Next to or adjacent to, and includes the words "directly across from streets, natural features and rights-of-way."

A privately owned, constructed and maintained vehicular access from a public or private street to four or more off-street parking spaces or to at least one loading space.

See "building, accessory."

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

See "structure, accessory."

See "use, accessory."

A state of being side by side, next to, adjoining or abutting one to another.

For small wireless communications facilities, any similarly situated support structure within a 250-foot radius that is of the same design, construction, or use as the proposed structure. Adjacent structures may include, but are not limited to, utility poles and streetlight poles. The height of an adjacent structure is the vertical distance measured from the ground level to the highest point on a structure, not including antennae mounted on the tower and any other appurtenances.

An establishment having a significant or substantial portion of the value of its stock-in-trade or of the total items of its stock-in-trade (whichever is more inclusive) in books, films, magazines, devices, videotapes, novelties or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. This shall include, but not be limited to, materials that would be illegal to sell to minors under Pennsylvania state law.

An area or portion of a building for presenting motion pictures, slides or videotapes or disks or similarly reproduced images distinguished or characterized by an emphasis on depicting or describing specified sexual activities for observation by patrons therein. This shall include, but not be limited to, any theater that shows over a total of more than 14 days in any calendar year any one or multiple motion pictures that have received a rating of "X."

Any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service, during which time specified anatomical areas are displayed other than in the presence of health-care professionals licensed by the state or specified sexual activity occurs.

An adult bookstore, adult movie theater, adult outcall service, bathhouse, body-painting studio, cabaret and/or massage parlor.

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and 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 in by farmers or are consistent with technological development within the agricultural industry.

The cultivation of the soil for food products or other marketable products, including animal husbandry.

A public or private way affording only secondary means of access to the back or side of properties otherwise abutting on a street.

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.

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

An accessory use comprising either a closed-loop geothermal energy system, an accessory solar energy system, an accessory wind energy system, or an outdoor hydronic heating systems.

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.

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.

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.

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined herein. An antenna shall not include private residence-mounted satellite dishes or television antennae or amateur radio equipment including, without limitation, ham or citizen band radio antennae.

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.

A dwelling unit, 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.

An apartment created within a single-family dwelling, where said conversion is done without altering the exterior of the building except to provide improvements necessary to comply with the requirements of Chapter 196 of the Code, as well as other existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

A commercial 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 fewer such devices as an accessory use.

A self-propelled, free-moving vehicle, primarily for conveyance on a street or roadway.

See "vehicle body shop."

See "vehicle repair garage."

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.

An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner. A "medical practitioner," for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

The use and occupancy of a single-family detached dwelling for accommodating transient guests for rent in accordance with the other requirements of this chapter.

An earthen mound designed to create a visual and sound barrier between a use and adjoining properties, streets, and adjacent uses.

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 10 additional persons. There shall be a maximum number of five bedrooms and maximum number of three persons per room. At least one full bath shall be provided for use by the guests for every two rental rooms. 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.

Any establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

Any permanent place or establishment in which is offered or practiced the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature (body piercing) or the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent makeup, by the aid of needles or other instruments designed to touch or puncture the skin.

Shall include any individual or entity engaged by the Borough to perform building inspections.

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. The buffer yard may be a part of the minimum setback distance and shall be free of any principal or accessory building, parking, outdoor storage or any use other than open space.

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 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.

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 24 inches; bay windows not extending more than one story and not projecting more than five feet; and steps and balconies.

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 deck line of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.

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.

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 building in which the principal use of the lot is conducted.

Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily. 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.

A building used as offices and occupied by personnel to perform business, professional, administrative or clerical functions.

Includes such uses as banks, credit unions, loan and insurance agencies, utility offices, government, business and professional offices, medical or dental office facilities.

An open, semienclosed or enclosed structure in which people can stand or sit while waiting for a bus.

A club, bar, tavern, theater, hall or other establishment which includes dancers, entertainers or employees who display specified anatomical areas or who conduct performances distinguished or characterized by an emphasis on specified sexual activities.

