When used in this chapter, the following words, terms, and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise.
A public or private thoroughfare that affords a means of access to an abutting property, parking area, or street and that has a width in accordance with the applicable municipal standard details, but in no case shall be less than 20 feet in width. An access drive shall not be considered a driveway.
A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.
A use customarily incidental and subordinate to the principal use of the land located on the same lot as the principal use.
Applies to structures not initially designed for permanent residential use and former public, semipublic and other large buildings (including schools, churches, armories, and other civic structures) which lie within a permitted zoning district within the Borough with the express purpose of encouraging the adaptive and flexible reuse of such buildings.
Property that is contiguous with the boundaries of any side of the subject property. Note: Properties separated by a roadway are not considered to be adjacent because they are not contiguous.
Any commercial establishment including, but not limited to the list below. All types of sexually oriented businesses are provided for by this land use classification within the land use chart.
Types of sexually and adult oriented businesses:
Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, videos, or other image-producing devices are maintained, not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A retail-type establishment that sells the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM or DVD discs or other computer software, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant, or another commercial establishment which regularly features:
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Films, motion pictures, video cassettes, DVDs, slides, or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
An enclosed building or structure offering video presentations or other visual media distinguished or characterized by an emphasis or matter depicting, describing, or relating to "sexual activities" or "nudity," as defined herein, for observation by patrons within private viewing booths.
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions or visual presentations of any kind are regularly shown which is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary businesses for a fee, tip, or other consideration.
Any place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietor school licensed by the Commonwealth of Pennsylvania or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure and no other advertising that indicated a nude or seminude person is available for viewing.
Where in order to participate in a class, a student must enroll at least three days in advance of the class.
Where no more than one nude or seminude model is on the premises at any one time.
The portion of the parking lot devoted to providing immediate access to the parking stalls. The recommended aisle width is dependent of the parking angle.
A passage of way open to public travel which affords generally a secondary means of vehicular access to abutting lots and is not intended for general traffic circulation.
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another, or any change in use from that of one zoning district classification to another. Also, a change in a building, electrical, gas, mechanical, or plumbing system that involves the extension, addition, or change to the arrangement or type of purpose of the original installation that requires a permit.
Any change in the support members of a building such as bearing walls, columns, beams, or girders; changes in the means of ingress and egress; enlargement of floor area or height of a structure; or relocation of a structure from one position to another.
The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location without extreme atmospheric conditions such as wind greater than three meters per second or precipitation and then adjusting the noise level to eliminate any noise associated with existing developments or facilities.
Any addition, deletion or revision of any part of the text or zoning map officially approved by the Borough Council after public hearing.
A 1990 federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services.
Any mechanical, electrical, or electromechanical device, machine or apparatus used for the playing of games and amusements, which devices or apparatus are commonly known as "pinball machines," "video games," and "jukeboxes," or upon which games are played, or any device on which music is played after the insertion therein of a coin or other disc, slug, or token, or for which fees are paid to an attendant.
A facility that cares for domestic animals for less than 12 consecutive hours in the absence of the pet's owner or a facility that provides training for domestic animals with or without the facility owner receiving compensation for such services. Animal day cares do not include medical or surgical treatment or overnight boarding facilities.
A retail establishment that provides bathing, trimming, and grooming services for small domestic animals on a commercial basis. An animal grooming facility does not include medical or surgical treatment or overnight boarding facilities.
An establishment where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use or temporary boarding during treatment. Animal hospitals and veterinarians do not include kennel services.
The American National Standards Institute.
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" as defined in this section.
A landowner or developer who has filed an application for development, permit, or approval pursuant to this chapter, including his heirs, successors, and assigns.
Every application, whether preliminary, tentative, or final, required to be filed 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.
An architect registered by the Commonwealth of Pennsylvania. See "registered professional."
An area of a property within a required front yard where a porch or deck can be built so long as it is not intended for occupancy.
The entire area of ground covered by the permitted structure including, but not limited to, covered porches and breezeways. The architectural footprint is exclusive of patios, decks, and exterior walkways.
The total area of the lot or lots comprising a site.
A structure, or part thereof, devoted to the exhibition of visual works of fine art. Art galleries generally include accessory services, such as the sale or purchase of displayed works, custom framing, or encasement of art works and services related to art appraisal, display, preservation, or restoration.
A 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."
A building(s), premises, or portions thereof, which are used, arranged, designed, or intended to be used for the retail sale of gasoline or other fuel for motor vehicles. This land use classification shall include electric recharge stations for electric motor vehicles. Gas stations may include the operation of a convenience food store in conjunction with the retail sale of petroleum products. Gas stations may sometimes also be located with a vehicle repair and service use, but only when the vehicle repair and service use is also allowable in the Zoning District.
Banks, savings, and loan associations, and similar institutions that lend money or are engaged in a finance related business.
That portion of a building which partly or completely has a floor below grade.
A fire or light set up in a high or prominent position as a warning, signal, or celebration.
An owner-occupied dwelling that contains not more than four guests rooms/sleeping rooms in which lodging, long or short-term, is provided for compensation and in which meals for lodgers may also be provided. This use shall not include group homes.
Structural and non-structural environmentally sensitive design approaches to stormwater management as defined with the Pennsylvania Stormwater Best Management Practices Manual.
See the definition provided under "signs" in this section.
The American National Board of Fire Underwriters responsible for establishing the set of regulations governing the construction and installation of electrical wiring and apparatus in the United States and as issued by the National Electrical Code and administratively sponsored by the National Fire Protection Association.
A building other than a hotel, motel, short-term rental, or bed and breakfast where lodging is provided for compensation.
The Borough of Dover, York County, Pennsylvania.
The Borough Council of Dover Borough, York County, Pennsylvania.
A freestanding support structure, attached antenna, and related equipment intended for transmitting, receiving, or re-transmitting commercial television, radio, telephone, cellular, or other telecommunication services.
A landscaped area of a certain depth specified by this chapter which shall be planted and maintained in trees, ground cover, shrubs, bushes, or other natural landscaping material or an existing natural or constructed natural barrier which duplicates the effect of the required bufferyard.
The line which defines the placement of the building from the street on which the building fronts, measured from the ultimate street ROW. The build-to line of the building typical forms the street wall line. On a corner lot, the build-to line is located on each side of a lot abutting a street.
The process by which sensitive natural resources are inventoried and net buildable area is calculated.
A roofed structure, whether or not enclosed by walls, to be used for shelter, enclosure, or the protection of persons, goods, materials, or animals.
The Unified Construction Code of Pennsylvania adopted and as amended by the Borough.
That portion of any exterior elevation on the building extending from finished grade to top of the parapet, wall, or eaves and the entire width of the building elevation.
The wall of the building where the principal entrance is located, usually fronting on a public street.
A permit for activities regulated by the Uniform Construction Code and in accordance with the applicable municipal Construction Standards, as amended, including construction, alteration, repair, demolition, or an addition to a structure.
The line of that face of the building nearest the front line of the lot. This face includes sun parlors, covered porches, and covered patios, whether enclosed or unenclosed, but does not include steps.
The line of that face of the building nearest the rear line of the lot. This face includes sun parlors, covered porches, and covered patios, whether enclosed or unenclosed, but does not include steps.
The line of that face of the building nearest the side line of the lot. This face includes sun parlors, covered porches, and covered patios, whether enclosed or unenclosed, but does not include steps.
The building or buildings on a lot in which the principal use or uses are conducted.
