As used in this chapter, the following terms shall have the meanings indicated:
ACCEPTED SILVICULTURAL PRINCIPLESSustainable forestry principles and implementation guidelines published by the American Forest and Paper Association, October 14, 1994.
ACCESS DRIVEA paved surface, other than a street, which provides vehicular access for the public from a street or private road to a lot.
ACCESSORY STRUCTUREA structure detached from, subordinate to, and on the same lot with the principle structure, and used for purposes customarily incidental thereto. Accessory structures shall include car ports, private garages, gazebos, pet houses, utility or storage buildings, and swimming pools, as defined herein.
ACCESSORY USEA use on the same lot with and customarily incidental to any of the permitted uses.
ADJACENT PROPERTYAny property that directly adjoins, is contiguous to or is located across a public or private street from another property.
ADMINISTRATIVE ACTIVITIESAny business function in which there is no regular contact with the general public and no materials, products, goods, or prepared foods are stored except for office consumption.
ADULT ENTERTAINMENT USEAn establishment having, as a primary stock or trade, movies, shows, books, magazines, and other periodicals, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or specific anatomical areas.
AGENTAny person who; acting for a developer, landowner, or lessee submits plans to the Zoning Officer, the Office of Planning and Development, Zoning Hearing Board, or the Borough Council for the purpose of obtaining a permit of any kind.
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products and/or in the production, harvesting, and preparation for market or use of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products, or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURAL PRODUCTAny of the range of crop and livestock commodities grown or produced as a result of the conduct of an agricultural operation or farm.
AGRICULTURALLY RELATED PRODUCTItems sold at a farm market to attract customers and promote the sale of agricultural products. Such products are associated with agricultural products either produced on the farm where the farm market is located or on other farms within Adams or York counties.
AGRICULTUREThe use of a tract of land for the purpose(s) of active cultivation or animal husbandry.
ALTERNATIVE ENERGY SYSTEMA structure or group of structures such as a wind turbine or solar collecting array designed and intended to produce energy from natural forces such as wind or sunlight.
AMENDMENTA revision to the text or Zoning Map of the Abbottstown Borough Zoning Ordinance, adopted in accordance with the provisions of the Municipalities Planning Code.
ANIMAL SHELTERA facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a municipality or nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
ANTENNATelecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services.
[Added 3-17-2022 by Ord. No. 2022-01]
APARTMENT BUILDINGA residential building consisting of three or more apartments where each apartment is accessed from a common internal hallway or an external walkway and where at least one apartment is located above another apartment.
APPLICABLE CODESAny of the following:
[Added 3-17-2022 by Ord. No. 2022-01]
A. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons.
B. Local zoning, land use, streets and sidewalks, rights-of-way and permitting ordinances that comply with this chapter.
APPLICANTA communications service provider that submits an application.
[Amended 3-17-2022 by Ord. No. 2022-01]
APPLICATIONA request submitted by an applicant to a municipality:
[Added 3-17-2022 by Ord. No. 2022-01]
A. For a permit to co-locate small wireless facilities; or
B. To approve the installation, modification or replacement of a utility pole with small wireless facilities attached.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to the start of construction or development including, but not limited to, the approval of a subdivision plat or a land development plan.
ARCADEAn area contiguous to a street or plaza that is open and unobstructed to a height of not less than 12 feet and that is accessible to the public at all times. The term "arcade" shall not include off-street loading areas, driveways, or off-street parking areas.
AREA, BUILDINGThe total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
AREA, FLOORThe sum of the gross area of all floors of a building or buildings measured from the face of exterior walls or from centerlines of walls separating two buildings. Floor area includes, but is not limited to, the following:
B. Elevator shafts, stairwells, and attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more;
C. Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed;
D. Any other floor space used for dwelling purposes, no matter where located within the building;
E. Accessory buildings, excluding space used for accessory off-street parking or for loading berths, and
F. Any other floor space not specifically excluded, excluding space used for air conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.
BAY WINDOWA window structure projecting beyond the main wall plane.
BED-AND-BREAKFAST ESTABLISHMENTAn owner-occupied and operated dwelling originally designed as a residential structure where limited overnight lodging and a breakfast is provided for compensation to tourist or recreational guests.
BLOCKAn area bounded by three or more streets.
BOROUGH COUNCILThe Borough Council of the Borough of Abbottstown, Adams County.
BUILDINGA combination of materials to form a permanent structure having walls and a roof, including, but not limited to, all mobile homes and trailers.
BUILDING HEIGHTThe vertical distance between the average elevation of the proposed finished grade along the entire front of the building, and the highest point of the roof for flat roofs, and the deck lines for mansard roofs, and the mean height between eaves and ridges for gable, hip and gambrel roofs, but not including chimneys, towers, spires, elevator penthouses, tanks, railings and similar projections.
BUILDING LINEA line, drawn parallel to a front, side, or rear property line that depicts the closest distance of an existing building to said front, side, or rear property line.
