[Ord. 2-89, 4/4/1989, § 201; as amended by Ord. 6-2003, 9/2/2003, § 1; and by Ord. of 4/3/2012]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTThe relinquishment of property, or a cessation of the use of the property, by the landowner with the intention neither of transferring rights to the property to another landowner nor of resuming use of the property.
ABUTTINGHaving a common border with, physically touching, adjoining or contiguous, or being separated by a common property line, right-of-way, alley or easement.
ACCESSORY APARTMENTA second dwelling unit either in or added to an existing single family detached dwelling, or in a separate accessory building on the same lot as the principal building, for use as a complete, independent dwelling unit with provisions for cooking, eating, sanitation and sleeping. Such a dwelling unit is an accessory use to the principal dwelling use.
ACCESSORY USEA use incidental and subordinate to the principal use, located on the same lot with such principal use.
ADULT BUSINESSAn establishment open to the general public or a private club open to members, except minors, which is used and occupied for one or more of the following activities:
[Added by Ord. 1-2014, 1/6/2014]
A. ADULT BOOKSTOREAny establishment which derives a substantial and significant portion of its gross receipts from the sale, distribution or exhibition of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure, audiotape or videotape, or motion picture which is pornographic under the meaning ascribed to the word by this section and which expressly prohibits entry to minors.
B. ADULT THEATERAny establishment operated for the purpose of showing motion-picture films to patrons, whether such patrons observe the motion-picture film while seated in the interior of the building or while seated in automobiles, which derives a substantial and significant portion of its gross receipts from the exhibition of films which are pornography under the meaning ascribed to that term in this section and which expressly prohibits entry to minors unless accompanied by an adult.
C. MASSAGE PARLORAny establishment where any part of the patrons' bodies are massaged, caressed, stroked, pounded, rubbed or treated in a similar fashion by members of the opposite sex, whether or not such activity involves the use of oils, creams, liniments, ointments or similar substances.
D. NUDITYThe showing of the human male or female genitals or pubic area or buttocks with less than a fully opaque covering or the showing of a female breast with less than fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
E. OTHER ADULT USESAny establishment in which conduct, activity or the sale, distribution or exhibition of printed or drawn material which is pornography within the meaning ascribed to that work in this section is the source of a substantial and significant portion of gross business receipts, Such other adult uses shall include, but not be limited to, nude wrestling, male or female erotic dancers or strippers and escort centers.
F. SEXUAL CONDUCTActs of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
G. SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
ALLEYA minor right-of-way, whether private or ordained, whose primary purpose is to provide access to the rear of properties.
ALTERATIONA change, rearrangement, renovation or enlargement in the structural parts or exterior of a building or other structure.
AMUSEMENT ARCADEA building or part of a building where coin-operated amusement machines or devices are available to the public. This includes pinball machines, video games and similar gaming or amusement devices.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors, or assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary, tentative or final, required to be filled and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
APPROVED PRIVATE STREETA legally established right-of-way which provides the primary vehicular access to a lot and which has not been dedicated or deeded to the Borough, but still meets Borough and Pennsylvania Department of Transportation specifications and standards.
AREAThe extent of surface contained within the boundary lines of land or buildings.
AUTHORITYA body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."
BOARDAny body granted jurisdiction under any land use ordinance or under the Municipalities Planning Code, as amended, to render final adjudications.
BOARDING, LODGING OR ROOMING HOUSEA private dwelling in which rooms are offered for rent, whether or not table board is furnished and in which no transients are accommodated and no public restaurant is maintained.
BOROUGH COUNCILThe elected council of the Borough of Biglerville, Adams County, Pennsylvania.
BUFFER STRIPAny lot area of finite width, reserved or set aside for the purpose of physical or visual separation of that lot from an adjoining use.
BUFFER ZONEAny peripheral area of a finite width, reserved or set aside for the purpose of physical or visual separation of a given development comprised of more than one lot, building or unit; whether residential, commercial or industrial from an adjoining use.
BUILDINGAny structure enclosed within exterior walls, built, erected and framed of component structural parts, designated to house, shelter or enclose: individuals, animals or property of any kind. For the purpose of this Chapter, "building" shall include bus shelters, lean-to's, and other structures having less than four sides.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building.
BUILDING COVERAGEThe horizontal area measured within the outside limits of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING HEIGHTThe vertical distance measured from the average elevation of the finished grade at the two front corners of the building to the highest point of the roof, chimneys, spires, solar collectors and other similar projections shall not be used in calculating the height of a building.
BUILDING, PRINCIPALA building in which is conducted the principal or main use of the lot on which it is situated.
BUILDING SETBACK LINEAn established line within a lot or property defining the minimum required distance between the face of any structure to be erected and an adjacent right-of-way or street line.
CARTWAYThe portion of a street right-of-way usually paved, that is intended for vehicular traffic.
CHANGE OF USEThe alteration of a building, structure or land in such a manner that the use, and therefore the regulations governing that use, are changed.
CLUBAn establishment operated by an organization for social, recreational, educational and fraternal purposes, but open only to members and their guests.
