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Borough of Adamstown, PA
Lancaster County
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A. 
For the purpose of this chapter, the terms and words listed in this section shall have the meanings herein defined. Words not herein defined shall have the meanings given in Webster's Unabridged Dictionary (most recent edition) and shall be interpreted so as to give this chapter its most reasonable application.
B. 
For the purpose of this chapter, the following rules of interpretation shall apply:
(1) 
Words in the present tense include the future tense.
(2) 
Words in the singular include the plural, and words in the plural include the singular.
(3) 
The words "used" and "occupied" as applied to any land or buildings shall be construed to include the words "or intended, arranged or designed to be used or to be occupied, or offered for occupancy."
(4) 
The term "such as" shall be considered as introducing a typical or illustrative designation of items and shall not be interpreted as constituting a complete list.
(5) 
The words "person" and "owner" shall be deemed to include a firm, company, corporation, unincorporated association, organization, trust and a partnership, or other legal entity, as well as an individual.
(6) 
The words "building" and "structure" shall be construed as if followed by the phrase "or part thereof."
(7) 
The word "lot" includes the words "plot" and "parcel."
(8) 
The word "water body" includes lake, pond, dammed water and water-filled quarry.
(9) 
The word "watercourse" includes channel, creek, ditch, dry run, spring, stream and river.
(10) 
The word "erect" shall mean to build, construct, alter, repair, display, relocate, attach, hang, place, suspend, affix or maintain any structure or building and shall also include the painting of exterior wall signs.
(11) 
The term "shall" is always mandatory; the terms "may" and "should" are permissive.
(12) 
Any term defined in the Municipalities Planning Code which is not otherwise defined in this chapter shall have the meaning set forth in the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Other terms or words used herein shall be interpreted or defined as follows:
ACCESS DRIVE
See "driveway."
ACCESSORY BUILDING
See "building, accessory."
ACCESSORY STRUCTURE
See "structure, accessory."
ACCESSORY USE
See "use, accessory."
ADULT BOOKSTORE
A use with a significant portion of the market value of, or over 15 square feet of total floor area occupied by, items for sale or rent being books, films, magazines, videotapes, coin- or token-operated films or videotapes, paraphernalia, novelties, or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or specified sexual activities. This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law.
ADULT LIVE ENTERTAINMENT FACILITY
A use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual specified sexual activities related to some form of monetary compensation paid to a person, company or organization operating the use or to persons involved in such activity.
ADULT MOVIE THEATER
A use involving the presentation to three or more persons at one time in a room of motion pictures, videotapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of specified sexual activities for observation by such persons and that is related to some form of monetary compensation paid by the persons viewing such matter.
ADULT USE
This term shall include any of the following uses: adult bookstore, adult movie theater, massage parlor or adult live entertainment facility/use.
AGRICULTURE
The cultivation of the soil for food products or other marketable products, including animal husbandry.
ALLEY
A minor right-of-way privately or publicly owned primarily for service access to the back or side of properties.
ALL-WEATHER SURFACE
Any roadway, driveway, alley or parking surface paved with crushed stone, asphalt, concrete or other pervious or impervious material in a manner that will support the weight of anticipated vehicular traffic in all weather conditions and minimize the potential for ruts, potholes or pooling of water.
[Added 4-3-2012 by Ord. No. 365]
ALTERATION
Any enlargement of the total floor area of a building, any enclosure by adding walls beneath a previously roofed area, any extension of a roofline to cover additional lot area not previously covered, or any construction which increases the cubic content of a building.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
AMENDMENT
A change in use in a district that includes revisions to the zoning text and/or the Official Zoning Map. The authority for any amendment lies solely with the Borough Council.
ANIMAL HOSPITAL
A building used for the treatment, housing or boarding of small domestic animals, such as dogs, cats, rabbits and birds or fowl, by a veterinarian.
ANIMAL, DOMESTIC
Any dog, cat, equine animal, bovine animal, sheep, goat or porcine (swine) animal.
ANIMAL, EXOTIC
Members of the family felidae, except those species commonly called house cats, and members of the family canidae except those licensed by the Pennsylvania Department of Agriculture. Exotic animals shall also include all nonnative animals, but excepting small animals and birds customarily kept as house pets.
ANIMAL HUSBANDRY
The raising, breeding, keeping or care of farm animals, livestock or insects for meat by-products or other utility, which is intended as a business or gainful occupation.
ANIMAL, WILD
All animals falling into one of the following categories as defined by Title 34, the Pennsylvania Game and Wildlife Code:[1]
A. 
BIG GAMEElk, deer, bear and wild turkey.
B. 
FURBEARERBadger, fisher, mink, muskrat, opossum, otter, pine marten, striped and spotted skunk, beaver, raccoon, all weasels, red and gray fox, and bobcat.
C. 
GAME ANIMALSElk, deer, bear, cottontail, snowshoe hare, red, gray and fox squirrels,
D. 
GAME BIRDSGeese, brant, wild ducks, mergansers and swans, coots, gallinules, rails, snipe, woodcock, turkeys, grouse, pheasants, Hungarian partridges, bobwhite quail, and mourning doves.
ANTENNA
Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, which system is external to or attached to the exterior of any building. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. The height of an antenna shall be the total maximum to which it is capable of being raised and shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or adjacent to the principal structure if roof-mounted. (See "communications antenna.")