A commercial establishment which provides services primarily to business establishments on a fee or contract basis, such as advertising and public relations, management and consulting services, security and maintenance services, equipment rental/leasing, document reproduction and related services, and computer and data processing services.
A property, under single ownership, upon which two or more campsites are located, established, or maintained for occupancy by camping units as temporary living quarters for recreation, education, or vacation purposes.
A permanent, freestanding roofed structure without walls and not intended for human shelter.
The carwash land use classification includes the related facilities and operations listed below.
Car wash types:
A structure where chains, conveyors, blowers, steam cleaners, or other mechanical devices are used for the purpose of washing motor vehicles and where the operation is generally performed by an attendant.
A structure where washing, drying, and polishing of vehicles is generally on a self-service basis without the use of chain conveyors, blowers, steam cleaning, or other mechanical devices.
Any premises in which food, shelter, assisted living services, assistance or supervision, and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency, or medication prescribed for self-administration.
A single-family dwelling licensed by the York County Area Agency on Aging and conducted in accordance with Commonwealth regulations in which a supervised living arrangement in a homelike setting for a period exceeding 24 consecutive hours is provided to no more than three clients who are not relatives of the operator and who need supervised, protective living arrangements but not skilled nursing care or hospital care.
Residential dwelling units that restrict the minimum age of residents within the community or residential development. Independent living facilities include, but are not limited to, active adult communities, retirement communities, or 55+ communities composed of non-multi-family dwelling units.
A corporation or association or other business entity that, in exchange for the payment of entrance and monthly fees, provides:
Residential accommodations meeting the minimum standards for residents set forth by law and ordinances and providing a design to meet the physical, social, and psychological needs of older people;
Medical and nursing care covering, under ordinary circumstances, the balance of a resident's life;
Prepaid medical consultation opportunities through independent professionals selected by the organization or through some equivalent arrangement; or
Financial self-sufficiency, not dependent on outside support to any significant degree, with entrance and monthly fees adjusting to meet changing costs.
An institution licensed by the commonwealth for the care of human patients requiring either skilled nursing or intermediate nursing care or both levels of care for a period exceeding 24 hours.
A single family dwelling licensed by the appropriate state agency and conducted in accordance with federal and state regulations providing health related care and service on a regular basis to four or more persons who are resident individuals and who do not require hospital or skilled nursing care, but who, because of mental, physical conditions, or age require the services under a plan of care supervised by licensed and qualified personnel.
A multi-family dwelling facility intended for senior citizens. Typically, each person or couple in the home has an apartment-style room or suite of rooms.
A detached accessory structure that includes private parking area(s) for the storage of one or more vehicles. A carport may be covered by a roof supported by columns or posts and has no more than three walls. An attached carport is an extension of the principal building and subject to the related building codes and zoning regulations of the permitted principal use. See also "garage, private" in this section.
That portion of a street ROW or alley that is surfaced for vehicular or other traffic use, excluding shoulders and berms; the portion(s) between curbs where curbs are used.
A location that prepares food for delivery and consumption at a remote site. Catering operations, when authorized, may sometimes be located in conjunction with an events venue. As a land use classification, catering only includes food preparation.
A facility that provides a location for a planned occasion or activity such as a wedding, reunion, graduation, or other social gathering. Event halls, when authorized, may sometimes include a catering use.
A space having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the number of stories or building height.
Any site containing at least one burial, marked or previously marked, dedicated to and used or intended to be used for the permanent interment of the human dead, including perpetual care and non-perpetual care cemeteries. This land use classification includes mausoleums and columbaria but not crematoriums.
An appeal brought by a party aggrieved by any regulation of this chapter or its map on the grounds that the regulation in question prevents him reasonable use of property in which he has an interest or downgrades the value of such property.
See "place of worship" in this section.
An area of unobstructed vision at the intersection of two streets or the intersection of a driveway with a street, measured at the height of a driver's eye, which is assumed to be 3.75 feet above the road surface, between points at a given distance from the intersection of the center lines of the two streets or of a street and driveway as specified in this chapter and the SALDO, intended to allow the operators of vehicles approaching simultaneously to see each other in time to prevent a collision. Any obstruction that impedes line-of-sight should be removed upon notification from the Borough. Further, a triangular area of unobstructed vision as defined by PennDot Publication #70M: Guidelines for the Design of Local Roads and Streets.
Buildings and related facilities owned and operated by an individual or a group of individuals established for fraternal, social, educational, recreational, or civic benefits of members, and not primarily for profit. Access to facilities is typically restricted to members and their guests.
A development design technique used in PRDs that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally sensitive areas.
The mounting of one or more wireless communication facility (WCFs), including antennae, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.
Any structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals through the air and that does not meet the definition of a "standard antenna." Commercial communications antennae shall include, but are not limited to, antennae used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to retransmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. This term shall not include a "standard antenna."
Any building, premises, and land in which or upon which a business, service, or industry performs or renders a service involving the maintenance, servicing, repair, or painting of a commercial motor vehicle. Commercial motor vehicles are those vehicles that have a GVWR in excess of 33,000 pounds and generally require a commercial driver's license to operate. Related land use classifications include: "vehicle repair garage," "bus or truck maintenance facility," and "heavy equipment repair." See also "supply yards" with regards to equipment sales.
For purposes of this chapter, a commercial vehicle shall include any of the following:
Any vehicle with a state gross vehicle weight rating (GVRW) of more than 11,000 pounds or classified as a Class 5 vehicle or higher under the Pennsylvania Vehicle Code.
Any part of a tractor-trailer combination, without regard to GVRW.
Any dump truck, utility vehicle or utility truck, school bus, or school vehicle with a GVWR in excess of 11,000 pounds.
Any construction or industrial equipment of any kind, including but not limited to any crane, backhoe, front loader, "Bobcat," skid steer loader, or the like, without regard to GVRW.
Chippers, dozers, excavators, forklifts, graders, landscaping and lawn mower trailers, pavers, and snowplows operated or used for a commercial purpose without regard to GVRW.
Any vehicle with a mechanical bucket or permanently mounted equipment, such as aerial bucket or platform, welding equipment, mechanical or hydraulic devices used or designed to assist in loading and unloading freight, without regard to GVRW.
Any vehicle with a tandem axle or any vehicle which as more than two axles, without regard to GVRW.
Any trailer that is designed or used, in whole or in part, for a commercial purpose, without regard to GVWR and without regard to the length of the trailer, including but not limited to construction, landscaping or for the transportation of passengers or merchandise, equipment, supplies, tools, freight, vehicles or animals, but excluding specifically any trailer which is used solely for home utility, recreational or other personal and noncommercial use.
Any tow truck, wrecker, or flatbed truck operated or used for the transport of vehicles, without regard to GVRW.
Other motor vehicles, including but not limited to buses, semitrailers, step-vans, box trucks, panel trucks, flatbed and stake-bed trucks, bucket trucks, cement mixers, tank trucks, tractors for semitrailers, trucks with rollback beds, trucks with utility bodies as well as any other similar vehicles.
Any trailer or semitrailer used for transporting landscaping or lawn-care equipment, whether or not such a trailer or semitrailer is attached to another vehicle.
Any motor vehicle, trailer, or semitrailer containing debris, construction materials, or equipment intended for a commercial or business use, whether in the open or covered by a removable material or fabric.
Any vehicle or motor vehicle carrying commercial freight in plain view.
Any vehicle having a total length in excess of 22 feet.
A 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 or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities, whether privately or publicly-owned.