BUILDING SETBACK LINEA line, parallel to the street right-of-way line for front yards, and parallel to the lot lines for side and rear yards, designating the minimum distance from the right-of-way and/or lot lines that a building may be erected under the various land requirements of this chapter.
BULKA term describing the size of buildings or other structures and their relationship to each other, to open areas such as yards and to lot lines and includes: the size, height, and floor area of buildings or other structures, the relationship of the number of dwelling units in a residential building to the area of the lot (usually called density); and all open areas in yard space relating to buildings and other structures.
BUSINESS PARKA planned development with a unified design of business uses located in pedestrian scale structures arranged in a campus-like setting of usable open space providing such passive recreational amenities as hiking and bicycle paths, nature trails, picnic areas, wooded areas, and ponds.
CABLE FACILITYBuildings, other structures and equipment used by the owner or operator of a cable television system to provide service. As used in this definition, the term "cable system" shall have the meaning given to it in Section 602(6) of the Cable Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(7)].
[Added 3-17-2022 by Ord. No. 2022-01]
CALIPERThe diameter of a tree measured at 12 inches above the ground surface.
CANOPYA permanently roofed shelter projecting over a sidewalk, driveway, entry, window or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, pole, or braces extending from the ground. Any roof overhang extending more than two feet from the face of the building shall be considered a canopy.
CAR PORTA roofed structure for which the sole purpose is protection of motor vehicles. Such structures may be attached to the principal structure on no more than two sides but shall not be enclosed on any other dimension.
CARTWAYThe portion of a road intended for vehicular use.
CEMETERYLand used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries.
CERTIFICATE OF OCCUPANCYA certificate issued and enforced by the Zoning Officer, Building Permit Office, or their designee, upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certified that all requirements and regulations as provided herein, as well as all other applicable requirements, have been satisfied.
CLUBAn institutional use of land and/or a building within which is housed an organization that caters exclusively to members and their guests. They shall include premises or buildings for social, recreation, and administrative purposes that are not conducted for profit, provided there are no vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include but not be limited to, fraternal, political, religious, and service organizations, labor unions, Granges, and social and athletic clubs.
CO-LOCATION or CO-LOCATETo install, mount, maintain, modify or replace small wireless facilities on an existing utility pole or other wireless support structure.
[Added 3-17-2022 by Ord. No. 2022-01]
COMMERCIAL RECREATION FACILITYAny commercial use whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity:
A. INDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business, open to the public, for the purpose of leisure time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, miniature golf course, skating rink, swimming pool, tennis courts, or theatre, when operated within a completely enclosed building. For purposes of this chapter, this use excludes a health and fitness club and indoor shooting range.
B. OUTDOOR COMMERCIAL RECREATIONAL ESTABLISHMENTAn establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, but also including amusement rides or regular live entertainment. For purposes of this chapter this use excludes a park, golf course and an outdoor shooting range.
COMMUNICATIONS FACILITYA set of equipment and network components, including wires and cables and associated facilities, used by a communications service provider to provide a communications service.
[Added 3-17-2022 by Ord. No. 2022-01]
COMMUNICATIONS SERVICE PROVIDERAny of the following:
[Added 3-17-2022 by Ord. No. 2022-01]
A. A cable operator as defined in Section 602(4) of the Cable Communications Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
B. A provider of information service as defined in Section 3(20) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
C. A telecommunications carrier as defined in Section 3(44) of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions set forth in Article
XIV of this chapter.
CONDOMINIUMReal estate, portions of which are designed for separate ownership and the remainder of which is designated for common use solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)A residential community designed to provide independent and assisted living arrangements for person(s) aged 55 years and older as part of a planned community, where said planned community may also include nursing services, medical services, and other health and lifestyle related services.
CONVERSION APARTMENTAn apartment located within a former single-family detached dwelling that has been renovated to provide individual and independent dwellings for three or more families without substantially altering the exterior of the building.
COTTAGE INDUSTRYAn occupation or trade conducted entirely within a detached residential accessory structure which is clearly incidental and secondary to the use of the lot and dwelling for residential purposes.
COUNTRY CLUBA facility with recreational amenities for members, their families and invited guests. This may also include food service to members and to the general public, as well as rental facilities for weddings, receptions and other large gatherings.
COUNTYThe County of Adams, Pennsylvania.
CROSS GABLEA gable set perpendicularly to the primary gable of a building.
CROSSWALKA crosswalk shall be defined as:
A. That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the center line; or
B. Any portion of a roadway at an intersection or elsewhere distinctly indicated as a pedestrian crossing by pavement marking lines on the surface, which might be supplemented by contrasting pavement texture, style, or color.
DAY-CARE CENTERSAny dwelling, building, or portion thereof which child or adult day-care services other than babysitting are provided, including any on-site outdoor play areas.