COMMERCIAL OFFICEAn occupation, employment or enterprise that is carried on for profit by the landowner, lessee or licensee in an office room or building.
COMMON OPEN SPACEA parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use of enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions of this chapter. Such approval may be subject to express standards and criteria or additional conditions and safeguards as are deemed necessary by Borough Council.
[Amended by Ord. 1-2014, 1/6/2014]
CONSTRUCTIONThe erection, alteration, repair, renovation, expansion, extension or relocation of a building or other structure, including the reconstruction of damage and the placement of mobile homes.
CONVENIENCE STOREAny retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same.
COTTAGE INDUSTRYThe production or creation within a dwelling unit, of a product intended to be sold either at wholesale or retail value, on the same premises or elsewhere, provided that such production is incidental or secondary to the residential use of that dwelling.
COUNTYAdams County, Pennsylvania.
DECISIONFinal adjudication of the Board granted jurisdiction under this Chapter either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Adams County and judicial district wherein Biglerville Borough lies.
DEDICATIONThe deliberate appropriation of land, by its owner, for any general and public or limited public use and reserving to himself no other rights than those which have been granted to the general public by his dedication.
DETERMINATIONFinal action by an officer, body or agency charged with the administration of any land use ordinance (Chapter
22, "Subdivision & Land Development" and this Chapter
27, "Zoning") or applications thereunder, except the following:
B. The Zoning Hearing Board.
C. The Planning Committee, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under Chapter
22, "Subdivision & Land Development." Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission of such landowner, who makes or cause to be made, a subdivision of land or a land development.
DEVELOPMENT PLANThe provisions of development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use of density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this act shall mean the written and graphic materials referred to in this definition.
DRIVEWAYThe vehicular method of entrance or exit from street to a lot.
DWELLING UNITOne or more rooms having cooking and sanitary facilities and access directly outdoors or through a common entrance hall.
C. CONVERSION UNITExisting residential structure which has been modified structurally in such a way as to convert it from one dwelling unit to multiple dwelling units.
D. SEMIDETACHED UNITA residential structure containing two single dwelling units having one common wall; also known as a duplex.
E. ATTACHED, ROW OR TOWNHOUSE UNITA residential structure containing three or more dwelling units which are separated from each other by two common walls, except for the end units.
G. CONDOMINIUMA given set of dwelling units, each of which is owned by an individual person or persons in fee simple, and which is assigned a proportionate interest in all common elements, as set forth in the "Uniform Condominium Act," act of the General Assembly of July 2, 1980, P.L. No. 82, Section I, as amended and supplemented.
EASEMENTA right granted for the use of private land for a certain public purpose; also the land to which such right pertains.
ESSENTIAL SERVICESThe construction, alteration or maintenance by public utilities, the municipality or other governmental agencies of underground or overhead gas, electric, steam and water transmission or distribution systems, sanitary and storm sewer systems including buildings, enclosures, wells, pumping stations, poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by such public utilities or municipality or other governmental agencies.
FENCEAny structure erected for the purpose of screening, enclosing or protecting property, ensuring privacy or prohibiting entrance by unauthorized persons.
GENERAL SERVICEServices rendered to the public including, but not limited to, catering, management, employment; except health care and automotive repair.
GOVERNING BODYThe Council of Biglerville Borough, Adams County, Pennsylvania.
HAZARDOUS OR CONTROLLED MATERIALSA solid waste or substance, or a combination of wastes of materials with concentration or physical, chemical or infectious characteristics, may:
A. Cause, or significantly contribute to an increase in mortality or morbidity in either an individual or the total population.
B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
HEARINGAn administrative proceeding conducted by a board pursuant to § 909.1 of the Pennsylvania Municipalities Planning Code (see § 27-1305(1)(2), "Other Board Functions," of this Chapter).
HOME OCCUPATIONAny lawful occupation or use conducted within a dwelling unit which is incidental or secondary to the residential use of that dwelling unit and the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling.
IMPERVIOUS COVERAGEThe placing of structures or material so as to prohibit the passage or entrance of water or other liquid into the soil.
JUNKAny discarded materials, machinery, scrap metals, articles or objects possessing value in part, gross or aggregate including, but not limited to, scrapped motor vehicles or parts thereof and vehicles which are inoperable and do not have a current, valid inspection as required by the motor vehicle laws of the Commonwealth of Pennsylvania, but not including garbage or other organic waste or farm machinery used in connection with bona fide farm operation.
JUNKYARDA lot or structure, or part thereof, used primarily for the collection, storage and sale of junk.
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 building, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(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. Excluded from this definition are the following:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subclause, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
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 a proprietary interest in land.
LAND USE ORDINANCEAny ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI and VII of the Municipalities Planning Code.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAThe area contained within the property lines of a lot excluding the area within any street right-of-way, but including the area of any easement.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets.
LOT, DEPTH OFThe average horizontal distance between the front and rear lot lines.
LOT COVERAGEThat portion of the lot that is covered by buildings and structures.