The Commonwealth of Pennsylvania.
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 omni-directional or whip antennas and directional or panel antennas, owned or operated by any person or entity required to be 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.
An analysis of past trends affecting future development of the Borough and neighboring Dover Borough and a proposal of recommendations, based on analysis of the trends to cope with projected growth and change. This shall refer to the, "Dover Implementable Comprehensive Plan - Common Ground."
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet.
The erection, renovation, repair, extension, expansion, alteration, or relocation of a building, structure, or site improvements including the placement of mobile homes.
The Construction Codes, as adopted and amended, and as found in respective Code of Ordinances for the Borough. Any reference to "Building Code" shall be interpreted to mean the Construction Code.
The plans and specifications for building infrastructure and other defined systems and/or facilities in the Borough as outlined in their respective adopted Minimum Construction Standards, as amended.
A retail establishment offering for sale a limited selection of goods such as food products, household items, and other goods commonly associated with the same and generally having a gross floor area of less than 10,000 square feet. Convenience stores may sometimes be located in conjunction with a gas/fuel station use but only when the gas/fuel station use is also allowable in the Zoning District.
See "dwelling types" in this section.
The County of York, Pennsylvania.
The York County Planning Commission.
A facility, licensed by the Commonwealth of Pennsylvania, located within a building which is not used as a dwelling unit, for the care of the elderly and/or functionally impaired adults for a portion of a twenty-four-hour day.
A facility, licensed by the Commonwealth of Pennsylvania, located within a building which is not used as a dwelling unit, for the care of children under the age of 16 for a portion of a twenty-four-hour day. This land use classification includes nursery schools which provide daytime care and/or instruction for two or more children of preschool age.
An accessory use in which care is provided pursuant to approval of the Pennsylvania Department of Public Welfare, for children under the age of 16 who are unrelated by blood or marriage to all owners of the premises and to all owners and operators of the family child day care home operation being conducted on the premises. Provided, further, that the premises wherein the family child day care home operation or business is located must be the full-time bona fide residence of the owner of said operation or business and said premises must be in compliance with all applicable provisions and requirements of the most recent editions of the Building Code, Residential Code, and Fire Code, as adopted by the Borough, and the Rules and Regulations of the Pennsylvania Department of Public Welfare relating to family child day care homes, and any other applicable law, ordinance, or regulation.
A unit of measurement of the intensity (loudness) of sound. Sound level meters which are employed to measure the intensity of sound are calibrated in decibels (dBa).
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this act to do so, 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 York County and the judicial district wherein the municipality lies.
A freestanding or attached accessory structure to a dwelling which is constructed of natural or synthetic wood, either on or above the ground, without a roof or awning, and with flooring that is not completely impervious, and which may include steps or railings.
A parcel of land integrated within a subdivision or land development that is dedicated, either publicly or privately, specifically for use as a park, open space, and/or active recreation area.
A measure of intensity of residential development, usually the number of dwelling units per acre of land exclusive of public streets, ROW and grounds.
The final action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder except the Borough Council; the Zoning Hearing Board; the planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the SALDO or PRD provisions.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made an application for land development, a subdivision of land, permit, or approval pursuant to this chapter.
See "land development" in this section.
The provisions for development, including a PRD and PNRD, a plat of subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space, and public facilities. Such provisions shall be prepared by a surveyor, engineer, or architect and drawings associated with such provisions shall be drawn at a scale no greater than one inch equals 100 feet.
An establishment for distilling, especially for distilling alcoholic liquors. No products produced by the distillery shall be sold and/or consumed on the premise.
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
A center for a set of products in a warehouse or other specialized building, often with refrigeration or air conditioning, which is stocked with products or goods to be redistributed to retailers, to wholesalers, or directly to consumers. A distribution center is a principal part, the order processing element, of the entire order fulfillment process.
Animals or fowl customarily found in a dwelling and kept for company or pleasure, including but not limited to dogs, cats, hamsters, parakeets, or canaries and the like, but not including any animal, reptiles, fish, and/or fowl normally found in a zoo. Domestic pets shall not include a sufficient number to constitute a kennel, as defined herein.
Buildings at a college/university, school, or institution containing a number of private or semiprivate rooms for residents, along with common bathroom facilities and recreation areas.
A business that orients the sale of goods or services to those remaining in their vehicles while business transactions occur at a pick-up window. Drive-through facilities shall be considered accessory uses which are attached to another authorized principal use which involves a window, service lane, bay, or other facility where customers are provided services either inside or outside their vehicles and where cars may or may not wait in line to access these services, including, but not limited to: drive-in or drive-through windows at fast-food restaurants, banks, drug stores or other businesses, exterior automated teller machines (ATMs), quick oil-change facilities, car washes and similar automotive services, and other such facilities.
A private area which provides vehicular access to a parking space, garage, dwelling, or other structure.
See "pharmacy" in this section.
See "dwelling types" in this section.
A building that contains dwelling units, intended, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes. Each dwelling type designated below is provided for separately in the land use chart under "dwelling type."
Dwelling types:
A suite of rooms in a building containing at least one other dwelling unit, each unit with its own cooking, food storage, bathing and toilet facilities for the exclusive use of the residents of the unit, and each with access directly or by a common hallway to the outside.
A dwelling unit or units created from a larger existing residential dwelling, whether entirely from the existing structure or by building additions or combinations thereof. Conversion dwellings involve the creation of additional dwelling units in a structure from existing dwellings, not initially intended or designed when the dwelling was initially constructed. Conversion dwellings are primarily intended to serve as rental units and are defined separately from accessory dwellings units or in-law suites which are primarily intended to house family members.
A detached house designed for and occupied exclusively as not more than two units, each living as an independent housekeeping unit and with no internal connectivity between units.
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.
A residential building or portion thereof designed exclusively for occupancy by three or more families living independently of each other and containing three or more separate dwelling units including garden apartments and high rise apartments but not including single-family, duplex, townhouse, or quadruplex dwellings.
A residential building, other than a townhome or garden apartment, containing only four dwelling units in one structure, each of which has two walls exposed to the outside and each unit shares two common walls with adjoining units which are placed at right angles to one another, rather than in a row, and which units have no other units above or below which share common floors/ceilings.
A detached residential building that is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit with a minimum square footage of 750 square feet.
A single-family dwelling unit no more than 3.5 stories in height constructed in a group of not less than three but not more than eight attached units in which each unit shares no more than one common wall that extends from the foundation to the roof.
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Notice given by a municipality through the Internet regarding the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the ROWs to be unusable and result in loss of the services provided.
A notice as provided in § 616.1 of the MPC, 53 P.S. § 10616.1, sent by the Borough to the owner or occupant of record of a parcel on which a violation of this chapter has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner or occupant of record, the purpose of which is to initiate enforcement proceedings.
A licensed professional engineer registered by the Commonwealth of Pennsylvania. See "registered professional."
The United States Environmental Protection Agency (the "EPA") or any agency successor thereto.
The erection, construction, alteration, or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, cable television, or other telecommunications transmission lines provided by public or private entities, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare. Essential services include water supply pump stations and water tanks. Essential services do not include communication towers or operations and facilities associated with oil and gas development.
Any one of the following: An individual; two or more persons related by blood, marriage, or adoption; or not more than four unrelated persons living as a single housekeeping unit. A family may also include domestic servants and gratuitous guests. The foregoing restrictions do not apply to persons with disabilities as defined in the Fair Housing Act, 42 USC § 3601 et seq.