DECIDUOUS TREEA woody, perennial tree which loses its foliage at the end of each growing season.
DECORATIVE POLEA municipal pole that is specially designed and placed for aesthetic purposes.
[Added 3-17-2022 by Ord. No. 2022-01]
DENSITYThe number of dwelling units per acre of land.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, or one authorized and empowered by a landowner, who makes or causes to be made a subdivision of land or a land development or a resubdivision.
DISTRIBUTION FACILITYAny indoor or outdoor place or premises where trucks, tractors and/or trailers park or are assigned, stationed, fueled, stored, loaded or unloaded, except when accessory to a manufacturing or commercial use where said vehicles are used solely for the delivery of supplies and/or for the transport of items or commercial goods manufactured solely on the premises.
DIVIDER STRIPA landscaped island separating and running the length of two rows of contiguous parking spaces within a parking lot, and which provides opportunities for landscaping and traffic circulation control.
DORMERA roofed structure housing a vertical window that projects from a pitched roof.
DRIVE-THROUGH SERVICEA service made available by any establishment which, by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVEWAYThe vehicular entrance and exit for land use.
DUPLEXSee Dwelling, Single-Family Semidetached.
DWELLINGAny building which is designed for human living quarters, but not including hotels, boarding houses, tourist cabins, motels and other accommodations used for transient occupancy.
DWELLING UNITAn independent housekeeping unit consisting of living quarters of one or more rooms arranged for use by one or more individuals with cooking, living, sleeping and sanitary facilities.
DWELLING UNIT, ACCESSORY (ADU)A. A suite, either attached to or detached from the primary dwelling unit on the lot, for occupation by the following members of the lot owner's family:
(1) A parent, grandparent, adult child over age 18, and/or a spouse, partner or sibling of one of those relatives.
(2) A family relative, by blood, marriage, adoption or foster relationship who requires continuous care due to injury, illness or a serious physical or mental disability that substantially impairs or restricts one or more such activities as walking, seeing, hearing, speaking, working, or learning.
(3) A licensed, permanent caregiver for the occupants of the primary dwelling unit on the lot.
B. A detached ADU may take the form of a cottage or similar dwelling, or may be constructed over a detached accessory building such as a garage. A camper, travel trailer or other mobile residence shall not be permitted as a detached ADU. An attached ADU is attached to the principal dwelling unit on the lot, but must have its own, permanent provisions for living, sleeping, eating, cooking, and full bath, which are not shared with the residents of the principal dwelling unit on the lot.
DWELLING, MULTIFAMILYA building containing three or more dwelling units, designed for rental or condominium ownership of the individual dwelling units, and where access to individual dwelling units are provided in common interior hallways.
DWELLING, SINGLE-FAMILY ATTACHEDA building designed for two or more dwelling units attached by common or party walls, commonly identified as twin homes when two units are attached or townhouses or row houses when three or more units are attached together in a structure.
DWELLING, TWO-FAMILYA building containing two dwelling units, arranged either in a side-by-side fashion sharing one common party wall or with one unit arranged over the other.
EASEMENTThe right of a person, governmental agency, or public entity to use public or private land owned by another for a specific purpose.
EAVEThe projecting overhang at the lower edge of a roof.
EMERGENCY SERVICESFacilities and structures, including fire, ambulance, and police services.
ENGINEERA professional engineer registered by the Commonwealth of Pennsylvania.
EROSIONThe removal of surface materials by the action of natural elements.
EVERGREEN TREEA woody, perennial tree which retains its foliage for more than one growing season, and which has a mature height exceeding 15 feet.
FACADEThat portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.
FACADE, FRONTThe facade parallel or nearly parallel to the public or private street upon which the building has its primary frontage. The front facade contains the primary entrance to the building.
FACADE, SIDEThe facade parallel or nearly parallel to the side property line of the building.
FARMA parcel, which may include a residence, farm-related buildings, and surrounding land, and which is devoted to the production of agricultural products.
FARM MARKETAn establishment located on a farm or other property where agricultural operations are conducted and providing for the sale of horticultural and agricultural products or agriculturally related products that are either produced on the farm or are directly related to agricultural products produced within Adams or York counties.
FCCThe Federal Communications Commission.
[Added 3-17-2022 by Ord. No. 2022-01]
FINANCIAL INSTITUTIONA bank, savings and loan association, credit union, finance or loan company, or similar establishment.
FITNESS/HEALTH CENTERA facility providing fitness, health and dietary instruction and training by certified professionals. Aerobic, cardiovascular and weight training instruction and equipment may be available as well as martial arts instruction, aquatic activities, and massage and other physical therapy.
FOOTCANDLEA measure of light falling on a surface. One footcandle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
FULL CUT-OFF FIXTUREA light fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a 90° angle measured horizontally from the base of the housing.
FUNERAL HOMEA building designed for the purpose of the preparation and viewing of the deceased prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, or entombments, but may include mortuaries and crematoriums.
