ABANDONMENT
The relinquishment of property, or a cessation of the use of the property, with the intention neither of transferring rights to the property of another owner nor of resuming the use of the property.
ABUTTING, ADJOINING
Buildings which physically touch. Sharing all or part of a lot line or zoning district line in common.
ACCESS
A way or means of approach to provide vehicular or pedestrian physical entrance and exit to a property.
ACCESSORY DWELLING UNIT
See "Dwelling."
ACCESSORY STRUCTURE OR BUILDING
A structure or building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental and subordinate to the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use.
ACTIVITY
The use of land for a specific purpose.
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or specific purpose.
ADDITION
Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room or wing.
ADULT DAY CARE
A use that involves the out-of-home care and supervision of persons who are primarily over age 17; who are elderly, or physically or mentally handicapped.
ADULT REGULATED FACILITIES
An adult arcade, adult bookstore, adult novelty store, adult cabaret, adult theater, escort agency, nude model studio, or sexual encounter or mediation center, as defined below:
A.
ADULT ARCADE
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, video or laser disc players, 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."
B.
ADULT BOOKSTORE or ADULT NOVELTY STORE
An establishment having a substantial or significant portion of its stock and trade in, or an establishment which as one of its principal business purposes offers for sale or rental, any of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM discs or other computer software, and other visual representations, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and in conjunction therewith may have viewing booths or other facilities for the presentation of adult entertainment for observation by patrons; or
(2)
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
C.
ADULT ENTERTAINMENT
Includes any of the following:
(1)
An exhibition of any adult oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or
(2)
A live performance, display or dance of any type, which has as a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas or persons in a state of nudity; or
(3)
Films, motion pictures, video cassettes, 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."
D.
ADULT THEATER
A theater, tavern, banquet hall, party room, conference center, restaurant, night club, hall, auditorium, club, recreation center, indoor amusement center or similar commercial establishment which, as one of its principal business purposes, offers adult entertainment.
E.
EMPLOYEE
For this portion of the Ordinance, a person who performs any service on the premises of a Sexually Oriented Business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
F.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
G.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
H.
ESTABLISH
Includes any of the following:
(1)
The opening or commencement of any Sexually Oriented Business as a new business;
(2)
The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business;
(3)
The addition or change of any Sexually Oriented Business to any other existing Sexually Oriented Business or to a non-Sexually Oriented Business; or
(4)
The relocation of any Sexually Oriented Business.
I.
LICENSEE
A person in whose name a license to operate a Sexually Oriented Business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a Sexually Oriented Business.
J.
NUDE MODEL STUDIO
Any place where a person who appears 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 proprietary school licensed by the State 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:
(1)
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(2)
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises at any one time.
K.
NUDITY OR A STATE OF NUDITY
The showing of any part of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
L.
SEXUAL ENCOUNTER or MEDIATION CENTER
A business, agency or person which, for consideration, provides for commercial purposes a place where persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas as defined herein.
M.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely covered.
N.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
(1)
Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography: public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
(2)
For which:
(a)
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b)
Less than five years have elapsed since the date of conviction or the date or release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c)
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
O.
SPECIFIED SEXUAL ACTIVITIES
Any of the following;
(1)
The massaging, fondling, or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3)
Human genitals in a state of sexual stimulation or arousal.
P.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
(1)
The sale, lease or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal advice which transfer the ownership or control of the business, except for transfer by berquest or other operation of law upon the death of the person possessing the ownership or control.
Q.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, cubicles, stalls, compartments, rooms or other enclosures which are available to members of the public, patrons or members for viewing 1) films, movies, videos, or visual reproductions of any kind depicting or describing "specified sexual activities" or "specified anatomical areas," or 2) persons who appear in a state of nudity or who offer performances or presentations characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
AGENT
Any person, other than the applicant, who, acting as personal representative, successor, or assign for the applicant, submits to the Borough a request for the purpose of obtaining approval thereof.
AGRICULTURAL PRODUCTS SALES
The sales of goods produced through agriculture on the same tract as their production.
AGRICULTURE
The production, keeping, or maintenance, for sale, lease, or personal use, of plants and animals useful to man, including but not limited to; forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.
AIRPORT or HELIPORT/HELISTOP
Includes the following uses:
A.
AIRPORT
A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers.
B.
HELIPORT
An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing, and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment.
C.
HELISTOP
Same as heliport, but without auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A thoroughfare other than a side street, which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS
As applied to a building or structure, any change or rearrangement in the total floor area or in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, or any change in doors, windows, or means of ingress or egress, or an enlargement or diminution, vertically or horizontally, or a relocation of a building or structure from one location or position to another.
AMORTIZATION
A method of eliminating non-conforming uses by requiring the termination of the non-conforming use after a specified period of time.
AMUSEMENT ARCADE
A use offering to patrons mechanical or electrical amusement devices or games such as mechanical rides, pinball machines, ping pong, darts, shooting galleries, video games, or similar devices and games.
ANIMAL HOSPITAL
A building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
ANIMAL HUSBANDRY
The care, raising, and keeping of livestock (animals such as cattle, sheep and swine) and poultry with the intent of producing capital gain or profit or the intent of selling any livestock or poultry products, not including the keeping of livestock or poultry as pets or for domestic purposes alone.
ANTENNA
Any arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.
ANTENNA HEIGHT
The measurement of the overall vertical length of antenna and its support structure above the average finished grade. If such system is located on a building or other structure, the overall vertical length shall be measured and shall include the height of the building upon which the antenna and its structure is situated.