ANTIQUE BUSINESS
A business for purchase and sale at retail of antiques. Specifically excluded are flea markets, multiple antique dealer ventures and garage sales of a permanent or quasi-permanent nature.
APARTMENT
A dwelling unit for rent or lease, which is either accessory to a principal use or one of three or more dwelling units in an apartment building, and which provides separate, independent living and sanitary facilities for one family or individual, including provisions for cooking and sleeping. Where such a unit contains no specific bedroom area, it shall be deemed an "efficiency apartment" and regulated as all other apartment dwelling units.
APARTMENT BUILDING
A building consisting of three or more dwelling units.
APARTMENT, CONVERSION
An apartment created within a single-family dwelling or other existing structure, where said conversion is done without altering the exterior of the building except to provide improvements necessary to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
AUDITORIUM
A building containing a stage and seating for meetings and/or performances.
AUTOMOBILE
A self-propelled, free-moving vehicle, primarily for conveyance on a street or roadway.
AUTOMOBILE BODY SHOP
See "vehicle body shop."
AUTOMOBILE SERVICE STATION
See "vehicle service station."
AUTOMOBILE WASHING CENTER (CAR WASH)
See "vehicle washing center (car wash)."
BASEMENT
A story partly below the finished grade, but having at least 1/2 of its height (measured from the finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building.
BED-AND-BREAKFAST INN
An owner-occupied single-family detached dwelling where not more than four bedrooms are rented to overnight guests on a daily basis for periods not exceeding one week.
BERM
An earthen mound designed to create a visual and sound barrier between a use and adjoining properties, streets, and adjacent uses.
BOARDINGHOUSE
A residential building that contains the primary residence of the owner(s)/manager(s) and his family as well as long-term housing for a maximum of 15 additional persons. No provisions for cooking shall be allowed in any rooming unit; however, congregate meals may be provided to residents where meals are served family-style rather than by ordering individual portions from a menu.
BUFFER YARD
A yard space, adjacent to a property line or building, which contains landscaping and plantings designed to screen, separate and shield a potentially incompatible use from adjoining properties, streets and uses.
BUILDING
A structure that has a roof supported by columns, piers or walls, which is intended for the shelter, housing or enclosure of persons, animals or chattel, or which is to house a use of a commercial or manufacturing activity.
A. 
BUILDING, ATTACHEDA building that has two party walls in common.
B. 
BUILDING, DETACHEDA building that has no party walls.
C. 
BUILDING, SEMIDETACHEDA building that has only one party wall.
BUILDING AREA
The total areas of outside dimensions on a horizontal plane at ground level of the principal buildings and all accessory buildings, exclusive of cornices, eaves, gutters or chimneys projecting not more than 18 inches; bay windows not extending more than one story and not projecting more than five feet; and steps and balconies.
BUILDING HEIGHT
The vertical dimensions measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling at the top story in the case of a flat roof, to the deckline of a mansard roof, and to the average height between the plate and ridge of a gable, hip or gambrel roof.
BUILDING LINE (BUILDING SETBACK LINE)
An imaginary line located along and drawn parallel to a wall or other exterior supporting member of a structure or portion thereof, excluding self-supportive projecting architectural features that project five feet or less. Minimum yard requirements are applied from the lot lines to said building lines.
BUILDING LINE (BUILDING SETBACK LINE), REQUIRED
The line within a property (usually parallel to the right-of-way or property line), defining the required minimum distance between any wall or other exterior supporting member of a structure or portion thereof and the adjacent street right-of-way or property line.
A. 
REQUIRED FRONT BUILDING LINEThe line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
B. 
REQUIRED SIDE BUILDING LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.
C. 
REQUIRED REAR BUILDING LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.
BUILDING, ACCESSORY
A building detached from and subordinate to the principal building or use on the same lot and used for purposes customarily incidental to the principal building, but not including vehicles, mobile homes, travel trailers, truck trailers, or any parts thereof. An accessory building may not house a principal use nor may it stand alone on a lot as a principal building.
BUILDING, PRINCIPAL
A building in which the principal use of the lot is conducted.
BUSINESS
Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional or personal service.
BUSINESS OFFICE BUILDING
A building used as offices and occupied by personnel to perform business, professional, administrative or clerical functions.
BUSINESS SERVICES
Includes such uses as banks, credit unions, loan and insurance agencies, utility offices, government, business and professional offices, medical or dental office facilities.
CAMPGROUND
A parcel of land upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes and where acceptable sanitary facilities are provided for each campsite or for the campground as a whole. Camping units that are not occupied on a daily basis shall not be stored in areas reserved as campsites but may be stored in designated areas elsewhere in the campground. Floodplain areas shall not be utilized for sanitary facilities or camping unit storage.
CAMPING UNITS
Any tent, travel or camping trailer, truck camper, motor home, cabin or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes. A dwelling unit located on the campground and occupied by the owner or manager of the campground shall not be considered a camping unit.
CAR WASH
See "vehicle washing center."
CARPORT
A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles. Any detached carport shall be subject to the same regulations as a detached garage. If the permanent roof of the carport is attached to the principal building, it shall be considered to be part of that building.
CELLAR
A story partly below the finished grade having at least 1/2 of its height (measuring from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.
CEMETERY
Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.
CENTER LINE OF STREET OR ROAD
A line midway between and parallel to the two street or road property lines, or as otherwise defined by the Borough Council.