GARAGE, PRIVATEA permanent structure, either attached to or separate from a principal building, used primarily for storage of automobiles or other large motorized vehicles.
GASOLINE SERVICE STATIONAny parcel, and associated structure thereon, used for:
A. The retail sale of motor fuel and lubricants and incidental services, such as lubrication and handwashing of motor vehicles; and
B. The sale, installation, or minor repair of tires, batteries, or other automotive accessories.
GAZEBOA freestanding, roofed temporary or permanent structure, usually open-sided, providing a shady resting or gathering place.
GOLF COURSEA tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a club house and shelters as accessory uses but does not include a miniature golf course.
GOVERNMENT FACILITIESAny local, county, state or federal government building, office or facility designed and intended to be occupied by the government or designed and intended for public use sponsored by such governments or its designee, including but not limited to administration uses, post offices, community centers, libraries, offices for public utilities and other similar uses.
GROUP HOMEA facility providing shelter, counseling, and other rehabilitative services in a family-like environment for no more than 10 residents and such supervisory personnel as required by the licensing agency. Such facilities may provide supervisory and rehabilitative services, but medical care or nursing supervision shall not be provided.
HEIGHT OF SIGNThe vertical distance measured from ground level to the highest point on the sign, or its supporting structure.
HISTORIC DISTRICT or BUILDINGA building that is or a group of buildings, properties or sites that are:
[Added 3-17-2022 by Ord. No. 2022-01]
A. Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register.
B. Determined to be eligible for listing by the Keeper of the National Register of Historic Places who has been delegated the authority by a Federal agency to list properties and determine their eligibility for the National Register of Historic Places in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement for Review Regarding the Section 106 National Historic Preservation Act Review Process as specified under 47 CFR Pt. 1, App. C (relating to Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process).
C. Marked as a historical site by the Pennsylvania Historical and Museum Commission pursuant to 37 Pa.C.S.A. (relating to historical and museums).
D. Within a historic district created pursuant to the act of June 13, 1961 (P.L. 282, No. 167), entitled "An act authorizing counties, cities, boroughs, incorporated towns and townships to create historic districts within their geographic boundaries; providing for the appointment of Boards of Historical Architectural Review; empowering governing bodies of political subdivisions to protect the distinctive historical character of these districts and to regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings within the historic districts."
HOME OCCUPATIONAny use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein, provided that the use is clearly incidental and secondary to the use of the dwelling for residential purposes.
HOME OFFICEA use conducted entirely within a dwelling and carried on by the inhabitants residing therein, provided that the use is clearly incidental and secondary to the use of the dwelling for residential purposes, and that the use generates no customer or delivery traffic.
HOSPITALAn institution, licensed in the commonwealth as a hospital, which renders inpatient and outpatient medical care for a twenty-four-hour-per-day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all uses are contained upon the hospital property. This definition does not include an animal hospital.
HOTELA building containing individual sleeping units or rooms and used primarily for transient travelers, together with off-street parking facilities, and where access to individual units is from hallways internal to the building.
IMPERVIOUS LOT COVERAGEThe area of any lot covered by impervious materials. This shall include pervious surfaces such as porous concrete or pavers in the impervious lot coverage calculation.
IMPERVIOUS MATERIALA material that prevents the infiltration of water into the ground. Impervious materials, surfaces and areas include but are not limited to roofs, additional indoor living spaces, patios and decks, garages, storage sheds and similar structures, streets, driveways, access drives, parking areas, and sidewalks. Any areas designed to be covered by loose surfacing materials such as gravel, stone and/or crushed stone, and intended for storage of and/or travel by vehicles, or pedestrians shall be considered impervious. Any material not specifically listed in this definition shall be considered pervious.
JUNKOld, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, unlicensed motor vehicles, and parts thereof.
JUNKYARDAny lot, land, structure or part thereof which is used primarily for the collection, storage or sale of waste paper, rags, scrap metal or discarded material, or for the collection, dismantling, storage, salvaging or sale of machinery, vehicles or parts thereof not in running condition.
KENNEL, COMMERCIALThe boarding, breeding, raising, grooming, or training of two or more dogs, cats, or other household pets of any age, primarily for commercial gain.
LAND DEVELOPMENTAny of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
C. Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.
LANDOWNERThe legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having proprietary interest in land.
LANDSCAPE ARCHITECTA professional landscape architect registered by the Commonwealth of Pennsylvania.
LANDSCAPE PLANA plan prepared to demonstrate the additions of trees, plants, and other natural and decorative features to the land, as may be required by this chapter.
LANDSCAPINGThe area within the boundaries of a given lot that consists of planting materials, including, but not limited to, trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials. At least 50% of the landscaping area must be covered by live plant material at the time of plant maturity.
LIGHT TRESPASSLight from an artificial light source that intrudes into an area where it is not wanted or does not belong.
