A building or use clearly incidental or subordinate to, and customary in connection with, and located on the same lot with the principal building or use.

Any commercial establishment having as a substantial or significant portion of its stock-in-trade, including but not limited to, books, magazines, periodicals, visual representations or writings, distinguished or characterized by emphasis on matter depicting, describing or related to specified anatomical areas or to specified sexual activities, or an establishment with a segment or section devoted to the sale or display of such materials.

Any commercial establishment substantially engaged in the presentation of sexual conduct or specified sexual activities as defined in this chapter, or any establishment which has a segment or section devoted to these presentations.

An establishment offering care or supervision of special needs adults in lieu of care or supervision by family members, elderly persons (generally 62 years of age and older), mentally disabled, and/or physically handicapped persons who need such daily assistance because of their physical or cognitive disability or disease. This use shall not include persons who need oversight because of criminal and/or violent behavior. The use shall involve typical stays of less than a total of 60 hours per week per person.

Any commercial establishment substantially engaged in showing obscene films or films commonly denoted as "adult films," or an establishment with a segment or section devoted to the showing of obscene or "adult films."

The outdoor display of any writing, printing, picture, painting, emblem, drawing, sign or similar device intended to invite or draw the attention to the public to any goods, merchandise, property, business, service, entertainment, amusement or industrial activity or establishment.

Any rigid or semirigid material with or without advertisement displayed thereon situated upon or attached to or which is part of real property for the purpose of furnishing a background, base surface or support upon which an advertisement may be posted or displayed outdoors.

See "street."

The raising and keeping of livestock and poultry, with the intent of producing capital gain, or profit or with the intent of selling any livestock or poultry products. The keeping of livestock or poultry as farm pets, or for domestic purpose pursuant to the regulations of this chapter, shall not be construed as animal husbandry.

A landowner or developer, as hereinafter defined, who has filed an application for development 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 establishment primarily engaged in the display and retail sales of original and limited edition art works.

A functionally unique facility with a specific focus and purpose to encourage life-long learning and provide services in the community for all age groups and to provide facilities such as studio space, gallery space, venues for learning and performance, offices, workshop areas, educational facilities, tools and technical equipment. An arts and learning center shall be a nonprofit organization geared toward exposing, generating and making accessible life-long learning opportunities to individuals with the building containing a minimum of 10,000 square feet in gross floor area and provides space to nonprofit community service companies involved in art making, education and life-long learning. The use may include offices for other community nonprofit organizations, government agencies and community groups. This use shall not include residential uses or any type of "treatment center." Services may include full education and art courses, programs, exhibits and demonstrations, workshops from/for professional community organizations, educational/arts activities and tutoring.

An assisted living residence as defined in Pennsylvania Code Title 55, Chapter 2800.4, as amended from time to time.

An establishment that contains automated devices performing banking or financial functions which are operated by the consumer or patron primarily for those who remain in their vehicle, but may also be operated by those customers walking up to the device. This use does not include "bank."

A financial institution that accepts deposits and provides credit to the public. Routine interactions/activities with customers and/or patrons including savings/deposits, investments, loans, money exchange, etc. A bank may also provide financial counseling, planning, and services related to money management, and includes those establishments considered savings and loans and credit unions.

See "tavern/bar" definition.

A story in a building, the structural ceiling level of which is four feet or more above average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street, and the floor level of which is below finished grade at any point on the periphery of the building.

An owner-occupied or manager-occupied establishment within a single-family detached dwelling, providing temporary, overnight lodging accommodations in sleeping rooms/units for transient guests and related meal service for compensation. Bed-and-breakfast may also host accommodations for private events (i.e., weddings and small gatherings). Temporary, overnight lodging occurs within individual sleeping rooms/units which do not contain cooking facilities.

An area bounded by three or more streets.

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation routinely for periods of seven consecutive days or longer and that does not meet the definition of a hotel, motel, bed-and-breakfast use, group home or nursing home. A boardinghouse may either involve or not involve the providing of meals only to residents.

The Borough of Greencastle, Franklin County, Commonwealth of Pennsylvania.

A strip of land at least 10 feet in width which may be part of the minimum setback distance, free of any principal or accessory building or required improvement other than screening.