CERTIFICATE OF ZONING COMPLIANCE
A certificate issued by the Zoning Officer upon completion of construction of a new building or upon a change or conversion of a structure or use of a building. This document certifies that the applicant has complied with any and all requirements and regulations provided herein and all other applicable requirements. This certificate is also utilized for registration of nonconforming uses of land or nonconforming uses of land and structures in combination.
CHANGE OF USE
An alteration of a building or a change of use theretofore existing within a building or on a lot to a new use which imposes other provisions of this chapter.
CHURCH AND RELATED USES
A building, structure or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents and church-related educational and/or day-care facilities.
CLEAN WOOD
The term includes the following:
[Added 4-3-2012 by Ord. No. 365]
A. 
Wood that contains no paint, stains or other types of coatings.
B. 
Wood that has not been treated with preservatives or chemicals, including copper, chromium arsenate, creosote and pentachlorophenol.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center line.
CLINIC
An individual building or cluster of buildings (or a lot in single or common ownership) operated by one or more licensed medical or dental practitioners for the purpose of providing medical or dental treatment to the public on an outpatient basis.
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEM
A mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; an air distribution system. An opening is made in the earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open horizontal loop system except there is no pumping of groundwater.
[Added 4-3-2012 by Ord. No. 365]
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEM
A borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
[Added 4-3-2012 by Ord. No. 365]
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes. Membership clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Membership clubs shall not include adult-related facilities as defined herein.
COMMERCIAL MESSAGE
Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
COMMERCIAL USE
A use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities for profit.
COMMUNICATIONS ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. The term "communications antenna" does not include a receiving facility for the sole use of an individual consumer and located on the property in which such individual consumer resides.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
COMPREHENSIVE PLAN
The Comprehensive Plan adopted by the Borough Council pursuant to Article III of the Pennsylvania Municipalities Planning Code which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Borough, and includes any unit or part of such plan separately adopted and any amendment to such plan or part thereof.
CONDOMINIUM
A form of property ownership providing for individual ownership of a specific dwelling unit or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.
CONSTRUCTION
The building, reconstruction, demolition activities for reconstruction, extension, expansion, alteration, substantial improvement, erection or relocation of a building or structure, including mobile homes. This shall include the placing and fastening of construction materials in a permanent position. Earthmoving activities shall not be deemed construction.
CORNER LOT
See "lot, corner."
COVERAGE
See "lot coverage."
CUL-DE-SAC
A street with a single means of entry and exit. A cul-de-sac has two parts, the stem and the turnaround.
DAY-CARE CENTER
A facility in which care is provided for seven or more children or adults at any one time, for profit or not for profit, where day -care areas are not also being used as a family residence. A day-care center, if situated on the premises of an operating community service facility, including but not limited to a public or private school, place of worship, community center or library, and associated with that activity, shall be considered accessory to the principal use of the property concerned. Day-care services also may be provided as an accessory use to office, commercial or industrial uses, provided that such services are for the sole use of current employees of said business or industry.
DENSITY
A measure of the number of dwelling units that occupy, or may occupy, an area of land.
A. 
DENSITY, GROSS RESIDENTIALThe number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, excluding public rights-of-way, whether exterior or interior, but including interior parking areas and access lanes, sidewalks, parks, playgrounds, common open spaces, etc.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings, manufactured homes, mobile homes, or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DRIVE-IN SERVICE PLACE
An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in a motor vehicle. Accessory services provided for customers which do not require the direct assistance of personnel of the establishment outside of the confines of the building (e.g., self-service gasoline pumps, vending machines, automatic teller machines, etc.) shall not be encompassed in this definition.
DRIVEWAY
An open space of not less than the width required herein, which provides vehicular access from a street or private road to the main building on a lot.
DWELLING, SINGLE-FAMILY, ATTACHED
A building with one dwelling unit from the ground to the roof, located on its own lot, and having two side party walls in common with other dwellings, except in the case of an end-of-row unit that only has one sidewall that is a party or lot-line wall. (See "town house.")
DWELLING, SINGLE-FAMILY, DETACHED
A detached (separate) building designed for or occupied exclusively by one family on an individual lot; however, this shall not include single-unit mobile homes that are defined separately.
DWELLING, SINGLE-FAMILY SEMIDETACHED
A building with one dwelling unit from the ground to roof and only one party wall in common with another dwelling unit (commonly described as a "duplex").
DWELLING, TWO-FAMILY
A separate building on an individual lot with two dwelling units from ground to roof (one unit over the other). Commonly described as a twin, these units are normally renter-occupied and are not designed for further subdivision.
DWELLING UNIT
One or more rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities for one family.
EASEMENT
The authorization by a property owner of a right-of-way granted, but not dedicated, for limited use of private land for a public, quasi-public or private purpose, within which the owner of the property shall not erect any permanent structures but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee of the easement.
ENCROACHMENT
Any physical action which may jeopardize the health and longevity of a natural feature, or any structure or activity which in any manner changes the course, current or cross section of any wetland, watercourse or body of water.
ENGINEER, BOROUGH
The Borough Engineer or any consultant designated by the Borough Council to review a subdivision plan and perform the duties of engineer in behalf of the Borough.
ENGINEER, PROFESSIONAL
A person duly licensed as a professional engineer by the Commonwealth of Pennsylvania.
FACADE
The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
FAMILY
Any number of persons living, cooking and utilizing sanitary facilities together in a single housekeeping unit not including more than three unrelated persons.
FARM
A parcel of land of 10 acres or more devoted to or available for the cultivation of land or other agricultural uses.