LIVE ENTERTAINMENTAny musical act, theatrical act, comedy act, play, revue, scene, dance act, or any combination thereof, performed by one or more persons, whether or not they are compensated for the performance, in a privately owned premises that is open to the public, whether or not admission is charged. Live entertainment does not include adult entertainment uses, as defined herein.
LIVING AREAThe total floor area within a dwelling unit devoted to occupiable space. In calculating the living area for a dwelling unit, the floor area devoted to closets or other storage areas, internal or external stairwells, and utility rooms shall not be included in the calculations.
LOTA designated parcel, tract, or area of land established by plat or otherwise as permitted by law, to be used, developed or built upon as a unit.
LOT AREAThe area contained within the property lines of a lot, excluding any street right-of-way or driveway easement providing access to an adjoining property, or officially designated floodplain located on the lot.
LOT LINE, FRONTThat lot line that is described as the front property line in the deed of said property unless otherwise specified in this chapter. In the absence of a deed described front property line, said line shall be the centerline of the street right-of-way.
LOT LINE, REARThat lot line which is parallel to and most distant from the front lot line of the lot. In the case of an irregular-, triangular- or gore-shaped lot, a line 10 feet in length, entirely within the lot, parallel to, and at the maximum distance from, the front lot line shall be considered the "rear lot line."
LOT, CORNERA lot abutting on, and at the intersection of, two or more streets.
LOT, DEPTHThe horizontal distance measured between the street right-of-way line and the closest rear property line measured perpendicular along straight street rights-of-way and measured radially along curved street rights-of-way. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way of the street of address to the directly opposite property line.
LOT, FRONTAGEThe length of the front lot line measured at the street right-of-way line.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets. The lot shall not be considered a through lot if the street the lot fronts on is an alley/service street, as defined in this chapter.
LOT, WIDTHThe horizontal distance between side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line along the minimum building setback line, and at the street right-of-way line along the street of address.
LUMINAIREA complete lighting unit, often referred to as a "light fixture." A luminaire consists of the light source, optical reflector and housing, and electrical components for safely starting and operating the source.
MANUFACTURING, HEAVYThe manufacture or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of their manufacturing process.
MANUFACTURING, LIGHTThe manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing.
MANUFACTURING, MEDIUMThe processing and manufacturing of materials or products predominately from extracted or raw materials. These activities may include outdoor assembly and storage of products. Outdoor manufacturing of raw materials into compost, primarily for commercial resale, is a medium manufacturing activity. These activities do not necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL OFFICE OR CLINICA place, building, or portion of a building used exclusively by physicians, optometrists, chiropractors, dentists, physical therapists, massage therapists, or other drugless practitioners involving non-surgical treatment, care, examination and diagnosis, and preventive health services, including inoculation and educational services to outpatients. This definition includes medical laboratories used in the taking, analyzing and testing of physical samples and specimens for the diagnosis and treatment of patients.
MICRO WIRELESS FACILITYA small wireless facility that:
[Added 3-17-2022 by Ord. No. 2022-01]
A. Does not exceed two cubic feet in volume; and
B. Has an exterior antenna no longer than 11 inches.
MOBILE HOMEA 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. A recreation vehicle that can be moved under its own power and without assistance from another vehicle shall not qualify as a mobile home.
MOBILE HOME LOTA 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 PARKA parcel or contiguous parcels of land which has been designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODIFICATION or MODIFYThe improvement, upgrade or replacement of a small wireless facility or an existing utility pole that does not substantially change, as defined in 47 CFR 1.6100(b)(7) (relating to wireless facility modifications), the physical dimension of the small wireless facility or utility pole.
[Added 3-17-2022 by Ord. No. 2022-01]
MODULAR HOUSINGA dwelling unit assembled or partially assembled away from the site on which it will be located and produced as a standardized unit.
MUNICIPAL POLEA utility pole owned, managed, or operated by or on behalf of a municipality.
[Added 3-17-2022 by Ord. No. 2022-01]
MUNICIPALITYThe Borough of Abbottstown, Adams County, Pennsylvania.
NIGHTCLUBAn establishment operated as a place of entertainment, characterized by any or all of the following as a principal use:
A. Live, recorded, or televised entertainment, including but not limited to performance by magicians, musicians, disc jockeys, or comedians;
NO-IMPACT HOME-BASED BUSINESSA 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.
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of the Zoning Ordinance, 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 STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter, or an amendment thereto, where such structure lawfully existed prior to the enactment of this chapter, or an amendment thereto. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable provisions of this chapter, or an amendment thereto, where such use was lawfully in existence prior to the enactment of this chapter, or an amendment thereto.
NURSING OR RESIDENTIAL CARE FACILITIESA residential community designed to provided assisted living arrangements including nursing services, medical services and other health and continuing care services for person(s) aged 55 years and older.
OFFICE, BUSINESS AND PROFESSIONALA building, or portion of a building, in which administrative, clerical, financial, governmental or professional operations and services are performed by one or more members of a profession.