Any combination of materials forming any construction, except where entirely underground, so as to permit the use of the ground above same as if no building was present; the term "building" shall include the term "structure" as well as the following:

The horizontal area measured around the outside of the foundation walls plus the floors of roofed porches and roofed terraces, and including the area of accessory buildings if any. In the case of split-level dwellings, the first-floor area shall be deemed to include floor areas on two nonoverlapping levels, separated by a half-story, or less, of height.

The outer surface of a building, which is visible from any private or public street or highway.

The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the mean height between eave and ridge for other types of roofs.

A building in which is conducted the main or principal use of the lot on which said building is located.

The required horizontal distance between a required setback line and an abutting lot line or street right-of-way line, as applicable.

Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of business or the rendering or receiving of professional or personal service.

The paved portion of a street right-of-way intended for vehicular use.

Any space in a building the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible number of stories.

A use involving the supervised care of children outside their home, which use may include preschool or educational activities that supplement state required education, however, an authorized home day-care use shall not constitute a child day-care center.

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center line.

An organization catering exclusively to members and their guests and not the general public. Private clubs shall include, but not be limited to: educational, fraternal, service, political organizations, labor unions, and social and athletic clubs. A private club does not include activities that are not for the primary benefit and participation of its members.

A tract of land and/or buildings planned as a whole for development of single-family dwelling units. Said development shall permit a reduction of the lot size while at the same time maintaining the overall density requirements applicable to the district in which said land is situated and conforming to all other applicable requirements.

A business combining lodging, eating and recreational facilities as a single enterprise and offered to the public.

The Borough Planning Commission.

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.

An establishment used for noncommercial recreational, social, educational, and cultural activities, open to the public or a designated part of the public, owned or operated by a public or nonprofit group or agency.

An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or nonfood, ornamental crops (flowers) for personal or group use. consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be used collectively by members of the group and may include common areas maintained and used by group members.

A Comprehensive Plan prepared by the Borough Planning Commission pursuant to Article III of the Pennsylvania Municipalities Planning Code and adopted by the Council, which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Borough, and includes any unit or part of such plan separately adopted and any amendment to such plan or part thereof.

An age-restricted development or establishment that provides a continuum of accommodations and care, from independent living to long-term skilled nursing care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and/or entrance fee. This use does not include the "retirement community" or "assisted living residence" use, although such uses may be a component of the continuing care retirement facility use.

An establishment primarily engaged in the retail sale of frequently or recurring goods for household consumption, prepackaged food and beverages, foods prepared on-site, magazines, lottery tickets, tobacco products, and limited household supplies. The use also may include the on-site consumption of food and beverages, as well as the retail sale of fuel for passenger vehicles, oil, grease, auto accessories, propane, kerosene and automatic car washing facilities. This use does not include "retail business" use.

See "multipurpose venue."

An establishment primarily engaged in providing custom printing, photocopying, faxing, mailing, courier service and/or other similar business and office support services, along with accessory sales of materials and items related to copying and mailing.

The Greencastle Borough Council.

The County of Franklin, Commonwealth of Pennsylvania.

An open space enclosed on all sides by exterior walls of a building.

An open space enclosed on three sides by exterior walls of a building.

The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.

The linear dimension of the unenclosed side of the court.

An establishment primarily engaged in the on-site production, display and sale of goods created on-site by hand manufacturing generally involving only the use of hand tools and/or other domestic mechanical equipment. Typical uses include painting and other media-art, ceramics, fabric crafts. candle-making, and jewelry manufacturing. All such production and storage associated with this use shall occur within a completely enclosed building.

The raising and keeping of field, truck and tree crops. For the purposes of this chapter the term "crop farming" does not include animal husbandry.

A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street or to a public recreation area.

The officially established grade of the curb in front of the midpoint of the lot.

See definition of "child day-care center," "home child day care," and "adult day care" as applicable.

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter 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 the county and judicial district wherein the Borough lies.

The deliberate appropriation of land by its owner for any general and public or limited public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.

A building or structure designed for living quarters for one or more families, including homes which are supported either by a foundation or by blocks or jacks or are otherwise permanently attached to the land. A travel trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, nursing or other similar home, or other similar structure shall not be deemed to constitute a dwelling.