LOT OF RECORDA lot which has been recorded in the Office of the Recorder of Deeds of Adams County, Pennsylvania.
LOT WIDTHThe horizontal distance between the side lines of a lot measured at right angles at its depth along a straight line parallel to the front lot line at the minimum required building setback line.
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.
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 again of 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 LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenance necessary for the erection thereon of a single mobile home.
MOBILE HOME PARKA 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.
MUNICIPAL AUTHORITYA body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the Municipality Authorities Act of 1945.
MUNICIPAL ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Borough Engineer.
NONCONFORMING LOTA 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 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 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 conforming 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 use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence 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.
OUTDOOR STORAGEThe keeping in any unroofed area of any goods, junk material, merchandise or vehicles in the same place for more than 24 hours.
PERSONA profit or nonprofit organization, corporation, institution, firm, association, partnership, company, individual or other entity.
PERSONAL SERVICESServices rendered to the public including, but not limited to, hair care and beauty, health and fitness, personal security, modeling, grooming or behavior training and private instruction.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
PORNOGRAPHICAppealing to the prurient interest, as in pornographic materials. Materials described as pornographic may be literature, books, magazines, pamphlets, newspaper, story paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other material which:
[Amended by Ord. 1-2014, 1/6/2014]
A. Depicts or describes, in a patently offensive manner, sexual conduct, sexual excitement or sadomasochistic abuse or (in the case or articles or instruments) is designed to intended for use in achieving artificial sexual stimulation.
B. Taken as a whole, appeals to the prurient interest.
C. Taken as a whole, does not have serious literary, artistic, political or scientific value.
PROFESSIONAL OFFICEThe use of office space or buildings for professional services as those that are provided by doctors, dentists, lawyers, architects, engineers and others entitled to practice a profession under the laws of the Commonwealth of Pennsylvania.
PUBLIC GROUNDSIncludes:
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.
C. Publicly owned or operated scenic or historic sites.
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 the Pennsylvania Municipalities Planning Code; an administrative proceeding conducted by the Board pursuant to its exclusive jurisdiction to hear and render final adjudications in accordance with § 909.1 of the Pennsylvania Municipalities Planning Code.
PUBLIC MEETINGA forum held pursuant to public notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act.
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.
RECREATIONAL VEHICLEA mobile vehicle which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
RENEWABLE ENERGY SOURCEAny method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes.
[Amended by Ord. 1-2014, 1/6/2014]
REPORTAny letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by same rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RESTAURANTAn establishment that serves food and beverages primarily to persons seated in a building.
SCREENINGThe method by which a view of one site from an adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms, plantings or similar devices.
SERVICE STATIONAny business enterprise where gasoline and other petroleum products are sold and light maintenance activities such as engine tune-ups, lubrication, minor repair and cleaning are conducted. This does not include major maintenance activities such as engine overhauls, painting and body work.
SETBACKThe distance between the street right-of-way line and the front line of a building or any projection thereof.
SIGNAny device or representation used as, or for, announcement, direction, publicity or advertisement for any purpose on or off the premises, including interior lighted signs which are visible from the street.
SIGN, TEMPORARYAny sign meant to remain in place for a period of six months or less.
SPECIALTY SHOPRetail store catering to unusual market segments and adapted to a theme of small scale establishments such as boutique and craft shops.
STORM DRAINAGE PLANA plan showing all present and proposed grades and facilities for stormwater management.
STORYThat portion of any building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling over it.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE, TEMPORARYAny structure which meets one or more of the following criteria:
A. Having no fixed location on the ground.
B. Having no permanent foundation or intended use.
C. Intended for use and/or placement for a period of less than six months.
| Such temporary structures shall include, but need not be limited to, tents, display buildings, and amusements. |
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 or devises, transfer of ownership or 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 exempted.
VARIANCERelief granted pursuant to the provisions of this Chapter.
YARDAn unoccupied space other than a court open to the sky on the same lot with a building or structure.
YARD, FRONTAn open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street right-of-way line and the front line of said building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the principal building and shall not project into a required front yard.
YARD, REARAn open unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of said building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building. The principal building shall not extend into the required rear yard.
YARD, SIDEAn open unoccupied space on the same lot situated between the principal building and the side line of the lot, and extending from the front yard to the rear yard. Any lot line not considered a front line or a rear line shall be deemed a side line. The principal building shall not extend into the required side yards.
ZONING DISTRICTA classification for all surface land areas, buildings and lots within certain designated boundaries as indicated on the Zoning Map.
ZONING MAPThe map containing the Zoning Districts of Biglerville Borough, Adams County, Pennsylvania together with all amendments subsequently adopted.
ZONING OFFICERThe appointed administrator and enforcement agent of the Zoning Ordinance of Biglerville Borough, Adams County, Pennsylvania.
ZONING PERMITA permit, granted by the Borough or its official representative, giving permission for a specific use which shall be specified in the permit. Such permit shall be in addition to a Borough building permit and shall again be required with any subsequent change in use of lot or structure.