OPEN SPACEAny parcel or area of land or water, or a combination of land and water, within a development site that is free of nonrecreation-related improvements and impervious surfaces. Open space may or may not be designed or intended for the use and enjoyment of, and direct access by, residents of the development and shall not include areas devoted to buildings, structures, driveways, access drives, parking lots, street rights-of-way, and areas set aside for public facilities. Open space may include both active and passive recreation activities.
A. OPEN SPACE, ACTIVELand which is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts, and areas for water management (storm, waste, potable supply).
B. OPEN SPACE, PASSIVELand used for passive recreation, agriculture, resource protection, amenity, or buffers and protected from future development by the provisions of this chapter to insure that it remains as open space.
PARAPETThat portion of a wall which extends above the roof line.
PARENT TRACTA tract of land existing, as of the effective date of this chapter, within a specific setting or location, which could be subjected to future subdivision or land development proposals and approvals.
PARKA facility designed to serve the recreational needs of the residents of the community.
PARKING SPACEThe space within a building or on a lot or parking lot for the parking or storage of one motor vehicle off the right-of-way of a public street or road.
PERIMETER LANDSCAPED AREAA buffer area surrounding a parking lot on all sides and within which required landscaping can be installed.
PERSONAn individual, partnership, corporation, or other legally recognized entity.
PLANNING COMMISSIONThe Planning Commission of the Borough of Abbottstown, Adams County, Pennsylvania.
PLANTING UNITA unit of measure used to determine the quantity of plantings required in a residential, commercial, industrial, or other development project. For the purposes of this chapter, one planting unit (PU) shall equal:
A. One major deciduous tree; or
B. Three minor deciduous trees; or
C. Three evergreen trees; or
PORTICOA colonnade or covered ambulatory often found at the entrance of a building.
PRINCIPAL USEThe main or primary use of land or structures, as distinguished from an accessory use, as herein defined.
PRIVATEAny procedure, activity, or use limited to members of an organization or to persons specifically invited where no advertisement or inducement has been made to the general public.
PUBLICAny procedure, activity, or use in which the general public is or may be involved.
PUBLIC GROUNDSPublic grounds shall include:
A. Parks, playgrounds, trails, paths and other recreations areas and other public areas.
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
C. Publicly owned or operated scenic and historic sites.
D. Plazas, squares, courtyards, urban gardens and other public spaces.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa. C.S. CH. 7 (relating to open meetings).
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC TRANSPORTATIONTransportation service for the general public provided by a common carrier of passengers on a regular route basis.
PUBLIC UTILITYA use which is operated, owned or maintained by a public utility corporation and regulated by the Pennsylvania Public Utility Commission in accordance with the requirements of the Pennsylvania Public Utility Code, 66 Pa. C.S. 101 et seq., or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service, public sewer service, or similar services. A "public utility" shall not include cellular telephone transmission or receiving facilities and similar facilities of entities which are not governmentally owned and operated or are not regulated by the Pennsylvania Public Utility Commission.
QUOINUnits of stone or brick used to accentuate the corners of buildings.
RELIGIOUS INSTITUTIONA building, structure, or group of buildings or structures, designed, intended, and used for the assembly of individuals engaging in religious practices. This definition shall include, but is not limited to, churches, temples, chapels, cathedrals, synagogues, and mosques. This definition does not include educational or day-care facilities, but may include a rectory for one family.
RESTAURANTAn establishment, including a cafe, where food is prepared and available to the general public for a determined compensation.
RETAIL ESTABLISHMENTA commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
REVEALA continuous groove between adjoining plane surfaces.
RIGHT-OF-WAYThe area on, below or above a public roadway, highway, street, sidewalk, alley, utility easement or similar property. The term does not include a federal interstate highway.
[Amended 3-17-2022 by Ord. No. 2022-01]
A. EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the Commonwealth, or other appropriate governing authority, and currently in existence.
B. ULTIMATE RIGHT-OF-WAYThe right-of-way as shown on the Street Classification Map, as appropriate to provide adequate width for future street improvements.
SCHOOL, PRIVATEAny building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency.
SCHOOL, PUBLICAny building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which secures the major part of its funding from a governmental agency.
SELF-STORAGE FACILITYA building or group of buildings in a controlled access and fenced compound, and that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customer's goods or wares.
SEXUAL ACTIVITIESActivities including any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
C. Masturbation, actual or simulated.
D. Excretory functions, as part of or in connection with any of the activities set forth in this definition.
SHOPPING CENTERA grouping of four or more retail business and/or service uses planned and designed to function as a unit, and having off-street parking and a landscaping plan as an integral part of the unit.
SHRUBA low, multistemmed woody plant, whether evergreen or deciduous, with a mature height of no more than 15 feet.
SIGNAny device, fixture, placard, or structure that uses any color, form, graphic, illustration, symbol, or writing to advertise, announce, the purpose of, or to communicate information of any kind to the public.