A building used by three or more families living independently of each other and doing their own cooking including, for example, apartment house, rowhouse or townhouse.

A dwelling used by one family and having two party walls in common with another dwelling unit, except for end units which have one party wall. (Example: townhouse.)

A dwelling used by one family, having only one dwelling unit and having two side yards. (Example: house.)

A dwelling used by one family, having one side yard, and one party wall in common with another dwelling unit. (Example: duplex.)

A dwelling used by two families, with one dwelling unit arranged over the other and having two side yards. (Example: double house.)

One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family.

The authorization by a property owner or authorized agency of a right-of-way granted, but not dedicated, for limited use of private land for a public or quasi-public purpose; and within which the owner of the property shall not erect any permanent structures, but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

The application of a public agency or body's review stamp and the signature of the chairman or official of said public agency or body.

The erection, construction, alteration, maintenance, by public utilities or municipal or other governmental agencies or private corporations under contract to a municipality, of gas, electrical, telephone, steam or water transmission or distribution systems, and sewer and solid waste disposal systems, including buildings, enclosures, wells, pumping stations, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic light signals, hydrants, sanitary landfills, incinerator waste disposal areas, and other similar equipment and accessories and services in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or private corporations under contract to a municipality including firehouses or fire companies and agencies or emergency services under agreement with the municipality or for the public health or safety or general welfare.

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage, or adoption, shall not be considered to constitute a family.

A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot, or portion thereof, that is constructed of wood, composite, plastic/PVC, wire mesh, chain-link aluminum and/or plastic inserts, or any other material which is designed and marketed as a material suitable for fence construction. Man-made barriers constructed principally of other materials, including, but not limited to, brick, concrete or cinder block, shall be considered a wall. However, walls that are not more than four feet in height may serve as the base or foundation for a fence, in which case the total height of the wall and the fence shall not exceed the maximum height of a fence. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include barriers of landscaped materials, including hedges.

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement area used only for storage and the operation and maintenance of the building.

All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, unheated porches, cellars, heater rooms, and basements having a window area of less than 10% of the square foot area of the room. Livable floor area shall include all spaces not otherwise excluded above such as: principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.

The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.[1]

A portion of a residential principal building, on a permanent foundation, used only by the occupant or occupants of the principal building for the parking or storage of household vehicles, merchandise or equipment, and from which no business, service or commercial enterprise is offered to the public.

A detached building accessory to a residential principal building, on a permanent foundation, used only by the occupant or occupants of the principal building for the parking or storage of household vehicles, merchandise or equipment, and from which no business, service or commercial enterprise is offered to the public.

Any portion of a principal building from which service, repair, washing or reconditioning of motor vehicles is offered to the public.

A dwelling inhabited by not more than six handicapped persons (as handicapped is defined by the Federal Fair Housing Act as amended from time to time). This definition does not include persons occupying a hotel, motel, bed and breakfast, halfway house, boarding house, treatment center or institution. This use involves persons functioning as a common household unit. providing nonroutine support services and oversight to persons who need such assistance to avoid being placed in an institution because of physical, mental, or developmental disability, or old age, or individuals who meet the definition of "handicap" as defined by applicable federal law. This use does not involve the on-site medical treatment or on-site care provided by a medical professional including a registered nurse.

A noninstitutional living arrangement with treatment and support services for persons with substance abuse problems or for inmates and parolees approaching parole release date or release from a corrections institution. The halfway house operates under the rules and regulations of the Pennsylvania Department of Health, Department of Corrections or similar authorities. The residents are provided full-time supervision and counseling on employment, vocations, finances and community living.

Any premises which offers its subscribers or members the opportunity to engage in a program of physical exercise or conditioning on a regular or irregular basis.

An administrative proceeding conducted by the Zoning Hearing Board of the Borough of Greencastle pursuant to Article VIII.

See "street."

A use involving the care of no more than six children (excluding children living in the home and related to the caregiver by blood, marriage, or legal adoption), located only in a single-family detached dwelling in which the caregiver resides.