A building open on two or more sides and used in conjunction with a dwelling for the storage of private motor vehicles.

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.

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.

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.

A line midway between and parallel to the two street or road property lines, or as otherwise defined by the Borough Council.

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.

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 the Zoning chapter.

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.

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.

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.

The mounting of one or more communications antennas on an existing communications tower, or on any structure that has been approved by the Borough to support at least one communications antenna.

Terms and pricing that are reasonably consistent with similar wireless communications facility leases and agreements within a fifteen-mile radius of the municipality.

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.

A use of land or improvements thereto for the purpose of engaging in retail, wholesale, or service activities for profit.

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

Any entity or person that applies for a communications facility building permit, zoning approval and/or permission to use the public right-of-way, Borough-owned land, or other property for the placement, modification, construction, or siting of wireless communications facilities.

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.

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.[1]

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.

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.

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.

See "lot, corner."

The County of Lancaster, Commonwealth of Pennsylvania.

See "lot coverage."

A street with a single means of entry and exit. A cul-de-sac has two parts, the stem and the turnaround.

A place where a minimum of three and a maximum of 40 children under the age of 12 are provided with full-time adult supervision while children are at the day-care center.

An exterior floor system composed of wood, man-made wood-like materials and/or other wood-like materials supported on at least two opposing sides by an adjoining structure and/or posts, piers or other independent supports and is designed for outdoor living purposes as an accessory use to a residential structure.

A municipal-owned pole that is specially designed and placed for aesthetic purpose and on which no appurtenances or attachments, other than a small wireless communications facility, lighting, or other municipal attachments have been placed or are permitted to be placed.

A measure of the number of dwelling units that occupy, or may occupy, an area of land.

The number of dwelling units per acre 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.

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.

A person with a development disability.

A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

See "kennel."

A privately owned and constructed vehicular access from a private or public street to three or fewer off-street parking spaces.

A site used primarily for the disposal by abandonment, dumping, burial, burning or other means and for whatever purpose of garbage, trash, junk, vehicles or parts thereof or waste material of any kind.

A metal storage receptacle used to temporarily store debris or garbage and which is then emptied of its contents or removed with its contents to a dump site.

A building containing three or more dwelling units. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of all dwelling units in a multiple-family dwelling shall comply with all of the requirements for that type of multiple-family dwelling in that district.

See "townhouse."

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.

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," the semidetached, single-family dwelling is on an individual lot, is connected on one side to a similar dwelling on an adjacent lot and is usually owner-occupied.

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."

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.

The authorization by a property owner of a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public 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.

A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.

An application for modification of an existing wireless communications facility that involves:

A condition that:

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.

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.

A person duly licensed as a professional engineer by the Commonwealth of Pennsylvania.

Uses that are clearly necessary for the preservation of public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. "Essential services" shall not include a central sewage treatment plant, a solid waste disposal area or facility, communications antennas, communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.

A multipurpose venue facility hosting special events such as graduations, anniversaries, holiday gatherings, trade shows, corporate functions or parties, concerts, and general get-togethers. An event center may include a catering kitchen, indoor and/or outdoor seating, and a stage or event area.

The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.

A single person occupying a dwelling unit and maintaining a household or two or more persons related by blood, marriage, adoption or foster relationship occupying a dwelling unit, living together and maintaining a common household, including not more than one boarder, roomer or lodger; or not more than five unrelated persons occupying a dwelling unit, living together and maintaining a common household; provided further, that a family shall also include any number of unrelated persons who reside within a licensed group home as defined herein. It is the express intention of this definition to comply with the Fair Housing Amendments Act of 1988, P.L. 100-430, 102 Stat. 1619.

A parcel of land of 10 or more acres used primarily in the raising or production of agricultural products, with the customary dwelling, farm structures, storage and equipment. Adjoining tracts, parcels or separately deeded properties which are owned and farmed integrally as part of the same farming operation shall be considered jointly as one farm.

Any place where two or more enterprises sell agricultural, horticultural and animal husbandry products.