SIGN, AWNINGAny sign that is painted on, applied to or attached to a structure made of cloth, canvas, or similar material which is affixed to and projects from a building on or near the front entryway of a business. A marquee shall not be considered a canopy.
SIGN, BILLBOARDAny sign that communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. Such signs shall not include off-premises directional signs, as defined herein.
SIGN, CANOPYA sign affixed to the visible vertical surface of an attached or freestanding canopy.
SIGN, DIGITAL MESSAGE CENTERA sign, or a portion thereof, where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically from a remote location without touching or physically altering the primary surface of the sign.
[Added 7-21-2016 by Ord. No. 2016-02]
SIGN, DIRECTIONALA sign located for the purpose of providing directions towards or indication of use not readily visible.
SIGN, DIRECTORYA type of freestanding or wall sign designed to identify the name and location of multiple occupants on the same lot, commercial or industrial in character, with or without an accompanying map, in order to aid in the internal pedestrian circulation within the lot.
SIGN, DRIVE-THROUGH MENU BOARDSA permanently installed sign affixed to a pole, post, or column, or to a wall of a principal building or accessory structure, consisting of a list of products and/or services offered for sale and/or pictorial displays of product offered for sale which may include the price of products and/or services, which list and/or pictorial display is posted on the premises of a business near the point of ordering.
SIGN, FASCIAA sign attached to, placed upon, or hung from any structure projecting from and supported by a building and which extends beyond the facade of the building (such as a canopy, an awning, etc.).
SIGN, FREESTANDINGAny sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
SIGN, OFF-PREMISES DIRECTIONALA sign, not including billboard signs as defined herein, located for the purpose of providing directions to a use not readily visible and not located on the lot where the sign is erected.
SIGN, PENNANT, FEATHER, STREAMER, FLAG AND INFLATABLEAny lightweight object made of plastic, fabric or other material, whether or not containing a message of any kind, designed to move in the wind. This definition shall not be construed to include government flags or insignias.
SIGN, PROJECTINGAny sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
SIGN, SANDWICH BOARDAn A-frame sign that is not permanently attached to the ground or other permanent structure.
SIGN, TEMPORARYA sign which placed on a lot and used only for a limited period of time, and including real estate signs advertising the sale or rental of the premises, contractor signs, yard or garage sale signs, and political signs.
SIGN, WALLAny sign attached parallel to, but within six 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. Such signs shall not include roof signs as defined herein.
SIGN, WINDOWAny sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
SMALL WIRELESS FACILITYThe equipment and network components, including antennas, transmitters, and receivers, used by a wireless provider that meet the following qualifications:
[Added 3-17-2022 by Ord. No. 2022-01]
A. Each antenna associated with the deployment is no more than three cubic feet in volume.
B. The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this subsection.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of Article
XIV of the Zoning Ordinance of the Borough of Abbottstown.
SPECIFIC ANATOMICAL AREASAreas including any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
STORYThat portion of a building, other than the basement (as defined), including between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STREETAn existing or platted way dedicated for the use of the general public, graded and paved or to be graded and paved, in order that the general public has the right to pass and to use it at all times, for the purposes of travel, transportation or parking to which it is adopted, devoted, and not otherwise restricted. Streets are further defined and classified as follows:
A. ARTERIALMajor regional highways, with full or partial access control, designed for a large volume of through traffic.
B. COLLECTORStreets designed to provide access between residential subcollector streets and arterial street. Access is controlled by limiting curb cuts and providing marginal access areas.
C. RESIDENTIAL SUBCOLLECTORStreets providing connection between local residential streets and collector street. An average daily traffic (ADT) count of up to 1,000 trips is expected.
D. LOCAL RESIDENTIALStreets used primarily to provide access to more heavily traveled streets for abutting properties in internally developed areas. An average daily traffic (ADT) count of up to 500 trips is expected.
E. RESIDENTIAL CUL-DE-SACA local residential street with only one vehicular traffic outlet. An average daily traffic (ADT) count of up to 250 trips is expected.
F. ALLEY/SERVICE STREETA minor way, whether or not legally dedicated, intended and used primarily for vehicular access to the rear or side of properties which abut on a street, and not intended for the purpose of through vehicular traffic, And be determined as such based on the dimensions of Article
V, Section 501.C for right-of-way and cartway no matter the naming convention used and frontage of structures shall be prohibited.
STREET RIGHT-OF-WAY LINEA line defining the edge of a street right-of-way and separating the street from abutting property or lots, commonly known as the "right-of-way line."
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease partition by the court for distribution to heirs of devisees, transfer of ownership, or of building or lot development; provided however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, or any residential dwelling, shall be exempt.
SWIMMING POOLAny permanent or temporary structure which is constructed, used, or maintained to provide recreational facilities for swimming, bathing, or wading, and including all buildings, equipment, and appurtenances thereto.