An occupation conducted in a dwelling unit or an accessory structure, provided that:

An incorporated nonprofit organization operating under recorded land agreements through which:

A dwelling unit manufactured in two or more sections designed for permanent occupancy, and transported to a building site in sections which are fastened together and mounted on a permanent foundation ready for occupancy except for minor and incidental unpacking and assembly operations. When fully assembled such unit shall have a minimum body width of 20 feet and a minimum length of 45 feet exclusive of such accessory structures as patio, carport, storage shed, etc.

A building or portion thereof used on a twenty-four-hour basis for the medical, psychiatric, obstetrical, or surgical treatment of inpatients who are incapable of self-preservation which facility is licensed by the Commonwealth of Pennsylvania as a hospital facility. The term "hospital" shall not include any facility which houses the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted as a felony.

An establishment providing temporary, overnight lodging accommodations for transient guests for compensation, in sleeping rooms/units that each has separate access to a common interior corridor and which may provide additional supporting services (i.e., restaurants, meeting rooms, recreation facilities and living quarters for a resident manager or proprietor). This use does not include "motel."

See "mobile home."

An organization designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that could include physical space, capital, coaching, common services, and networking connections.

Any discarded material or article including, but not limited to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, paper, glass, containers, and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.

Any place where any junk as defined above is stored, disposed of, or accumulated.

Any of the following activities:

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.

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.

The area contained within the property lines of a lot (as shown on the plat), excluding space within all streets and within all permanent drainage easements, but including the areas of all other easements.

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

The percentage of the lot area that is occupied by the building area.

Any lot other than a corner lot.

Any boundary of a lot.

That boundary of a lot which is along an existing or proposed street right-of-way. Corner lots and through lots shall have two front lot lines.

The lot line generally opposite to the front lot line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.

Any boundary of a lot which is not a front or a rear lot line.

A lot extending between and having frontage on two generally parallel streets.

The average horizontal distance between the side lot lines, measured along the building setback line and parallel to the front lot line.

The largest area found by the projection of a horizontal plan through the livable floor area which is enclosed by the exterior walls of the building.

Any process whereby the nature, size, or shape of articles or raw materials are changed, or where articles are assembled or packaged.

Any method of treating superficial soft parts of the human body for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading or any similar treatment accomplished by hand or by the use of any instrument. (Note: this definition shall not include the treatment of any person which is based upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist.)

Any establishment, building or structure, or portion thereof, located within the Borough which is open to members of the general public, with or without the payment of a fee, at which any person, firm, association or corporation engages in or carries on the practice of massage.

Buildings for lodging, eating, and sanitary facilities, and land owned, leased, or used principally by a private, fraternal, or social organization for such activities as hunting, fishing, scouting, etc.

A structure housing commercial enterprises exclusively on the first floor and residential uses on the second and higher floors as permitted within the applicable zoning district and planned, constructed and managed as a total entity.

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 parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee, or other consideration or compensation, or a gratuity for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premises.

An establishment providing temporary, overnight lodging accommodations for transient guests for compensation in sleeping rooms/units that each has separate access directly to the outside and which may provide such additional supporting services as restaurants, recreation facilities. and living quarters for the resident manager or proprietor. This use does not include "hotel."

A building used for more than one commercial use or combination commercial-residential use. This term does not include mixed commercial/residential structures.

An area or structure involving indoor or outdoor seating or space for live performances, sports events, cultural events, meetings, or conventions (including but not limited to consumer trade shows, association conferences and meetings).

An area or structure involving indoor and/or outdoor seating or space, an assembly hall, or food service facilities, for various purposes, including but not limited to, meetings, conferences, conventions, trade shows, entertainment, performances, sporting events, and other similar events.

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."[2]

Includes cities, boroughs, first class townships and second class townships.

An establishment where objects of artistic, historical or scientific importance or interest are kept, studied, and displayed.

Any area along the one side of a rural highway where the distance between two commercial structures, establishments or uses is one measured mile or more, or any area of historic or scenic value so designated by an appropriate indication upon the Official Zoning Map which is a part of this chapter.

Refer to "No-Impact Home-Based Business," Section 107 of the Pennsylvania Municipalities Planning Code, as amended from time to time.

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.

A facility that provides skilled or intermediate nursing care, which is: professionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term-care nursing facility on an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity. The term includes the provision of inpatient services that are needed on a daily basis by the resident, ordered by and provided under the direction of a physician, and which require the skills of professional personnel, such as, registered nurses, licensed practical nurses. physical therapists. occupational therapists, speech pathologists or audiologists.