Federal Communications Commission.

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.

A market, usually in open air, selling antiques, used household goods, curios and similar merchandise.

See Article VI of this chapter.

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.

See "habitable floor area."

The area of the public right-of-way directly in front of a structure, identified by drawing a perpendicular line from each corner of the structure to the public rights-of-way.

A building or structure for the private use of the owner or occupant of a principal building, situated on the same lot of the principal building for the storage of motor vehicles, with no facilities for mechanical service or repair of a commercial or public nature, and in which no occupation, business or service for profit is conducted.

A building designed and used for the storage of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

See "vehicle repair garage."

The cultivation of herbs, fruits, flowers, or vegetables, excluding the keeping of livestock.

A type of geothermal heating or cooling system, not designed or used for the generation of power, that utilizes a pressurized heat exchanger consisting of pipe, a circulating pump, and a water-source heat pump in which the heat transfer fluid is not exposed to the atmosphere. The heat transfer fluid is potable water and may have approved antifreeze added. There are two kinds of closed-loop systems:

A type of geothermal heating or cooling system that utilizes a water-supply well and a water pump to deliver groundwater to a water-source heat pump. The discharge water from the water-source heat pump may be returned to the subsurface through a recharge well or infiltration bed or may be discharged into a pond, lake or stream. A spring may also be the source of the ground water supply.

The Borough Council of Denver Borough, Lancaster County, Pennsylvania.

The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. Any greenhouse in which there are retail sales and/or items stocked for resale is a commercial use.

An assemblage of solar panels for the production of electrical energy mounted directly to the ground and not attached to a building which may constitute either a principal or accessory use of the lot.

A building operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap, which shall not include an institution such as a nursing home or rehabilitation center or personal care boarding home or a facility to which persons are referred by the juvenile or criminal justice system. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse; provided, however, that persons currently illegally using a controlled substance shall not be included. Group homes shall be licensed where required by any appropriate government agencies, and a copy of such license shall be delivered to the Borough prior to the beginning of the use. Group homes shall be subject to the same limitations and regulations by the Borough as any lawful dwelling unit, except insofar as and where such limitations and regulations would result in a tendency to perpetuate segregation of the handicapped in housing patterns, as substantiated by reasonable evidence provided to Borough Council. It is the express intent of this definition to comply with the Fair Housing Amendments Act of 1988, P.L. 100-430, 102 Stat. 1619.

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.

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.[2]

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based wireless communications facility, including antennae mounted on the tower and any other appurtenances.

The vertical distance measured from the ground level, including any base pad, to the highest point on a communications tower, including communications antennas mounted on the tower and any other appurtenances.

A building, site, object or district that is determined to be of local, county, state or national significance.

A plot of land used for the cultivation of vegetables or fruits and used solely by the property owner or occupant and not for resale.

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 the 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.

A nonprofit, private organization comprised of property owners within a cluster development or planned residential development, operating under commonwealth guidelines for the purpose of administering to the needs of residents and the maintenance of commonly owned property and improvements. All such associations shall comply with the requirements for unit owners' associations contained in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

A place for the diagnosis, treatment, or other care of humans and having facilities for in-patient care, including such establishments as a sanitarium, sanatorium and preventorium.

A building or group of buildings which contains six or more rental units for overnight lodging of travelers or for the temporary occupancy of transients, licensed under applicable laws.

Any portion of a lot covered by impervious surfaces.

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.

See "hotel."

Any discarded material or articles (including scrap metallic or nonmetallic items, abandoned vehicles and equipment, paper, glass, containers and structures). It shall not include refuse or garbage kept in a proper container for the purpose of prompt disposal.

Any land or structure where junk or salvage is discarded, bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled. Junkyard does not include those structures where used furniture or household equipment is stored, bought or sold, or those structures or land where automobiles not abandoned are stored, bought or sold. A junkyard also shall not include a solid waste disposal facility.

An enclosure or area (located outside a dwelling) which houses or is designed for keeping more than three birds or animals, six months in age or older; however, this does not include pet zoos or menageries.