TAVERNAn establishment used primarily for the dispensing or sale of alcoholic beverages by the drink for on-site consumption.
TECHNICALLY FEASIBLEBy virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless facility.
[Added 3-17-2022 by Ord. No. 2022-01]
TERMINAL ISLANDA landscaped area constructed at the end of a row, or adjoining rows, or parking spaces within a parking lot.
TOWNHOUSEA series of three or more single-family dwelling units attached by one or more vertical common walls.
TOWNHOUSE COMMUNITYA residential development containing a group of townhouses developed on a single parcel of land and sharing common parking, recreation, and landscaping areas.
TWINSee Dwelling, Single-Family Semidetached.
UNIFORMITY RATIOA ratio indicating how evenly light is distributed across a surface.
USEAny purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.
UTILITY BUILDINGA temporary or permanent structure used primarily for storage or personal workshop and which shall not be used for storage of automobiles or other large motorized vehicles.
UTILITY FACILITYBuildings, other structures and equipment owned or operated by a public utility, as defined in 66 Pa.C.S.A. § 102 (relating to definitions), to provide service.
[Added 3-17-2022 by Ord. No. 2022-01]
UTILITY POLEA pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for co-location. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached.
[Added 3-17-2022 by Ord. No. 2022-01]
VARIANCERelief granted pursuant to the provisions of Article
XIV of this chapter, as amended.
VETERINARY OR ANIMAL HOSPITALAny building or portion of a building designed or used for the medical or surgical care and treatment of domestic animals. This use may exist on the same premises with a commercial kennel use, as defined in this chapter.
WAREHOUSING AND DISTRIBUTIONA building, or portion thereof, or buildings used or intended to be used primarily for the receipt, temporary storage, and redistribution of goods and/or materials that are to be sold retail or wholesale from other premises, or wholesale from the same premises; however, nothing in this definition is meant to exclude purely incidental retail sales in warehouses.
WATERCOURSEA stream of water, river, brook, creek; a channel or ditch for water whether natural or man-made.
WHEEL GUARDA formed concrete or synthetic material block shaped in the form of a street curb, permanently affixed to the parking lot surface, and placed to prevent the movement of vehicles beyond the delineated parking space area.
WIRELESS COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communication signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned and operated by any person or entity licensed by the Federal Communications Commission to operate such devices. This definition does not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
WIRELESS COMMUNICATIONS TOWERA structure, other than a building, but including monopole towers, self-supporting towers, or guyed towers, designed to be used to support wireless communications antennas.
WIRELESS FACILITYAs follows:
[Added 3-17-2022 by Ord. No. 2022-01]
A. Equipment at a fixed location that enables wireless service between user equipment and a communications network, including any of the following:
(1) Equipment associated with wireless services.
(2) Radio, transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies or comparable equipment, regardless of technological configuration.
B. The term includes a small wireless facility.
C. The term does not include any of the following:
(1) The structure or improvements on, under or within which the equipment is collocated.
(2) The coaxial or fiber-optic cables that are not immediately adjacent to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDERA person authorized by the Pennsylvania Public Utility Commission to provide telecommunications service in this commonwealth that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures but is not a wireless services provider.
[Added 3-17-2022 by Ord. No. 2022-01]
WIRELESS PROVIDERA wireless infrastructure provider or a wireless services provider.
[Added 3-17-2022 by Ord. No. 2022-01]
WIRELESS SERVICESServices, whether at a fixed location or mobile, using a licensed or unlicensed spectrum, provided to the public using wireless facilities.
[Added 3-17-2022 by Ord. No. 2022-01]
WIRELESS SUPPORT STRUCTUREThe term shall have the same meaning given to it in the Act of October 24, 2012 (P.L. 1501, No. 191), known as the "Wireless Broadband Collocation Act."
[Added 3-17-2022 by Ord. No. 2022-01]
YARDA space which is open to the sky and unoccupied by any building, structure or merchandise for display or sale, and which is located on the same lot with a building or structure.
YARD LINEA line drawn parallel to the corresponding lot lines at a distance specified for the required depth of yard in each respective case.
YARD, FRONTA yard on the same lot with a main building extending the full width of the lot, and situated between the lot line and the front building setback line.
YARD, REARA yard on the same lot with a main building, extending the full width of the lot and situated between the rear lot line and the required rear building line.
YARD, SIDEA yard on the same lot with a main building, situated between a side line and the corresponding building line, and located between the front yard and the rear yard.
ZONING MAPThe map establishing the boundaries of the zoning districts of the Abbottstown Borough Zoning Ordinance, which map shall be and is a part of this chapter.
ZONING OFFICERThe municipal official duly appointed by the Borough Council of the Borough of Abbottstown to administer and enforce the Zoning Ordinance of the Borough of Abbottstown.
ZONING PERMITA permit required by this chapter in a specific circumstance.