Any film or motion picture which:

The map established by the Borough Council under Article IV of the Pennsylvania Municipalities Planning Code showing the location and width of streets, highways, parkways, public parks, and playgrounds.

The particular action or process of manufacturing components or raw materials at the same particular site/locale.

An accessory use to a restaurant, tavern/bar, or other similar establishment that includes an outdoor seating component.

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money or other consideration.

A temporary storage (surface or structure) for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated right-of-way, and is located upon the same lot as a principal use or, in the case of joint parking, within close proximity.

A temporary storage (surface) for a motor vehicle within a dedicated right-of-way, excluding alleys.

Joint use of a parking area on a single lot by more than one use.

A staff or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.

A use of land, which may include accessory buildings and structures, for active and/or passive outdoor recreation for the purpose of pleasure. leisure, fellowship, or exercise, commonly involving a sporting activity, camping, hiking, jogging, bicycling, swimming, picnicking, and other related activities which is open to the public. A park may include amenities such as ballfields, tennis courts, trails. playground equipment, restrooms, picnic tables, cooking grills, and similar facilities. For purposes of this Chapter, parks shall not include uses that are considered to be commercial recreational uses.

Any person who:

Spending one night or more per month in a lodging or dwelling unit during more than four consecutive months.

A tract of land under single ownership or agreement, planned and developed as a permanent, year-round development unit, utilizing a reasonable degree of flexibility in the placement, bulk, and interrelationship of buildings and uses, while at the same time maintaining adequate overall intensity of land use, density of population, and amounts of light, air access, and open space.

Any structure intended for swimming or recreational bathing that contains water equal to or greater than 24 inches deep, including in-ground, aboveground and on-ground swimming pools, hot tubs and spas.

An establishment in which one or more persons are employed in the management, direction or conducting of business/commerce and whose staff/employees serve clients who seek advice and consultation regarding business/commerce. A business office may include the administrative, corporate or professional offices for profit. nonprofit or charitable organizations, but also includes contractors (office only, not including stock yards or tool storage areas), real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, attorneys, clergy, teachers, architects, engineers, landscape architects, planners, interior designers, insurance agents, and similar office-oriented uses.

Includes:

A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.[3]

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.

A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, house trailers, boats, boat trailers and self-propelled motor homes.

An establishment operated as a gainful business, open to the public, for the purpose of leisure time activities, public recreation or entertainment, but not limited to, gymnasium, health and fitness club, skating rink, tennis courts, assembly hall, arena, swimming pool, bowling alley, etc., hen operated within a completely enclosed building or structure or outdoors. This use includes "health club or health spa."

A lot or land or part thereof used primarily for disposal by abandonment, dumping, sanitary land fill, burial, burning, incineration or any other means for whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

A parcel of ground in separate ownership separating a street from other adjacent properties, or from other streets.

A man-made structure constructed primarily of brick, block, or stone that is designed and constructed to resist the lateral pressure of soil where there is a desired change in ground elevation that exceeds the horizontal plane to which soil can be piled without slumping. The elevation of the top of the retaining wall shall not exceed the elevation of the soil being retained by the retaining wall by more than one foot. The following figure depicts examples of retaining wall types:

An establishment that provides food and drink to patrons and that routinely involves the consumption of at least a portion of on-premise food and/or drink. A restaurant may include the accessory sale of alcoholic beverages, and carry-out and delivery services.

An establishment which sells goods or merchandise to the general public for personal and household consumption and provides accessory repair services for goods or merchandise that is similar to that which is sold on the premises and render services incidental to the sale of such goods.

A planned development designed to meet the needs of, and exclusively for, the residence of senior citizens. This use does not include uses such as "continuing care retirement facility," "nursing home" or "assisted living residence."

Wherever in this state the Borough Planning Commission or other Borough official body possesses such jurisdiction, the action of "review" shall also include "review and approval," or, if necessary, "review and disapproval."

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

Travelway. See "cartway."

Any school conducted for profit for such instruction as business, art, drama, music, handicraft, dancing, or other similar type low-impact uses conducted within a completely enclosed building.