Federal Communications Commission.
A free standing, accessory structure, including entrance and exit gates or openings, designed and constructed for the purpose of enclosing space or separating parcels of land, screening, protection, confinement, and/or privacy.
The ultimate approval of a development plan granted by the Borough Council which follows tentative approval and filing of an application for final approval.
Financial self-sufficiency, not dependent on outside support to any significant degree, with entrance and monthly fees adjusting to meet changing costs.
Any fabric containing distinctive colors, patterns, or symbols, used as a symbol of the United States of America, the Commonwealth of Pennsylvania, the County of York, or the Borough. A flag is not a sign.
An establishment which can include office, light manufacturing, pilot manufacturing, and research and development, in addition to warehousing and associated administrative space.
A habitable area of uniform vertical elevation that is contained within the outside walls of a building or structure.
The sum of the gross floor areas for each of a building's stories, including the basement, but not including the attic unless the attic meets the International Code Council (ICC) International Property Maintenance Code.
The sum of all the horizontal floor areas of a building, measured between exterior faces of walls.
The total floor area of a building designed for tenant occupancy, or areas accessible to the customers, clients, or general public, but excluding storage areas, equipment rooms, food preparation areas in a restaurant, and common areas such as halls, corridors, stairwells, elevator shafts, rest rooms, interior vehicular parking and loading areas, and similar common areas, expressed in square feet and measured from the center line of joint partitions and exteriors of outside walls.
A unit of light density incident on a plane (assumed to be horizontal unless otherwise specified), measurable with an illuminance meter (also known as a light meter).
The management of forests and timberlands when practiced in accordance with accepted silvicultural principals, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
Full-time custodial responsibility for children, or other individuals unable to care for themselves when such individuals have been placed by court order or under the auspices of a recognized social service agency, and are maintained under regulations of the Commonwealth of Pennsylvania.
The process of injecting water, customized fracking fluid, steam, or gas into a gas well under pressure to improve gas recovery.
Water obtained from a potable water source of the Commonwealth such as a hydrant, stream, lake, water well, spring, or other source that has not been treated or utilized in commercial or industrial operations.
The width of a lot along the street that provides the principal access to the lot.
A building used for the embalming of deceased human beings for burial and for the display of the deceased and ceremonies connected therewith before burial or cremation and which may include a crematorium.
An accessory building on a residential lot that may be attached to a dwelling, or a space within a dwelling building, for storing vehicles operated by the residents of the dwelling, and not to be used as an auto repair shop except for such vehicles.
An attached nonresidential garage is an extension of a permitted principal building and subject to the regulations of the underlying district.
An attached residential garage is an extension of a permitted residential dwelling and subject to §
160-5 of this chapter.
A detached accessory structure that is not accessible to the general public. A private garage is designed for the storage of private vehicles and personal property of the occupants of the principal building. All nonresidential detached storage structures are defined as storage buildings. See also "storage buildings" and "carport."
A freestanding, accessory, roofed structure usually open on the sides.
The manipulation of the land surface in connection with a development project.
A retail or wholesale business that sells flowers, plants, shrubs, trees, and other natural flora and products that aid their growth and care and that may include a greenhouse and/or the growing of plant material outside on the lot. See also "sheds" with regards to residential greenhouses.
The total area or number prior to any deductions.
The total number of dwelling units per one acre permitted to be developed on a lot.
A solar photovoltaic system mounted on a structure, pole, or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.
Water in that portion of the generally recognized hydrologic cycle which occupies the pore spaces and fractures of saturated subsurface materials. Groundwater often supplies wells and springs and is often withdrawn for domestic, agricultural, municipal, industrial, and other beneficial uses.
A facility which provides room and board and specialized services for:
A dwelling unit where room and board is provided to not more than eight permanent residents who are mentally or physically handicapped persons of any age, who are in need of supervision and specialized services, and no more than two caretakers on any shift, who may or may not reside in the dwelling and who provide health, social, and/or rehabilitative services to the residents. The service shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency. A group home does not include persons assigned by a court of law or public or semipublic agency on a short-term basis for supervision, care and counseling for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community re-entry services following incarceration, and other such transitional and/or supervised short-term assignments. A group home shall be considered a single-family dwelling and shall be authorized wherever a single-family dwelling is permitted subject to the requirements of the district applicable to single-family dwellings.
The cleaning of underbrush from a well-treed area.
A structure consisting of an enclosed living room, sleeping room, kitchen, and dining room. A finished basement is considered habitable.
A residential facility that provides a supervised environment to ease the transition of its residents between institution living and independent living, and is conducted under regulations of the Commonwealth and the auspices of a social service agency.
An administrative proceeding conducted by a board pursuant to § 909.1 of the MPC.
planting that provides year-round visual screening with an opacity of at least 50% of its total area when viewed from any direction, and capable of being maintained at not less than a prescribed height in a neat manner.
The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennae mounted on the tower and any other appurtenances.
For structures other than buildings or signs, the vertical distance measured from the average elevation of the finished grade around the structure to the highest point on the structure.
The vertical distance measured from the average elevation of the proposed finished grade of the building to the eaves. For the purpose of determining maximum permitted height for principal buildings, such measurement shall be made from the average finished grade at the front setback. For the purpose of side or rear yard determination, such measurement shall be made from the average finished grade of the wall extending along such side yard or rear yard. Measurements shall be taken from the lowest grade to the peak of the roof.
Any use customarily carried on entirely within a dwelling, by the occupant thereof, which use is clearly incidental and subordinate to the use of the dwelling as a residence. Examples include, but are not limited to, professional services such as legal, financial, accounting, or engineering; barber and beauty shops; and music and tutoring instruction. Home occupation businesses are different than no-impact home-based businesses. See also "no-impact home-based business."
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. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to parking, signs, or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
An organization formed to manage the common open space and common facilities within a development plan that are not to be publicly owned and maintained. Membership in and financial support of such organization is mandatory for all owners of private property in the plan.
A building containing rooms intended or designed to be used or that are used, rented, or hired out to be occupied or that are occupied for sleeping purposes by guests. Hotels have a common reception area on premises which is staffed 24 hours a day where clients check in to obtain access to a room. Hotels may provide such additional supporting services such as restaurants, meeting rooms, and recreation facilities.
Land or structure used for the collection, storage, processing and/or sale of scrap metal, scrapped, abandoned, or junked motor vehicles, machinery, equipment, waste paper, glass, rags, containers, and other discarded materials. Under this chapter, two or more scraped, abandoned, unregistered, inoperable or junked motor vehicles shall constitute a junkyard. Refuse or garbage kept in a proper container for prompt disposal shall not be regarded as a junkyard.
Includes any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
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.
Land development shall not include:
The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
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 Subsection, 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.
Means a place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.
The 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.
An establishment with coin-operated washing machines and dryers for public use.
Refers to uses and structures which were begun or constructed when the law allowed for them but have since become non-compliant due to a change in legislation.
Means discarded items not naturally occurring on the site, such as tires, oil cans, equipment parts, and other rubbish.
farm animals such as cattle, donkeys, horses, mules, burrows, sheep, swine, llamas, alpacas, ostriches, emus or goats kept for agricultural use, commercial purposes or pleasure. Also includes small animals such as poultry, ducks, geese, etc.
A 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 types:
A lot at an intersection of, and fronting on, of two or more streets.
A lot other than a corner lot or through lot.
A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
All the ground surface measured within the perimeter lines of a lot.