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.

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.

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.

See "boardinghouse."

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.

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.

The percentage of the lot or property area covered by buildings or structures, excluding driveways, sidewalks, and other standard paved vehicular or pedestrian accessways.

A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

That portion of a lot extending along a street or road right-of-way line.

Any line dividing one lot from another lot, street or parcel.

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.

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.

Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather.

Any commercial establishment where a massage is available. A "massage" means the performance of manipulative exercises upon a human body by another person by rubbing, kneading, stroking or tapping with the hands or with a mechanical device. This shall not include activities conducted by a health-care professional licensed as such by the Commonwealth of Pennsylvania, nor shall it include the offering of massages as an accessory use to an exercise club, public or private primary or secondary school or publicly owned recreation use.

An area of land or building owned, leased or occupied by an association of persons, operated solely for a recreational, social, fraternal, religious, political or athletic purpose, whose activities are confined to the members and guests, and where no alcoholic beverages are served on the premises.

A parabolic reflector, together with any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna," used or intended to receive radio or electromagnetic waves from an overhead satellite.

Occupancy of a building for more than one use.

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.

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

A sectional, single-family dwelling, intended for permanent occupancy, contained in two or more units designed to be permanently joined into one integral unit, which arrives at a site complete and ready for occupancy except for assembly operations and construction of the necessary permanent foundation. For the purposes of this chapter, modular homes shall be treated the same as a conventional stick-built single-family dwelling.

See "hotel."

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]

Denver Borough, Lancaster County, Pennsylvania.

Any use owned or operated by the Borough or an authority created by the Borough.

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. A no-impact home-based business requires a zoning permit.

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.

A lawful sign that does not conform to the regulations of the district in which it is located.

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.

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 chapter or amendment to its location by reason of annexation.

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.

All non-tower wireless communications facilities, including but not limited to antennae and related equipment. Non-tower WCF shall not include support structures for antennae and related equipment.

See "day-care center."

A building containing sleeping rooms used by elderly persons who are lodged and furnished with meals, with or without nursing care. Unless otherwise specified, a nursing home shall be deemed to also include a convalescent home, rest home, life care community, or other similar use.

A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.

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.

The area of a lot unoccupied by principal or accessory structures, streets, driveways or parking areas; but includes areas occupied by walkways, patios, porches without roofs, playgrounds, outdoor recreation or play apparatus, gardens or trees. Detention ponds and retention ponds shall not be considered as open space.

A parcel or parcels of land or an area of water, or a combination of land and water, within a development site which is open space designed and intended for the use or enjoyment of residents of a development. Detention ponds and retention ponds shall not be considered as open space.

Areas, lands, properties, open spaces, or real estate that is legally protected or reserved for natural use, including, but not limited to, parks, recreational areas, and land within a conservation easement (unless telecommunications use permitted therein).

A fuel-burning device, also known as an outdoor wood-fired boiler, outdoor wood-fired furnace or outdoor wood-burning appliance, designed:

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.

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.

A common, shared wall between two separate structures, buildings, or dwelling units.

An area or courtyard constructed of impervious surface, such as concrete, pavers, stone or similar materials, which is not covered by a roof or permanent awning and is designed for outdoor living purposes as an accessory use to a residential structure. A patio with footers, for the purpose of this chapter shall be considered a structure which must comply with the applicable yard requirements of this chapter.

The Pennsylvania Department of Transportation or any agency successor thereto.

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 weather-tight joint on all four sides.

A document issued by the proper Borough authority authorizing the applicant to undertake certain activities.

Any natural person, association, entity, partnership, firm or corporation.

As defined by the regulations of the Pennsylvania Department of Welfare. It is the express intention of this definition to comply with the Fair Housing Amendments Act of 1988, P.L. 100-430, 102 Stat. 1619.

Includes such uses as barber shops, beauty salons, photographic studios, tailor, dress-making, millinery shops and dry cleaning / laundry drop-off points.

See "kennel."