Any public, sectarian, or private nonprofit establishment approved by the Commonwealth of Pennsylvania offering formal academic instruction and services for state-required or largely state-funded programs at the kindergarten, elementary, and secondary levels. This term shall not include those uses considered commercial schools.

Same as public or private school except that the primary activity is training in a trade or vocation, which may be conducted wholly or partially outside of an enclosed structure. This term shall not include those uses considered commercial schools.

A barrier between adjacent properties, uses, and/or zoning districts composed of a mixture of landscaping, trees, berms. shrubs, fences, walls and/or other similar type materials that is intended to mitigate negative impacts such as noise, visual, airborne issues of the more intense/dense uses and/or zoning district on the less intense/dense use and/or zoning district. Screening shall be continuously maintained as long as the use requiring the screening is located at the property. Maintenance shall include, as applicable, repairing, replacing, reconstructing, trimming, pruning, painting and other maintenance activities as necessary. Said screening shall meet the specific requirements of the Subdivision and Land Development Ordinance and any criteria set forth in this chapter.

Unless otherwise indicated, Secretary of the Borough Planning Commission.

Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in filling stations. A service station is not a repair garage nor a body shop.

A public or private utility system designed to collect, centrally treat, and dispose of sewage from customers, in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Borough, whichever may be more stringent.

Any structure designed to biochemically treat sanitary sewage within the boundaries of an individual lot.

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the genitals.[4]

Any combination of business, nonresidential establishments, and other related establishments that are permitted within the applicable zoning district, in a single building or in separate buildings that are planned, constructed, and managed as a total entity. All general shopping centers shall be located in a complex that is planned, designed, developed, owned or managed as a single unity with internal vehicle circulation (public or private) off-street parking and loading provided on the property. Provisions for goods delivery separated from customer access, pedestrian access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved land development plan and complying with the Borough of Greencastle Ordinances.

This definition is specific to the Mixed Use and Community Commercial District. All town shopping centers shall be located within a single building or in a complex that is planned, designed, developed, owned or managed as a single unit. Provisions shall be made for coordinated goods delivery, pedestrian access. aesthetic considerations, landscaping and signage. Refer to "mixed use/residential structures" definition.

The length of road visible to the driver of a vehicle at any given point in the road when viewing is unobstructed by traffic.

Any material, structure or device, or part thereof, composed of lettered or pictorial matter placed, when used or located out of doors or outside or on the exterior of any building, including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, sign boards, signs on vehicles, trailers or other mobile devices, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, strings of lights, projection signs or ground signs, and shall also include an announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or business when the same is placed in view of the general public. However, the following signs shall be excluded from the application of this chapter:

All faces of a sign measured as follows:

A sign that is located on the face of an awning that identifies the business, service or industrial enterprise or the services, products, or activities provided by a business, service, or industrial enterprise that is displayed upon the lot or premises occupied by such enterprise. The face of the awning shall only include any portion of the awning that is parallel with the face of the building to which it is attached and shall not include any diagonal, dome, barrel, or concave portion of the awning.

Any sign, symbol, trademark, structure or similar device used to identify the product made or the activity pursued by an individual, business, service, commercial or industrial enterprise which is displayed upon the lot or premises occupied by such an enterprise for the purpose of apprising the public of the location of such enterprise and the type of activity in which it is engaged.

An advertising sign, structure or symbol erected and maintained by an individual or corporation engaged in the sale or rental for profit of space thereon to a clientele of manufacturing, service or commercial enterprises, upon which space there is displayed by means of painting, posting or other method, advertising copy describing a wide variety of projects or services which are not necessarily made, produced, assembled, stored or sold from the lot or premises upon which the advertisement is displayed. This definition does not include a scoreboard.

An advertising sign or device intended to direct or point toward a place, or one that points out the way to either an unfamiliar or a known place that obviously could not be easily located without such a sign or device. Each such sign shall not exceed six square feet in total area.

Any sign or portion thereof that displays electronic images, graphics, or pictures with or without textual information, using LEDs, fiber optics, light bulbs, or other illumination devices or combination thereof within the display area, and where a static message change sequence is accomplished immediately or by means of fade.

Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light. An illuminated sign shall include lighting devices such as any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign. This definition does not include a scoreboard.