FENCE
Any combination of man-made materials (usually consisting of posts, boards, wire or rails) creating an enclosure or barrier to prevent intrusion from outside or straying from within or to mark a boundary.
FLOODPLAIN
See Article VI of this chapter.[2]
FLOOR AREA OF A BUILDING
The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA, HABITABLE
See "habitable floor area."
GARAGE, PRIVATE
An accessory building used for the storage of motor vehicles, which may include one commercial vehicle, owned and operated by the owner or occupants of the premises, and for the storage of not more than three private noncommercial vehicles owned and operated by the owner or occupants of the premises.
GARAGE, REPAIR
See "vehicle repair garage."
GARDEN APARTMENTS
Multifamily apartment buildings located on a plot of land under one ownership. Garden apartments are two stories high, with individual apartments on each story. Garden apartment buildings shall contain at least four but not more than 16 dwelling units in a single structure, with units generally renter-occupied. The garden apartments share: a) a common yard area which is the sum of the required lot areas of all dwelling units within the complex; b) common off-street parking; c) common outside apartment access for some or all units; and d) central utilities.
GEOTHERMAL BOREHOLE
A hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.
[Added 4-3-2012 by Ord. No. 365]
GEOTHERMAL ENERGY SYSTEM
An energy-generating system that uses the earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.
[Added 4-3-2012 by Ord. No. 365]
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HABITABLE FLOOR AREA
The sum of the floor area of all heated, finished rooms within a dwelling unit used on a daily basis for habitation. Such area may include living rooms; recreation rooms; kitchens; dining rooms; bedrooms; bathrooms; hallways; closets; heated and finished basements, cellars and attics; attached garages which have been converted into an integral part of the living quarters, but does not include garages; porches, whether roofed, unroofed or enclosed; roofed terraces; unfinished and unheated basements, attics, cellars or garages, etc.
HEALTH AND RECREATION CLUB
A business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.
HEIGHT OF COMMUNICATIONS TOWER
The vertical distance measured from the ground level to the highest point on an communications tower, including antennas mounted on the tower.
HISTORIC RESOURCE
A building, site, object or district that is determined to be of local, county, state or national significance.
HOME DAY CARE
The care for no more than six nonresident children or adults during any one calendar day from 6:00 a.m. until 7:00 p.m. located only in and operated as an accessory use in a dwelling in which the caregiver resides and which does not employ more than one person who does not reside in the dwelling.
HOME OCCUPATION
An occupation, profession, activity or use conducted within a residential dwelling by the resident-operator and not more than one nonresident employee. The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the exterior appearance of the structure and premises shall remain residential in character. There shall be no exterior evidence of the home occupation except a permitted sign, and the use shall cause no offensive noise, vibration, smoke, dust, odor, heat or glare. Since the use may be of such nature that may require regular visits by customers and/or deliveries, off-street parking space will be required in addition to the spaces required for the residential use.
HORTICULTURE
The growing of fruit, vegetables, flowers, ornamental plants, or trees for a profit.
HOSPITAL
A place for the diagnosis, treatment or other care of humans and having facilities for inpatient care, including such establishments as a sanitarium, sanatorium and preventorium.
HOTEL
A building containing a minimum of at least 10 sleeping rooms that are used as the more or less temporary abiding place of individuals who, for compensation, are lodged with or without meals, and in which no provision is made for cooking in any individual room or suite. A hotel may include restaurants, banquet/conference rooms, shops, newsstands, and other accessory services which are established primarily for servicing hotel occupants and only incidentally to the public.
IMPERVIOUS COVERAGE
Any portion of a lot covered by impervious surfaces.
IMPERVIOUS SURFACE
Any surface that has been compacted or covered over with a building, structure or layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, limerock or clay, as well as graveled driveways and parking areas and most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures and paved areas. In addition, other areas determined by the Borough Engineer to be impervious within the meaning of this definition will also be classed as impervious surfaces.
INN
See "hotel."
JUNK
Any worn, castoff, discarded or stored material, including, but not limited to, unlicensed vehicles, machinery and equipment ready for destruction or which has been collected for salvage or conversion to some use.
JUNKYARD
See "salvage yard."
LANDSCAPING
Changing, rearranging or adding to the vegetation or appearance of land to produce a visual, aesthetic or environmental effect appropriate to the use of land. Landscaping may include reshaping the land by moving earth as well as preserving the original vegetation or adding vegetation.
LARGE WIND ENERGY PRODUCTION FACILITY
An area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. Large wind energy production facilities consist of one or more wind turbines, tower and associated control or conversion electronics and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A facility is considered a large wind energy production facility if it supplies electrical power principally for off-site use.
[Added 4-3-2012 by Ord. No. 365]
LAUNDROMAT
A business premises equipped with individual clothes washing and/or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a multifamily housing development.
LIVESTOCK
Any member of the avian, bovine, equine, porcine, ovine and piscine species, including but not limited to poultry, fowl, cows, steers, horses, ponies, pigs, sheep, goats and fish.
LOADING/UNLOADING SPACE
An off-street space not less than 12 feet wide by 55 feet long and having a minimum clear height of 15 feet, exclusive of access area, for the parking of one vehicle while loading or unloading merchandise or materials.
LODGING HOUSE (ROOMING HOUSE)
See "boardinghouse."