See "plat."

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit.

A group of uses planned and designed as an integrated unit with controlled pedestrian ingress and egress.

The Denver Borough Planning Commission.

The map or plan of a subdivision or land development, whether preliminary or final.

Any freestanding structure located within the public rights-of-way, including but not limited to utility poles, streetlights, traffic lights and signage that may support, hold, or house wireless communications facilities, wireless accessory equipment, or related equipment.

A roofed or unroofed structure projecting from the front, side or real wall of a building.

A temporary dumpster, including, but not limited to, containers commonly known as "portable storage devices" or "PODS®."

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.

See "building, principal."

A design for a small wireless communications facility that has been reviewed and deemed to be in accordance with the design requirements herein and approved for construction by the municipality.

Not publicly owned, operated or controlled.

An active, registered professional engineer (P.E.), licensed as such by the Commonwealth of Pennsylvania.

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).

Includes the following:

The surface of and space above and below any real property in the municipality in which the municipality has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to: the total extent of land reserved or dedicated as a street way/alley/lane for public or private purpose; all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the municipality; any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the municipality. The phrase "in the public right(s)-of-way" means in, on, over, along, above and/or under the public right(s)-of-way.

Any structure used for the transmission or retransmission of a commercial radio or television broadcast signal.

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.

Reusable material, including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstruction for the purpose of using the altered form. Recyclable material dos not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with state requirements.

A center for the acceptance by donation, redemption or purchase of recyclable materials from the public.

A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end-user's specification, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

A person duly licensed as a professional engineer, surveyor, geologist or landscape architect by the Commonwealth of Pennsylvania.

Any structure or equipment at a fixed location, not including a tower, that enables FCC-licensed communications between a user and a wireless network.

One or more rooms intended to be occupied by one family as separate living quarters, but does not contain one or more of the following: sanitary facilities, kitchen facilities or direct access from the outside or through a common hall.

Includes such uses as radio, television and appliance repair shops, plumbing shops, carpenter shops, and shoe repair shops.

An independent, self-sufficient dwelling unit, with complete kitchen and bath facilities, which is either 1) entirely contained within a single-family dwelling unit and has direct access to the outdoors, 2) has a common hall with a single-family detached dwelling, or 3) is located within a detached garage. The definition is limited to occupancy by either an elderly, handicapped, or disabled person who is related by blood, marriage or adoption to the owners of the principal dwelling and only in a residential district.

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.

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.

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.

Includes such uses as variety stores, apparel stores, drugstores, grocery stores, eating establishments, antique shops, music shops, sporting good stores, and book, stationery, magazine, candy and tobacco shops.

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.

A residential dwelling or group of dwellings which may consist of a mixture of apartment or independent housing units and personal care, skilled care, or nursing care facilities in an environment which cannot be achieved through the use of conventional residential development. The facility serves persons who are a minimum of 50 years old. This type of development does not necessarily include convalescent or nursing facilities.

The total width of any land reserved or dedicated as a street, road, or other public or semipublic purposes.

See "boardinghouse."

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.

See "townhouse."

A private hospital, whether or not such facility is operated for profit.

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.

Any school licensed by the Commonwealth of Pennsylvania and which meets the requirements for elementary education.

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.

Any school licensed by the Commonwealth of Pennsylvania and which is authorized to award diplomas for secondary education.

The receiving of unprepared or unprocessed scrap, the segregation of this material into grades, and the production of finished metal products in specific sizes and physical configurations according to the specifications of steel mills, foundries and refineries, by manufacturing processes such as baling, shearing, shredding, or otherwise processing the unprocessed materials through the use of specialized machinery and equipment.

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.

A building or group of buildings containing separate storage spaces of equal or varying sizes, leased or rented on an individual basis.

Open to the public but owned, operated or controlled by a private, nonprofit or nonpublic agency.

The required horizontal distance or space between two or more objects (i.e., as in minimum separation distances between buildings in a multifamily development).

The horizontal distance from a lot line to the part of the building nearest to such a lot line.

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.