Any sign, structure or symbol erected and maintained by the Borough of Greencastle or a nonprofit corporation engaged in economic development upon which said sign, structure or symbol is utilized to dispense information, pamphlets, leaflets, magazines, guides, publications, forms and other printed material regarding the Borough of Greencastle and the surrounding area. An information kiosk shall not be illuminated.

Any sign, symbol or device erected and maintained by a state, county, or municipal governmental agency for the purpose of informing or guiding the public or for the protection and promotion of health, safety, convenience or general welfare.

Any sign which projects from the exterior of any building.

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relation of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

A field test conducted to determine the suitability of the soil for on-site sanitary sewage disposal facilities by measuring the absorptive capacity of the soil at a given location and depth.

A temporary sign that is self-supporting and freestanding with only two visible sides that is situated immediately adjacent to a business or entity, typically on a sidewalk, which contains commercial speech regarding said business or entity. A sandwich board may not be illuminated.

A scoreboard is a sign designed to provide information to spectators at athletic events that may or may not contain a permanent or temporary advertising message or public service announcements located inside an enclosed athletic field located at a property owned by a municipal entity or owned and operated by a nonprofit corporation.

A sign that is accessory to a business identification sign that identifies the services, products, or activities provided by a business, service, or industrial enterprise that is displayed upon the lot or premises occupied by such enterprise. Each service identification sign shall be no larger than 25 square feet.

A scientific survey of soil conditions and characteristics, prepared by an engineer or soil scientist and approved or certified by the Soil Conservation Service in the county.

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq.

That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or, if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and top of the roof beams.

Any space partially within the roof framing, between the top of the floor beams and the structural ceiling level, where the clear height of not more than 50% of such space is seven feet six inches or more.

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

The dividing line between a lot and a street.

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

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

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.

Any location where tattooing (method of placing designs, letter, scrolls, figures, symbols or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by aid of needles or any other instrument designed to touch or puncture the skin) is engaged in or where the business of tattooing is conducted or any part thereof. For purposes of this chapter, "tattoo parlor" falls within this definition.

An establishment which serves primarily alcoholic beverages for mostly immediate on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, but may also include the incidental sale of food. Taverns and bars shall not be construed to be a sexually oriented business and/or related use as defined within this chapter.

An establishment with a building or portion thereof devoted to the showing of movie pictures or theatrical productions on a commercial basis. This use does not include "adult motion-picture theatre."

A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

See "cartway."

A use, other than a prison or a hospital, providing housing for three or more unrelated person or outpatient services to persons who need specialized housing, treatment and/or counseling because of: criminal rehab (halfway house); current addiction to alcohol or a controlled substance that was used in an illegal manner; and/or a type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.

An educational establishment, authorized by the Commonwealth of Pennsylvania as such to award associate, baccalaureate or higher degrees, including principal uses for classrooms, libraries, auditoriums, gymnasiums, stadiums, administrative offices, dormitories and dining facilities, boarding houses, maintenance and operating facilities as well as ancillary uses (i.e. research facilities, retail services and businesses) that support student, faculty and staff needs.

A use customarily incidental and subordinate to the main use on a lot, whether such accessory use be conducted in a principal or accessory building.

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

A dismantled or nonoperable vehicle is one that does not have a current inspection sticker and current license.

An establishment used primarily for the treatment, by a veterinarian, of small animals and household pets and the outpatient treatment of large animals. No outdoor keeping or boarding of animals is permitted.

A man-made barrier consisting primarily of brick, concrete, or cinder block placed or arranged as a line of demarcation to separate or enclose different areas or uses, but not including such barriers four feet or less in height whose primary purpose is to serve as the base or foundation of a fence. The term "wall" does not include retaining wall nor does it include barriers of landscaped materials, including hedges.

A public or private utility system designed to transmit water from a common source to customers, in compliance with Pennsylvania Department of Environmental Protection regulations or regulations of the Borough, whichever may be more stringent.

A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.

An unoccupied ground area fully open to the sky between the street line or by the street line established by the official map of the Borough, or an approved subdivision plat and a line drawn parallel thereto.

An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.

An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line, and a line drawn parallel thereto between the front and rear yards.

The officially adopted Borough Zoning Ordinance with any and all amendments thereto.