The maximum area within the setback lines in a lot that may be occupied by buildings.
The boundary line, or part of such line, describing the perimeter of a lot. The front lot line abuts the street to which the lot has access and the rear lot line is the boundary most distant from the front lot line.
Lot line types:
A line measured along the ROW of any frontage, whether public or private, between the side lot lines.
That lot line that is generally opposite to the front lot line.
Any lot line that is not a front lot line or rear lot line.
A lot of legal record on file with the York County Recorder of Deeds, pursuant with statutes governing recording.
The distance across a lot measured along the front setback line between the side lot lines.
See "supply yard" in this section.
The manufacture, storage, processing, and treatment of materials which are potentially hazardous, or processes which produce significant amounts of smoke, noise, glare, dust, or odor as a primary or secondary effect of the principal use of the land or buildings. Heavy manufacturing characteristically employs such equipment as smokestacks, tanks, distillation or reaction columns, chemical processing equipment, scrubbing towers, pickling equipment, and waste treatment lagoons. Examples of heavy manufacturing include basic steel manufacturing plants (such as foundries, blast furnaces, and stamping mills), industries handling animal offal or hides, basic cellulose pulp-paper mills and similar fiberboard and plywood production, lime manufacturing, ore and metal smelting and refining, and chemical plants such as petrochemical complexes. Heavy manufacturing facilities do not include any oil and gas facilities or operations.
Marijuana for certified medical use as set forth in the Medical Marijuana Act (Act 16, Pennsylvania Law 84, No. 16).
The use of the premises by a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, holding a permit issued by the Commonwealth of Pennsylvania Department of Health, to dispense medical marijuana per the Medical Marijuana Act (Act 16, Pennsylvania Law 84, No. 16).
A building or a series of buildings or rooms where one or more licensed medical professionals provide diagnosis and treatment to the general public without overnight observation. A medical office shall include such uses as reception areas, offices, examination rooms, and x-ray rooms, provided that all such uses have access only from the interior of the building. A medical office shall not include a pharmacy or surgical suites.
Office, medical types:
A facility that contains a total of four or fewer examination rooms (not including laboratories and/or x-ray rooms).
A facility that contains more than four exam rooms (not including laboratories or x-ray rooms).
A small, usually independent brewery that produces limited quantities of specialized beers. A micro-brewery provides for the retail sales of the beer at the location where it is produced. A micro-brewery may also include a tasting room and restaurant in conjunction with the use.
A small, often boutique-style distillery established to produce beverage grade spirit alcohol in relatively small quantities, usually done in single or small batches. A micro-distillery provides for the retail sales of the distilled beverage at the location where beverages are distilled. A micro-distillery may also include a tasting room and restaurant in conjunction with the use.
A commercial use in combination with a residential use in a single principal structure. A mixed-use is distinguished from live-work units due to the lack of any internal connections between the uses. See also "live-work units."
A building or group of detached, semidetached, or attached buildings on a lot containing guest dwellings, each of which has a separate outside entrance leading directly to rooms, with a garage or parking space conveniently located with each unit, and which is designed, used, or intended to be used primarily for the accommodation of automobile transients. Boarding houses shall not be considered a motel.
A structure lawfully existing prior to adoption of this chapter but greater in height, or located in whole or in part closer to one or more lot lines than permitted by the setback and/or height regulations governing development in the zone district where the lot is located.
A lot recorded prior to adoption of this chapter containing less area and/or less frontage or width than required for the zone district in which the lot is located.
A use of a lot, or a portion of a lot, or of a structure or part of a structure lawfully existing prior to adoption of this chapter but not permitted by right or as a conditional use in the zone district where the lot is located.
A certificate issued by the zoning officer attesting that the construction for which a zoning permit has been issued has been completed in accordance with the zoning permit and may be occupied, or attesting that a proposed new occupancy or use on a lot, but not requiring a zoning permit, is a permitted use or has been approved as a conditional use.
An area wholly outside any public street right-of-way constructed to accommodate the storage of vehicles and connected to a public street or streets by a driveway or access lane.
Any office of recognized professions, other than medical, such as lawyers, architects, engineers, real estate brokers, insurance agents, and others who, through training, are qualified to perform services of a professional nature and other offices used primarily for accounting, corresponding, research, editing, or other administrative functions, but not including banks or other financial institutions.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, or designated for public or private use of enjoyment of owners, occupants and their guests of land adjoining or neighboring such open space.
The short-term rental of a dwelling unit, or of no more three individual bedrooms within such dwelling unit, that is the primary residence of its operator.
Antennas used to receive video programming, and data services, including television and internet, which are regulated by the Federal Communications Commission (FCC, 47 CFR 1.4000). An OTARD is considered an accessory structure.
The short-term rental of a dwelling unit that is not the primary residence of the operator, but is located within a residential building with a total of four or fewer dwelling units where all dwelling units in the building are owned by the operator, and one of the dwelling units in the building is the primary residence of the operator.
Land designed for the purposes of recreation and leisure and maintained by a private or public entity as such.
Any lot, parcel, or yard used in whole or in part for the storage or parking of two or more vehicles where such usage is not incidental to or in conjunction with a single-family or two-family dwelling.
Any lot, parcel, or yard used in whole or in part for the temporary storage or parking of two or more vehicles where such usage is the principal use on the site.
An area within a parking lot intended for the storage of one vehicle and adjacent to an access lane.
A structure accessory to a dwelling constructed on the ground from impervious material such as concrete, stones, bricks, blocks, or other paving material and which may or may not have a roof or awning.
An activity that is expressly allowed by right as the principal use of a lot because the lot is located in a zone district where the activity or use is permitted.
Any antenna, radio receiving structure, microwave antenna for satellite communication (commonly referred to as a satellite dish), or other similar facilities used to transmit and receive electromagnetic waves for personal non-business use which does not fall under the Federal Communications Commission definition of an over-the-air-reception device ("OTARD"). Such a structure is considered an accessory structure.
Any enterprise providing services pertaining to the person, their apparel, or personal effects commonly carried on or about the person, including but not limited to shoe repair, tailoring, clothes cleaning, watch repairing, barbershops, beauty parlors, tattooing, body piercing and related activities.
Taking custody or possession of more than four dogs and/or more than six cats for the keeping, accommodation, care, training, or feeding for fee or reward at a property other than the animal's normal place of residence. The domesticated animal can be left in the care of said establishment for a variable period of time. The establishment must be able to accommodate domesticated pets for extended periods of time, including but not limited to, overnight stays within indoor facilities.
Small animals normally permitted in and controlled on a residential lot, kept for pleasure and not offered for sale except incidentally.
A semipublic use, including any of the following: church, manse, rectory, convent, synagogue, parish, monastery, seminary, or similar building incidental to the particular use; but this term does not include business offices, except administrative offices incidental to the operation of the particular use, rescue missions, or the occasional use for religious purposes of properties not regularly so used.
A construction with permanent roof and floor attached to a building and considered part of the building for purposes of setback from lot lines.
The building or group of buildings containing the principal permitted use on a lot.
An area of land or other area, the primary use of which is for a solar collection system used to capture solar energy, convert it to electrical energy or power and supply electrical power primarily for off-site use. A principal solar energy system consists of one or more free-standing ground, or roof-mounted solar collector devices, solar related equipment and other accessory' structures and buildings including light reflectors, concentrators, and heat exchangers, substations, battery storage facilities, electrical infrastructure, transmission lines and other appurtenant structures.