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 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; is used to announce, direct attention to, or advertise; and is visible from outside a building. Specific sign types are defined as follows:

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.

A sign consisting of two display areas placed back to back or joined along a common edge and is treated as having one sign area. If the display areas are joined along a common edge and the interior angle is greater than 45°, the structure shall be treated as having two sign areas.

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.[4]

A wireless communications facility that meets the following criteria:

A solar collection system consisting of one or more roof-mounted solar collector devices, including photovoltaic shingles, and solar-related equipment, which is intended to primarily reduce on-site consumption of utility power.

Include any of the following:

Include the following:

Camouflaging methods applied to wireless communications facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, alternative mounting structures, such as architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles, and light poles.

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.

A natural drainageway having defined bed and banks that supports aquatic life including, but not limited to, fish, reptiles and macroinvertebrates.

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.

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.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

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.

A modification to an existing wireless communications facility substantially changes the physical dimensions of a tower or wireless support structure if it meets any of the following criteria:

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 before the improvement or repair is started or, 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.

For the purposes of wireless communications, any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, upon or to which wireless communications facilities may be attached, approved by the municipality.

An area containing a swimming pool which is used by the public or by members for a fee.

A body of water or receptacle for water having a depth at any point or designed to be greater than 24 inches, which is primarily used or intended to be used for swimming or bathing. This shall include inflatable and bladder-type pools.

An establishment where alcoholic beverages are primarily sold to be consumed on the premises and which is not clearly primarily a standard restaurant.

By virtue of engineering or spectrum usage, the proposed placement for a wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the wireless communications facility.

Any dumpster used or intended as a disposal facility for construction, renovation or demolition projects, special events, seasonal use, or other purposes not permanent in nature.

A building or part of a building devoted to the showing of moving pictures or for dramatic, musical or live performances.

The cutting down and removal of trees and logs to be converted to any forest product.

A dwelling unit placed on a property for occupancy as a residential accessory dwelling unit with a habitable area of not less than 150 square feet and not more than 400 square feet, whether it is constructed with a foundation or on wheels. A tiny home shall be exempt from the minimum habitable floor area requirements of this chapter, and tiny homes shall comply with all requirements of § 200-50 respecting mobiles homes. A tiny home use is allowed as an accessory use in all residential districts where residential accessory uses and structures are allowed.

A self-supporting lattice tower, guy tower, monopole, or any other pole, that is constructed primarily to support an antenna for receiving and/or transmitting wireless service.

A tower and its supporting antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. Distributed antennae system hub facilities are considered to be tower-based WCFs.

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.

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.

The Denver Borough Uniform Construction Code.

A zoning district, or subarea thereof, in which all utility installations are required to be installed underground on a nondiscriminatory basis.

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 vehicle (regardless of size) designed to be towed behind a motor vehicle or truck. A utility trailer may be open on all four sides (with or without sideboards) or completely enclosed with doors, and have one or more axles. Utility trailers are commonly used for recreational purposes and for hauling of materials, whether man-made or natural, and whether public or private.

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.

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.

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.

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

Those areas that are inundated or saturated by surface- or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

A wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, which is intended to primarily reduce on-site consumption of utility power.

An accessory wind energy system that converts wind energy into electricity through the use of a wind turbine generator. It includes the nacelle, rotor, tower, and pad transformer, if any.

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "wireless accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of wireless service and any commingled information services.

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

Any person that applies for a wireless communications facility construction permit, zoning approval and/or permission to use the public rights-of-way or other municipal-owned land or private property.

Any person that owns or operates a wireless communications facility in the public rights-of-way or other municipal-owned land or private property.

For the purposes of wireless communications, any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, upon or to which wireless communications facilities may be attached, if approved by the municipality.

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 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).

The Zoning Hearing Board of and for Denver Borough.

The Zoning Map of Denver Borough adopted hereunder, together with all amendments thereto subsequently adopted.

The agent(s) or official(s) designated by Denver Borough to enforce the Zoning Ordinance of the Borough.