LOT
A single tract or parcel of land, which may legally be described as such, held in single or joint ownership, which is occupied or capable of being occupied by one principal building or principal use together with such accessory buildings, structures and such open spaces as are arranged and permitted by this chapter. A "lot" may or may not coincide with a lot of record and includes one or more adjacent pieces, parcels or plots of land of record held in single and separate ownership.
A. 
LOT, CORNERA lot at the point of intersection of and abutting on two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of the two street lines.
B. 
LOT, FLAGA lot or parcel that has been approved with access provided to the bulk of the lot by means of a narrow corridor. Said lot has less frontage on a street than is normally required.
C. 
LOT, INTERIORA lot other than a corner lot, the side property lines of which do not abut a street.
D. 
LOT, THROUGHA lot extending between and having frontage on two streets.
LOT AREA
An area of land that is determined by the limits of the property lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot within a street right-of-way shall not be included in calculating the required lot area.
LOT COVERAGE
The percentage of the lot or property area covered by buildings or structures, excluding driveways, sidewalks and other standard paved vehicular or pedestrian accessways.
LOT DEPTH
A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT FRONTAGE
That portion of a lot extending along a street or road right-of-way line.
LOT LINE
Any line dividing one lot from another lot, street or parcel.
A. 
LOT LINE, FRONTOn an interior lot, the lot line abutting the street; on a corner or through lot, each lot line which abuts a street; on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
B. 
LOT LINE, REARExcept in the case of a corner lot, the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
C. 
LOT LINE, SIDEAny lot line that is not a front or rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to its depth. The required lot width shall be measured at the required minimum front-yard setback line, except that pie-shaped lots at the turnaround of cul-de-sac streets shall have lot frontage equal to at least 50% of the required lot width and shall achieve required lot width at a point equal to 50% of the lot depth. For a flag lot, the lot width shall be measured at the flag.
MANUFACTURING
A process whereby substances, raw materials, and/or semifinished materials are chemically, mechanically or otherwise transformed to goods and products that have some economic value.
MASSAGE PARLOR
An establishment that meets all the following criteria: a) massages are conducted; b) the use does not meet the definition of "massage therapy, certified" and the person conducting the massage is not licensed as a health-care professional by the state; c) the massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor; d) the massages are conducted within private or semiprivate rooms; and e) the use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program.
MESSAGE THERAPY, CERTIFIED
A use involving the performance of massages by a person licensed by the state as a massage therapist or certified by a recognized national organization that requires substantial professional training.
MIXED USE
Occupancy of a building for more than one use.
MOBILE HOME SITE
An area within a mobile home park or mobile home subdivision designated to contain one mobile home and the necessary utility connections and appurtenances. The area may be rented to an occupant, as in a mobile home park, or sold to an occupant, as in a mobile home subdivision.
MOBILE HOME SUBDIVISION
An area designed exclusively for mobile homes and mobile dwelling units, where lots are sold and not rented.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTEL
A building or group of building, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient travelers. Units are provided with separate entrances and off-street parking facilities. The term "motel" includes buildings designed as tourist courts, tourist cabins, motor lodges, and similar terms, but shall not be construed to include mobile or immobile trailers or homes.
MPC
The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as reenacted and amended, and as may in the future be amended.[3]
MUNICIPAL USE
Any use owned or operated by the Borough or an authority created by the Borough.
MUNICIPALITY
Adamstown Borough, Lancaster and Berks Counties, Pennsylvania.
NO-IMPACT HOME-BASED BUSINESS
A no-impact home-based business is a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.
NONRESIDENTIAL
Any use other than a dwelling. An institutional use, in which persons may reside, such as a dormitory, prison, nursing home, or hospital shall be considered a nonresidential use.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGN
A lawful sign that does not conform to the regulations of the district in which it is located.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
NURSERY, DAY CARE
See "day care."
NURSERY, HORTICULTURE
Any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines and other plants, including the buildings, structures and equipment customarily incidental and accessory to the principal use.
NURSING OR CONVALESCENT HOME
An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
OFFICE, PROFESSIONAL
An office building containing space for one or more persons engaged in occupations or callings which require extensive learned and academic preparation to secure knowledge or skill in a profession such as medicine, law, divinity or science, wherein professional advice, guidance or instruction is provided. Occupations or vocations that are trades, crafts or businesses and often involve the sale of a product shall not be considered professional offices.
OPEN HORIZONTAL LOOP GEOTHERMAL SYSTEM
Water is pumped from a water well or other water source into a heat exchanger located in a surface building. The water drawn from the earth is then pumped back into the ground through a different well or in some cases the same well, also known as "reinjection." Alternatively, the groundwater could be discharged to a watercourse, also known as a "pump and dump." In the heating mode, cooler water is returned to the earth, and in the cooling mode, warmer water is returned to the watercourse or well.
[Added 4-3-2012 by Ord. No. 365]
OPEN SPACE
The unoccupied space open to the sky on the same lot with the building.
OPEN SPACE, COMMON
See "common open space."
OUTDOOR WOOD-FIRED BOILER
[Added 4-3-2012 by Ord. No. 365]
A. 
A fuel-burning device that:
(1) 
Is designed to burn or is capable of burning clean wood or other fuels listed in 25 Pa. Code, Chapter 123, § 123.14 (relating to outdoor wood-fired boilers).
(2) 
Has a rated thermal output of less than 350,000 Btu per hour.
(3) 
The manufacturer designs or specifies for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals, including structures like garages and sheds.
(4) 
Heats building space or fluid, or both, through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
B. 