The primary or predominant use of any lot or structure.
Owned, operated, or controlled by an individual, group of individuals, association, corporation, or not for profit, and restricted to members who meet certain qualifications and their guests.
All roads, streets, walkways, gutters, stormwater management facilities, curbs, sewers, and other facilities not owned, maintained, or operated by the Borough for which plans and specifications shall apply to the applicable municipal minimum construction standard details.
An official meeting called by the Borough Council, the Planning Commission, or the Zoning Hearing Board for the purpose of taking testimony from all parties having an interest in the matter being heard, as a basis for the calling body to make a decision at a later time.
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. 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.
An improved vehicular right-of-way open to the public as part of the Borough-wide circulation system and accepted for maintenance by the Borough or PennDOT.
A publicly regulated service distributing water, gas, electricity or communications, or collecting sanitary sewage, but not including offices or maintenance facilities unless permitted in a particular zone district.
Activity or area intended for use, play, relaxation, sports, or other leisure activities.
An individual licensed in the Commonwealth of Pennsylvania to perform services or activities required by provisions of this chapter and qualified by training and experience to perform the specific services and/or activities with technical competence.
See "group care facility" in this section.
Any piece of equipment related to, incidental to, or necessary for, the operation of a communications tower or communications antenna. By way of illustration, not limitation, related equipment includes generators and base stations.
Any 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.
Any establishment which carries on investigation in the natural, physical, or social sciences or engineering and development as an extension of such investigation with the objective of creating end products and which may include pilot manufacturing, as defined by this chapter, as an accessory use, where concepts are tested prior to full-scale production.
An establishment designed and operated for the express purpose of providing food and beverage service within the confines of a structure and generally excluding any encouragement, orientation, or accommodation of services or products to the patrons' automobiles, on or within the premises.
The display and sale of products and services primarily outside of a building or structure, including vehicles; garden supplies, flowers, shrubs, and other plant materials; gas, tires, and motor oil; food and beverages; farm equipment; motor homes; burial monuments; building and landscape material; and lumberyards.
A retail establishment located entirely within an enclosed building which sells goods, services, or merchandise to the general public for personal, household, or office consumption and which shall not include wholesaling, manufacturing, or processing of the goods offered for sale.
A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses. A ROW grants a lot interest to the grantee and no permanent structure may be erected therein.
Right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads. Also a right-of-way established to provide future access to or through undeveloped land.
The total dedicated width of a public thoroughfare for vehicular traffic and/or pedestrian traffic whether designated as an arterial, collector, or local roadway.
A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such a device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas), and satellite microwave antennas.
The use of plant materials, fencing, walls, and/or earthen berms, or combinations thereof, to aid in the concealment of such features as parking areas and vehicles, and to provide for privacy between two or more different land uses or activities; a visual and/or sound buffer or other barrier.
A structure containing separate storage spaces, which may be of various sizes, leased or rented on an individual basis.
A retail place of business, engaged primarily in the sale of motor fuels or supplying goods and services generally required in the operation and maintenance of motor vehicles and fulfilling of motorist's needs, including the sale of petroleum products; sale and service of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the supplying of other incidental automotive customer services and products; and the performing of automotive maintenance and repair, excluding such repair as spray painting, body, fender, axle, frame, major engine overhaul, or recapping/retreading of tires. A service station may also include the operation of a convenience food store.
A line within a property and parallel to a property or street line which delineates the required minimum distance that must be provided between a structure or building and an adjacent street line and/or property line. See Figure #8 in Appendix B regarding yard configuration and lot lines.
The minimum required distance between the street line and the front setback line projected the full width of the lot, except in case of an alley where a side or rear setback shall be provided.
The minimum required distance between the rear lot line and the rear setback line projected the full width of the lot.
The minimum required distance between the side lot line and side setback line projected from the front yard to the rear yard.
A facility designed to receive the wastewater from domestic sources and to remove materials that damage water quality and threaten public health and safety when discharged into receiving streams or bodies of water.
The phrase "shallow resource recovery" shall include but is not limited to the extraction of minerals from the earth, from waste, stockpiles, or from pits or from banks by removing the strata or material that overlies or is above or between them ("overburden") or otherwise exposing and retrieving them from the surface. The term includes but is not limited to quarrying and surface activity connected with surface mining, including but not limited to exploration, site preparation, entry, slope, berm location, construction and maintenance, fencing construction and maintenance, road construction and maintenance and reclamation, borehole drilling and construction and activities related thereto. The term does not include mining operations carried out beneath the surface by means of shafts, tunnels, or other underground mine operations.
A dwelling unit where up to four unrelated persons reside who may or may not be the functional equivalent of a family.
A detached, accessory structure which is incidental to a permitted residential structure. Sheds typically sit on a simple concrete slab, piers, or soil and are used to store household goods, tools, and/or equipment. Sheds shall include but are not limited to tool sheds, residential greenhouses, and pool equipment structures. All nonresidential detached storage structures are defined as storage buildings. See also "storage buildings."
A group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic consideration and protection from the elements, and landscaping and signage in accordance with an approved plan.
A principal or accessory use other than a hotel or motel where lodging is provided for compensation generally for less than 30 days. Rentals are generally facilitated by an online tool that allows for peer-to-peer lodging options where the lodging facilities are generally owned by private individuals. This use include rentals commonly called by industry names including but not limited to Airbnb, HomeAway, Flip Key, World Escape, Uproost, etc.
A name, identification, description, display, illustration, or device which is affixed or represented directly or indirectly upon a building, structure, or land and which functions as an accessory use by directing attention to a product, place, activity, person, institution, or business. The following terms and definitions are associated with the sign regulations contained in this chapter.
— A portable sign comprised of two separate panels or faces joined at the top and spread apart at the bottom to form the base on which the sign stands.
The number or other designation assigned to a housing unit, business establishment, or other structure for all purposes of location, mail delivery, and emergency services. An address sign may include the name and address of the occupant of the premises.
A sign displayed on a farm by the owner or other operator thereof, for the purpose of identifying such farm or advertising products thereof.
Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. Changeable copy signs as defined herein are not considered animated or moving signs.
The movement, or the optical illusion of movement, of any part of the sign structure, design, or pictorial segment including the movement of any illumination or the flashing, scintillating, or varying of light intensity. Also included in this definition are signs having "chasing action" which is the action of a row of lights commonly used to create the appearance of motion.
A sign suspended beneath a ceiling of an arcade, a roof, or a marquee containing only the name of a business for the purpose of assisting pedestrian traffic traveling under the arcade, roof, or marquee to identify the location of establishments within a shopping center or similar building.
Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
A sign or outside advertising display having the character, letters, illustrations, ornamentations, symbols, color, or visual representation applied to cloth, paper, vinyl, fabric, plastic, or like kind of malleable material with or without frame. National, state, or municipal flags, or the official flag of any institution or business, shall not be considered banners.
A permanently installed sign identifying/advertising and/or directing the public to a business, merchandise, service, institution, residential area, or entertainment which is located, sold, rented, leased, produced, manufactured, and/or furnished at a place other than the real property on which said sign is located.
A small pedestrian-oriented sign attached to a building, which bears only the name, number(s) and/or logo of the building but not the tenant and which is intended to be legible only from the pedestrian ways immediately adjacent to the sign.
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged manually to change the message on the sign without altering the face or surface of the sign.
A type of changeable copy sign constructed to allow letters or symbols to be changed periodically such as those used by places of worship and schools to announce events.
A sign that is designed so that characters, letters, or illustrations can be changed or rearranged remotely by electronic or other means to change the message or sign without altering the face or surface of the sign.
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 temporary sign announcing the name of contractors, mechanics, or artisans engaged in performing work on the premises and only during active construction activities.
A temporary sign erected during the period of construction and/or development of a property by the contractor and developer or their agent.
A display of a sign message that is made up of internally illuminated components that display an electronic image, which may or may not include text and is capable of changing the message periodically. Digital displays may include but are not limited to television screens, holographic displays, programmable ink, liquid crystal display (LCD), light-emitting diode ("LED") signs, or plasma displays.
A sign generally informational, that has a purpose secondary to the use of the lot or site on which it is located, such as "No Parking," "Entrance," "Exit," "One Way," "Loading Only," "Telephone," and other similar directives, and provided that such sign does not exceed five square feet. Directional, incidental signs shall be located only in conjunction with site drive entrances and/or internal traffic drive aisles.
A type of digital sign which displays messages, such as time and temperature, in alternating light cycles.
A sign that contains an intermittent or sequential flashing light source or has a light source which is not stationary, varies in illumination intensity, or contains elements which give the appearance of any of the aforementioned.
Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
A sign, which is owned, installed, and maintained by the Borough or other governmental agency.
A freestanding sign, which is completely self- supporting, has its sign face or base on the ground and has no air space, columns, or supports visible between the ground and the bottom of the sign. It shall not be attached to a pole or pylon, nor raised by mounting on a man- made berm, wall, or similar structure. Pole/pylon signs that have pole covers which extend from the base of the sign face to the ground shall not be considered ground/monument signs.
A sign containing only the name and address of the occupant of the premises and their occupation. No logos or other advertising shall be permitted.
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
A sign containing a source of light contained within the sign structure or sign cabinet.
A three-dimensional (3-D) object, filled with air or gas, and located in such a manner as to attract attention.
An integral part of the building consisting of a roof which is supported by the building and may also be supported by columns or piers, and which includes porches, porticos, and porte-cocheres, but does not include canopies or awnings.
A wall sign attached to a marquee.
A commemorative plaque(s) placed by a recognized agency of the Borough, county, state, or federal government.
A sign that lists for consumers the various options of products, goods, or services provided by a business.
A sign that uses changing lights to form a sign message or messages using alphanumeric symbols and wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. A common example is a gas price display sign.
A hand-painted, hand-tiled, or digitally printed restorative image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold.
The measure of the light emanating from an object that is used to quantify digital sign brightness, which is calculated by the total amount of light emitted from a sign divided by the surface area of the sign measured as candelas per square meter.
A sign bearing legal and/or lot notices such as no trespassing, private lot, no turnaround, safety zone, no hunting, or similar messages and signs posted by a governmental agency for the safety of the general public.
A sign identifying/advertising and/or directing the public to a business, or merchandise, or service, or institution, or residential area, or entertainment which is located, sold, rented, leased, produced, manufactured and/or furnished at a place other than the real property on which said sign is located. However, billboard signs shall not be considered to be off-premises signs.
A sign or display that identifies or communicates a message related to the activity conducted, the service offered, or the commodity sold on the premises where the sign is located.
The primary surface of a sign that carries the identifying/advertising message.
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
A freestanding sign erected on a pole, poles, pylon, or pylons, or other supporting structure where the bottom edge of a sign face is installed above the ground. Pole/pylon signs that have pole covers which extend from the base of the sign face to the ground shall not be considered ground/monument signs.
A temporary sign which indicates the name, cause, or affiliation of a person seeking public or elected office or on which reference is made to an issue for which a public election or referendum is scheduled to be held.
Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public ROW, unless vehicle is used in the normal day-to-day operations of the business.
A sign, which reproduces a remote image, by optical or any other means, on any surface.
Signs in connection with the identification, operation, or protection of any public utility, on the same lot therewith, provided that the total sign area on any one street frontage does not exceed eight square feet.
A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale. The signs may also bear the words "sold," "sale pending," or "rented" across their face.
Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of this chapter.
A permanent wall or freestanding ground sign containing the name and address of a plan of subdivision or a multi-family building or development. The sign shall contain no commercial message and if a ground sign, shall be located at the principal entrance or entrances of a development.
Public safety sign pursuant to federal, state, or local public safety regulations.
Any surface, fabric, device or structure bearing lettered, pictorial or sculptured matter designed for visual communication and used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government, government agency or of any civic, charitable, religious, fraternal or similar organization.
A sign whose major purpose is for directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards,
A sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
A sign which directs people to a community; an event of public interest; public uses and buildings, uses and buildings of service and charitable organizations; and uses and buildings of commercial nature, provided that no advertising matter other than identifying name or symbol shall be contained on sign of this type.
A sign supported by uprights or braces placed upon the ground and not attached to a building.
A sign which is attached to a building or other structure and extends beyond the line of a building or structure or beyond and surface of that portion of the building or structure to which it is attached.
The original tract of land which exists prior to any subdivision activity and which is the subject of an application for development, as defined by the SALDO.
The total area of all lots, ROWs, easements, open space, and other features contained within the boundaries of a site. The total project area is determined by a survey prepared by a registered surveyor. The total site area may include multiple parcels. Also see "lot area" in this section.
A plan identifying the location and extent of topographic gradient changes based upon contour intervals of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less. Slopes shall be identified by color or symbols.
That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating, and/or the generation of electricity.
Any waste including, but not limited to, municipal, residual, or hazardous wastes including solid, liquid, semi-solid, or contained gaseous material.
The intensity of sound, measured in decibels (dBa), and produced by the operation of a permitted use.
An instrument standardized by the American Standards Association for measurement of intensity of sound.
Any temporary display, sale of goods, use, or event that is located outside of a principal building structure and is accessory to the principal use of the lot that has the potential to create an increase in traffic, congestion, and/or noise than that which is typically caused by the principal use of the lot.
See "use by special exception" as defined in this section.
Any vertical structure enclosing a flue(s) that carry off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.
Camouflaging methods applied to wireless communications towers, antennae, and other 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, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
Any portion of any lot which has a natural or finished slope in excess of 25% shall be considered a steep slope and shall be subject to these regulations, except that high walls remaining from mineral removal activities shall be exempt from these regulations. Slope is calculated based upon contours at intervals of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less.
An accessory structure used for storing goods and products incidental to a permitted, nonresidential, principal use.
As an accessory use, a storage yard includes a portion of a lot or parcel which is not occupied by a building and is used to store materials associated with the permitted principal use. Materials and/or equipment within a storage yard are not offered for commercial sale nor are they accessible to the public. See also "supply yard."
As a principal use, a storage yard is an otherwise vacant lot or parcel that is used to store construction equipment, vehicles, and/or construction materials. Materials and/or equipment within a storage yard are not offered for commercial sale nor are they accessible to the public. See also "supply yard."
See the definition provided by the Borough Stormwater Management Ordinance.
The Borough Stormwater Management Ordinance, Chapter
133 of the Borough Code of Ordinances.
That portion of a building included between the surface of any finished floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. In determining the number of stories for purposes of height measurement, a basement shall be counted as a story if the ceiling is more than five feet above the average adjoining ground level at the front setback, and a mezzanine shall be counted as a story if it covers 50% or more of the area of the story underneath such mezzanine. An attic or a cellar shall not be counted as a story.