The fuel-burning device may also be known as an:
(1) 
Outdoor wood-fired furnace.
(2) 
Outdoor wood-burning appliance.
(3) 
Outdoor hydronic heater.
PADEP
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
PARKING LOT
An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.
PARKING SPACE
An off-street, open or enclosed, area accessible from a street or alley for parking of motor vehicles for owners, occupants, employees, customers or tenants of the principal building or use. Each parking space shall be not less than nine feet wide and not less than 18 feet long, exclusive of all drives, curbs and turning space.
PARTY WALL
A common, shared wall between two separate structures, buildings or dwelling units.
PENSIONE
A dwelling having one or more permanent principal occupants designated by the owner, a portion of which also may be utilized as a boardinghouse in which people may, for a fee, stay temporarily in the same manner as would guests in a vacation condominium rental unit or tourist rooms, including dwellings located in the MU Mixed Use District which permit the first floor of dwelling units to be used for retail or other commercial uses.
PERMANENT FOUNDATION
The term "permanent foundation" as it relates specifically to mobile homes shall include a "skirt" around the perimeter of the mobile home that shall be of masonry construction upon footers set below the frost line and oriented to the perimeter of the mobile home so as to provide a weathertight joint on all four sides.
PERSONAL SERVICES
Includes such uses as barbershops, beauty salons, photographic studios, tailor, dress-making, millinery shops and dry cleaning/laundry dropoff points.
PLAN
See "plat."
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area of land, controlled by a person, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created under the provisions of this chapter.
PLANNING COMMISSION
The Adamstown Borough Planning Commission.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
PREMISES
Any lot, parcel or tract of land and any building constructed thereon. The term "premises" shall also include the area occupied by a business or other commercial, professional or industrial enterprise. When more than one such enterprise occupies a building, each business area shall be considered a separate premises.
PRINCIPAL BUILDING
See "building, principal."
PRIVATE
Not publicly owned, operated or controlled.
PUBLIC
Owned, operated or controlled by a government agency (federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education).
PUBLIC GROUNDS
Includes the following:
A. 
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
C. 
Publicly owned or operated scenic and historic sites.
RADIO/TELEVISION TRANSMITTER
Any structure used for the transmission or retransmission of a commercial radio or television broadcast signal.
RECREATION, ACTIVE
Leisure-time activities, usually of a more formal nature and performed with other individuals, often requiring equipment and taking place at prescribed places, site or fields. Such areas usually require physical alteration to the area before they can occur and are intensively used, such as playgrounds, ball courts and swimming pools.
RECREATION, PASSIVE
Leisure-time activities, usually of an informal nature and which can be carried out with little alteration or disruption to the area in which they occur, such as hiking and picnicking.
RECREATIONAL VEHICLE
A vehicle (regardless of size) which is designed as a temporary dwelling for travel, recreational and vacation uses (regardless of whether it is self-propelled or is designed to be towed or carried by another vehicle). "Recreational vehicle" includes campers, pickup coaches, travel trailers or motor homes.
REGISTERED PROFESSIONAL
A person duly licensed as a professional engineer, surveyor, geologist or landscape architect by the Commonwealth of Pennsylvania.
REPAIR SERVICES
Includes such uses as radio, television and appliance repair shops, plumbing shops, carpenter shops, electronics and computer repair shops, and shoe repair shops.
RESTAURANT, DRIVE-IN
A commercial establishment where food or beverage is sold for consumption on the premises, either in a customer's vehicle or in an outside area, but not within a building.
RESTAURANT, DRIVE-THROUGH
An accessory use to a commercial restaurant, where the customer receives food or beverage via a drive-up window, without the need for the customer to leave his vehicle.
RESTAURANT, FAST-FOOD
A commercial establishment where a limited selection of food or beverage is sold either for consumption on the premises or as a "takeout" service. Food preparation is designed for immediate service to customers, and food is normally prepared in advance to facilitate this type of fast service.
RESTAURANT, SIT-DOWN
A commercial establishment where a variety of foods and beverages are sold for consumption on the premises. Customers are normally seated at a table where they select food and beverage from individual menus, and they are served foods and beverages by a restaurant employee at the same table at which said items are ordered and consumed.
RETAIL BUSINESS
Includes such uses as variety stores, apparel stores, drugstores, grocery stores, eating establishments, antique shops, music shops, sporting goods stores, and book, stationery, magazine, candy and tobacco shops.
RETAIL STORE/SALES
Retail stores are those businesses whose primary activities involve the display and retail sales of goods and products. This term shall not include adult-related facilities as defined herein.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, road, or other public or semipublic purposes.
ROOF ACCESS POINTS
Areas where ladders are not placed over openings (i.e., windows or doors) and are located at strong points of building construction and in locations where they will not conflict with overhead obstructions (i.e., tree limbs, wires or signs).
[Added 4-3-2012 by Ord. No. 365]
ROOMING HOUSE
See "boardinghouse."
ROOMING UNIT
Any habitable room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating.
ROW HOUSE
See "town house."
SALVAGE YARD (JUNKYARD)
A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal, or discarded materials, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
SANITARIUM, SANATORIUM
A private hospital, whether or not such facility is operated for profit.
SCHOOL, ELEMENTARY
Any school licensed by the Commonwealth of Pennsylvania and which meets the requirements for elementary education.
SCHOOL, NURSERY
Any place licensed by the Commonwealth of Pennsylvania and which is authorized to provide regular instruction and daytime care for two or more children under the age of elementary school.
SCHOOL, PRIVATE
A school that may offer a wide range of educational or instructional activities that may, or may not, be operated as a gainful business by some person or organization other than the school district.
SCHOOL, SECONDARY
Any school licensed by the Commonwealth of Pennsylvania and which is authorized to award diplomas for secondary education.
SCREENING
The use of plant or landscaping materials, fencing, walls and/or earthen berms to aid in the concealment of one element of a development from other elements or from adjacent or contiguous development.
SEASONAL SALES
A temporary retail use carried on for only a part of the year, such as the sale of Easter flowers, fireworks, Christmas trees, etc.
SEMIPUBLIC
Open to the public but owned, operated or controlled by a private, nonprofit or nonpublic agency.
SETBACK
The horizontal distance from a lot line to the part of the building nearest to such a lot line.
SHOPPING CENTER
A group of stores, two or more in number, planned, designed and constructed to function as an integrated unit with off-street parking provided on the property as an integral part of the unit.
SIGN
The word "sign" includes any writing (including letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol or trademark); or any other device or similar character which: 1) is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a vehicle, building or other structure; 2) is used to announce, direct attention to, or advertise: and 3) is visible from outside a building. Specific sign types are defined as follows:
A. 
BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
B. 
BILLBOARDAny off-premises sign that exceeds 20 square feet in sign area.
C. 
ELECTION SIGNA temporary sign that directs attention to a candidate or candidates for public office, a political party, or a ballot issue.
D. 
ELECTRONIC SIGNA sign, or portion of a sign, that displays an electronic image and/or video, which may or may not include text. Such signs include any sign, or portion of a sign, that uses changing lights to form a sign message or messages or uses electronic means to change the sign message. Electronic signs include, but are not limited to, signs also known as electronic reader boards, electronic message center signs, tri-panel message systems, and commercial electronic-variable message signs (CEVMS).
E. 
FLAGAny fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
F. 
FREESTANDING SIGNAn independently supported sign that is not attached to any building or other structure.
G. 
IDENTIFICATION SIGNAny sign indicating the name and address of an occupant of a building.
H. 
NONCONFORMING SIGNAny sign that does not conform to the requirements of this chapter.
I. 
OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered elsewhere than upon the premises where the sign is located or to which it is affixed or which calls public attention to a candidate, cause or public issue. Off-premises signs shall not exceed 20 square feet in sign area.
J. 
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed.
K. 
PROJECTING SIGNA sign erected or displayed which is attached to the wall of a building and projects in a perpendicular fashion from said wall. Wall signs that project more than 12 inches shall be treated as projecting signs.
L. 
SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
M. 
TEMPORARY SIGNAny sign that is used temporarily and is not permanently mounted.
N. 
WALL SIGNAny sign attached parallel to, but within 12 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
O. 
WINDOW SIGNAny sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service, which is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
SIGN AREA
The area of a sign shall be construed to include the entire display surface and background, whether open or enclosed, which encompasses lettering, wording, designs and symbols, but not including any supporting framework and bracing that is incidental to the display itself. The area shall be determined using the largest visible sign or silhouette area. When the sign consists of individual letters or symbols attached to or printed on a surface, the area shall be considered to be the smallest rectangular shape or shapes which can be drawn together to encompass all of the letters and symbols.
SIGN HEIGHT
The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the normal elevation at the base of the sign is equal to the elevation of the grade of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
SIGN, ADVERTISING
See "billboard."
SITE PLAN
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the Borough Council, Planning Commission or Zoning Hearing Board in unusual or special cases.
SKYSPACE
The open space between a solar collector or wind turbine and the sun or prevailing wind, which must be free of obstructions that may shade or impede the collector to the extent that it would reduce its cost-effective operation.
[Added 4-3-2012 by Ord. No. 365]
SMALL WIND ENERGY SYSTEM
A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, and which is intended to primarily reduce on-site consumption of utility power. A system is considered a small wind energy system only if it supplies electrical power solely for on-site use, except that, when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
[Added 4-3-2012 by Ord. No. 365]
SOLAR COLLECTOR
A device or combination of devices, structure or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy.
[Added 4-3-2012 by Ord. No. 365]
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, an energy storage system (where used), and components for the distribution of transformed energy.
[Added 4-3-2012 by Ord. No. 365]
SPECIFIED SEXUAL ACTIVITIES
One or more of the following:
A. 
Human male genitals in a visible state of sexual stimulation;
B. 
Acts of human masturbation, sexual intercourse, oral sex or sodomy; or
C. 
Fondling or other erotic touching of human genitals.
STACK
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a furnace, especially that part of a structure extending above a roof.
STORY
A "story" is that part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A "split-level story" shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story; and, if less than two feet below the top plate, it shall be counted as a half story.
STREAM
A natural drainageway having defined bed and banks that supports aquatic life, including, but not limited to, fish, reptiles and macroinvertebrates.
STREET
Any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private. The word "street" includes the entire right-of-way and is not limited to the cartway area.
STREET GRADE
The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts, at the midway point of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINE
The line determining the limit of the street or public right-of-way, either existing or contemplated. Also referred to as the "street lot line" or "road right-of-way line." Where a definite right-of-way width has not been established, the street line shall be determined as a line 25 feet from the center line of the existing street.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
A. 
STRUCTURE, PERMANENTAny structure with a permanent foundation or footings which is not intended to be removed after a designated period of time.