All land between ROW lines, whether public or private, and whether improved or unimproved, which is intended to accommodate vehicular traffic, including an avenue, drive, boulevard, highway road, freeway, parkway, lane, viaduct, or other vehicular way. The term shall not include the word "driveway."
As defined below and also in the SALDO.
A public street that serves large volumes of high speed and long distance traffic.
A public street which, in addition to providing access to abutting lots, intercepts local streets and provides a route for carrying considerable volumes of local traffic to community facilities and arterial roads.
A street not offered for dedication or whose dedication was not accepted by the municipality or other government entity.
A strip of land, including the entire right-of-way, dedicated to Dover Borough for use as a means of vehicular or pedestrian circulation by the public at large.
The length of the front lot line. See also "lot line."
The officially established grade of the street upon which a lot fronts on, in its absence, the established grade of the other street upon which a lot abuts, at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
A line defining the edge of a street right-of-way and separating the street from abutting property or lots; commonly known as the "right-of-way line."
Any tree planted within the ROW of a street. Street trees are not the same as trees planted in the front yard of a residential home or lot.
The wall of a building adjoining a sidewalk at the edge of the street ROW; or architectural elements, such as walls, piers, pillars, fences, colonnades, porches, and porticoes, in lieu of a building wall when a building is set back from the street wall line.
Any change in the support members of a building such as bearing walls, columns, beams, or girders; changes in the means of ingress and/or egress; enlargement of floor area or height of a structure; or relocation of a structure from one position to another.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
A subordinate structure or a portion of the principal structure on a lot, the use of which is customarily incidental to that of the principal structure.
A structure which cannot readily be removed.
A structure associated with a primary use.
A structure which can be readily moved.
The vertical distance from the lowest finished grade level to the peak of the roof.
The 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 devisees, 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.
The Dover Borough Subdivision and Land Development Ordinance (SALDO), Chapter
138 of the Borough Code of Ordinances, as adopted and amended by the Borough Council.
A modification to an existing wireless communications facility that substantially changes the physical dimensions of a tower or base station and meets any of the following criteria: (1) for communications tower outside the public ROW, it increases the height of the facility by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna, not to exceed 20 feet, whichever is greater; for communications towers in the ROW, it increases the height of the facility by more than 10% or 10 feet, whichever is greater; (2) for communications towers outside the public ROW, it protrudes from the edge of the WCF by more than 20 feet, or more than the width of the tower structures at the level off the appurtenance, whichever is greater; for those communications tower in the public ROW, it protrudes from the edge of the structure by more than six feet; (3) it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; (4) it entails any excavation of deployment outside the current site of the communications tower; or (5) it does not comply with conditions associated with prior approval of construction or modification of the communications tower unless the non-compliance is due to an increase in height, increase in width, or addition of cabinets.
The area of all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed (whether such background is open or enclosed), but excluding any supporting framework and bracing which are solely incident to the display itself, provided that the same do not contain such lettering, wording, designs, or symbols. Where the sign consists of individual letters, designs, or symbols attached to a building, awning, wall, or window, the area shall be that of the smallest rectangle which encompasses all of the letters, designs, and symbols. Where a sign consists of a double face, only one side shall be considered for the purpose of calculating the sign area, provided that both faces are identical.
A professional surveyor licensed in the State of Pennsylvania. See "registered professional."
A man-made enclosure, designed to impound water for the purpose of creating depth of water suitable for swimming, or other types of water recreation or therapy, including but not limited to water slides, lap pools, whirlpools, soaking tubs, or hot tubs.
Any use or structure which may be a principal use on a lot or accessory to an existing principal use on a lot intended to be used for less than six consecutive months, including but not limited to construction or land sales trailers, tents, bleachers, air supported structures, seasonal displays, and similar structures.. Structures intended to be used for more than six months shall be considered permanent and shall meet the use and structure requirements for permanent structures.
An approval prerequisite to final approval of a development plan granted by the Borough Council in accordance with this chapter.
A building or part of a building devoted to showing motion pictures or dramatic, dance, musical, or other live performances. This definition does not include "adult-oriented businesses."
A structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles, and light poles. DAS hub facilities are considered to be tower-based WCFs.
A personal service engaged in the business of offering the services of a vehicle wrecker or towing service, whereby disabled motor vehicles are towed or otherwise removed from the place they are disabled by use of a wrecker so designed for that purpose by a truck, automobile, or other vehicle so adapted for that purpose.
A technical report, submitted by a professional traffic engineer, which projects the trip generation of a land development and the anticipated trip impact on the Borough's Comprehensive Road Network.
Any object of natural growth.
Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business, or operation carried on in a building or other structure or on a tract of land.
A use customarily incidental and subordinate to the principal use and located on the same lot as the principal use.
An authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria after a public hearing.
The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory.
Relief granted pursuant to the provisions of Articles
VI and IX of the MPC.
The rental of motor vehicles, watercraft, recreational vehicles, or trailers, including outdoor display areas and service areas within a completely enclosed building and a showroom and offices within the building.
Any building, premises, and land in which or upon which a business, service, or industry performs or renders a service involving the maintenance, servicing, repair, or painting of vehicles weighing less than 8,500 pounds Gross Vehicle Weight Rating (GVWR). Businesses solely devoted to vehicle electronics repair and/or installation shall be considered retail stores.
A retail establishment which may include one or more of the following: an open area, other than a street, for the display and sale or rental of new or used automobiles and light duty trucks; buildings which may contain offices and showrooms; an area within a completely enclosed building where reconditioning, preparation, accessory installation, repairs, and/or the servicing of vehicles is performed.
A structure primarily used for the storage of goods and materials which also includes refrigeration and cold storage services. This use does not include distribution centers.
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et. seq.).
A bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or, a dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or, a subsurface fluid distribution system.
Shall consist of the area occupied by any of the facilities, structures and equipment associated with or incidental to the construction, drilling, fracturing, production, or operation of an oil or gas well. If multiple areas are used, then the total combined areas shall be considered the well site.
The precise point of entry into the ground where the drilling of a gas well takes place.
The surface and subsurface area surrounding a water well or well field supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water well or well field.
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.
The antennae, 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 communication facility building permit, zoning approval, and/or permission to use the public ROW or other Borough-owned land or property.
Any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "Related Equipment" includes generators and base stations.
A freestanding structure, such as a tower-based WCF or any other support structure that could support the placement or installation of a WCF, if approved by the Borough.
A plant community composed predominantly of healthy trees and other woody vegetation, well stocked, and growing more or less closely together.
A yard extending between side lot lines across the full lot width from the front lot line to a line parallel to the front face of the structure of the principal use of the lot.
A yard extending between the side lot lines across the full lot width from the rear lot line to a line parallel to the rear face of the structure of the principal use of the lot.
A yard extending from the front yard line to the rear yard line parallel to the side lot line.
An area in the Borough in which regulations under this chapter uniformly apply, including any overlay districts.
The Zoning Hearing Board of Dover Borough, York County, Pennsylvania as defined by and appointed in accordance with the MPC, Act 247 of 1968, as amended by Act 170 of 1998 (53 P.S. § 10101 et seq., as may be amended from time to time).
The Official Zoning Map delineating the Zoning Districts of Dover Borough, York County, Pennsylvania, together with all amendments subsequently adopted.
The designated official or authorized representative appointed by the Borough Council whose duty it shall be to administer this chapter and as identified in § 614 of the Pennsylvania MPC, Act 247 of 1968, as amended by Act 170 of 1998 (53 P.S. § 10101 et seq., as may be amended from time to time).