B. 
STRUCTURE, TEMPORARYAny structure without a permanent foundation or footings which is intended to be removed after expiration of a designated time period authorized for its installation.
STRUCTURE, ACCESSORY
A structure subordinate to and detached from the principal structure on the same lot and used for the purposes customarily incidental to the principal structure.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either: a) before the improvement or repair is started; or b) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.
TEMPORARY
Used or lasting for only a limited period of time; not permanent.
THEATER
A building or part of a building devoted to the showing of moving pictures or for dramatic, musical or live performances.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or for dramatic, musical or live performances on a commercial basis to patrons seated in automobiles or on outdoor seats.
TIMBERING (TIMBER HARVESTING)
The cutting down and removal of trees and logs to be converted to any forest product.
TOWNHOUSE
See "dwelling, single-family, attached."
TRAVEL TRAILER
A vehicular portable structure built on a chassis (motorized home, converted bus, tent trailer, tent or similar device) designed to be used as a temporary dwelling for travel and recreational purposes.
TURBINE HEIGHT
The distance measured from the highest point of the wind turbine rotor plane to the ground level.
[Added 4-3-2012 by Ord. No. 365]
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
A. 
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
B. 
USE, PRINCIPALThe main purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
UTILITY
Any utility coming under the jurisdiction of the Public Utility Commission of Pennsylvania.
VEHICLE BODY SHOP
A building that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles, trucks and other vehicles used for conveyance.
VEHICLE REPAIR GARAGE
A structure, building or area of land or any portion thereof used primarily for the servicing and repair of automobiles, trucks and similar vehicles. A vehicle repair garage may provide one or more of the following services: general mechanical repair of motor vehicles including state inspection, lubrication, washing, or sale of accessories and motor vehicle fuels. Uses permissible as a repair garage do not include bodywork, straightening of body parts, painting, welding, and storage of certain vehicles. A repair garage is not an automobile body shop or retail automotive parts store.
VEHICLE SERVICE STATION
A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for rendering vehicle services, such as lubrication, washing and minor repairs.
VEHICLE WASHING CENTER (CAR WASH)
A building on a lot, designed and used primarily for the washing and polishing of motor vehicles, and which may provide for the retail sale of minor, automotive accessories.
VEHICULAR DWELLING
A transient dwelling, containing less than 400 square feet of gross floor area, including automotive-drawn trailers or trailer coaches, which are designed primarily for vehicular mobility.
VIDEO ARCADE
An establishment that provides as a principal use, amusement devices and/or video games of skill or chance (e.g., pinball machines, video games, firing ranges, and other similar devices). This definition does not include the use of two or less such devices as an accessory use.
WETLAND
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
WIND CHARGER
A wind-driven direct-current generator used for charging storage batteries.
[Added 4-3-2012 by Ord. No. 365]
WIND ENERGY CONVERSION SYSTEM (WECS)
A device, such as a wind charger, wind turbine or windmill and/or other electric-generation facility, whose main purpose is to convert wind power into another form of energy, such as electricity or heat, consisting of one or more wind turbines and other structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
[Amended 4-3-2012 by Ord. No. 365]
WINDMILL
A device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.
[Added 4-3-2012 by Ord. No. 365[4]]
WIND TURBINE
A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.
[Added 4-3-2012 by Ord. No. 365]
WIND TURBINE TOWER
The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
[Added 4-3-2012 by Ord. No. 365]
YARD
An open space, other than a court, unoccupied by a structure; provided, however, that fences, walls, posts, trees, lawn furniture, and other customary yard accessories are permitted in any yard subject to the height limitations and requirements limiting obstruction of visibility.
A. 
YARD, FRONTAn unoccupied space, open to the sky, between the front lot line (road right-of-way line) and the building line of the principal building closest to the front lot line.
B. 
YARD, REARAn unoccupied space, open to the sky, between the rear lot line and the building line of the principal building that is closest to the rear lot line.
C. 
YARD, REQUIRED FRONTAn unoccupied space, open to the sky, provided between the front lot line (road right-of-way line) and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.
D. 
YARD, REQUIRED REARAn unoccupied space, open to the sky, between the rear lot line and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.
E. 
YARD, REQUIRED SIDEAn unoccupied space, open to the sky, between the side lot line and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any district, and extending the full depth of the lot.
F. 
YARD, SIDEAn unoccupied space, open to the sky, between the side lot line and the side building line of the principal building. In most cases, a lot has two side yards located on opposite sides of the principal building.
ZONING DISTRICT
A portion of the Borough or adjacent municipality(s) within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter (or the adjacent municipality's zoning ordinance).
ZONING HEARING BOARD
The Zoning Hearing Board of and for Adamstown Borough.
ZONING MAP
The Zoning Map of Adamstown Borough adopted hereunder, together with all amendments thereto subsequently adopted.
ZONING OFFICER
The agent(s) or official(s) designated by Adamstown Borough to enforce this chapter of the Borough Code.
ZONING PERMIT
A permit issued indicating that a proposed use, building or structure is in accordance with this chapter, which authorizes an applicant to proceed with said use, building or structure.
[1]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: Former Section 632, Floodplain regulations, which was originally in Article 6, was repealed 3-1-2016 by Ord. No. 385. See now Ch. 140, Floodplain Management, of the Code.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: This ordinance also repealed a former definition of "wind rotor," which would have immediately followed this definition.