ANTENNA SUPPORT STRUCTURES
Any structure, mast, pole, tripod, or tower, including any guy wires and braces utilized for the purpose of supporting an antenna or antennas.
APPLICANT
A landowner, tenant with permission of such landowner, developer, or agent of these, who has filed an application for development.
ASSISTED LIVING FACILITY
Centrally managed housing, licensed as Personal Care Centers by the Commonwealth of Pennsylvania, with self-contained units designed to provide a supportive environment yet relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, and organized social activities for residents and their invited guests.
AUTOMOBILE BODY WORK
Use involving major mechanical work to vehicle bodies, chassis, wheels, fenders, bumpers, or similar accessories, and/or vehicle painting, welding or other work involving noise, glare, fumes, smoke or other noxious characteristics. For the purposes of this chapter, this shall also include closely similar repairs of boats.
AUTOMOBILE CAR WASH
A building or structure with accompanying open-air stations designed and used primarily for the automatic, semiautomatic, or hand washing, drying, polishing, and vacuuming of automobiles.
AUTOMOBILE FUELING STATION
Use involving the storage and retail dispensing of gasoline and other vehicle fuels.
AUTOMOBILE REPAIR
Use involving routine repair and maintenance service of motor vehicles, including tune-ups, tire repair, oil changes, battery replacement, state inspections, but not including major mechanical work, body work, straightening of body parts, painting, welding or other work involving noise, glare, fumes, smoke or other noxious characteristics.
AUTOMOBILE SALES (INCLUDING BOAT, AND/OR MOBILE/MANUFACTURED HOME SALES)
The display, sale or rental of new or used motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, boats or transportable mobile/manufactured homes in operable condition. Any major repair work shall be considered as a separate accessory or principal use. This use shall not include a mobile/manufactured home park or a junkyard.
AUTOMOBILE WRECKING
The dismantling or wrecking of used vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles of their parts.
AWNING
A structure, other than a canopy, made of cloth, metal or other material affixed to a building in such a manner that the structure may be raised or retracted from a building to a flat position against the building.
BANNER
A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to plastic or fabric of any kind excluding flags and emblems of political, professional, religious, educational, or corporate organizations.
BAR or TAVERN
A commercial use that involves the sale of beverages and food to the public, and in which the sale of alcoholic beverages makes up more than 50% of the total volume of sales and which does not meet the definition of a nightclub, brewpub, or tasting room/taproom, as defined herein. A commercial use that involves a lower percentage of alcoholic beverage sales shall be considered an "eating establishment."
BASELINE MONITORING REPORT
A report required in 40 CFR 403.12 to be submitted by all industrial users and waste generators subject to Categorical Pretreatment Standards.
BASEMENT, CELLAR
A space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and a half feet.
BED-AND-BREAKFAST ESTABLISHMENT
A use primarily concerned with the rental of rooms to persons on a daily rate basis as clearly transient and temporary overnight sleeping accommodations and breakfast with on-site management, within an owner-occupied dwelling or accessory building on the same lot as an owner-occupied dwelling.
BEER DISTRIBUTORSHIP
A retail or wholesale establishment licensed and regulated by the Pennsylvania Liquor Control Board, which primarily offers beer/malt beverages for sale for off-premises consumption.
BERM
A mound of soil, either natural or man-made, used to obstruct views.
BEST MANAGEMENT PRACTICES (SEWER USE)
The schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in subsection 403.5(a)(1) and (b) of Ordinance 683.[1] BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
BEST MANAGEMENT PRACTICES (STORMWATER)
A broad array of management techniques to control the quantity and quality of stormwater runoff. The concept of BMPs implies that site design will include the most suitable technique (or practice) or combination of techniques (or practices) that will best manage the anticipated stormwater flow and quality based on an evaluation of site conditions and planning requirements. BMPs are to be implemented in accordance with the most current Erosion Regulations of the Pennsylvania Department of Environmental Protection.
BEVERAGE PRODUCTION WITH TASTING ROOM AND/OR EATING ESTABLISHMENT
The brewing, distilling, or production of beer, spirits, wine, or other alcoholic beverages subject to permitting by the Pennsylvania Liquor Control Board, for on-site sale via a tasting room or eating establishment serving prepared food. May also include off-site sale or wholesale.
BEVERAGE PRODUCTION, WHOLESALE
The brewing, distilling, or production of beer, spirits, wine, or other alcoholic beverages subject to permitting by the Pennsylvania Liquor Control Board, for wholesale or sale off-site.
BILLBOARD
See "Sign, Off-Premises."
BILLING CYCLE
A billing cycle is considered to run in quarterly increments of every three months during the quarter the following is performed: meter readings entered, bills calculated and proofed, bill printed, bills mailed, receive payment, record and credit payment. Delinquents, final and new accounts are not part of this cycle.
BIOCHEMICAL OXYGEN DEMAND (BOD5)
The quantity of oxygen consumed in the biochemical oxidation of organic matter under standard laboratory conditions in five days at 20° C., expressed in terms of concentration (mg/L) and/or loading (lbs/d).
BIORETENTION STRIPS
A water quality practice that utilizes landscaping and soils to treat urban stormwater runoff by collecting it in shallow depressions before filtering it through a planting soil media.
BIOSOLIDS
The solid, semi-solid or liquid residue generated from the collection and treatment of municipal wastewater by a POTW. Sometimes referred to as "sewage sludge."
BLOCK
A tract of land bounded on one side by a street and on the other sides (normally three) by streets/alleys, railroad rights-of-way, waterways, un-subdivided areas and other definite barriers.
BOARDING HOUSE (INCLUDING ROOMING HOUSE)
A residential use in which room(s) that do not meet the definition of a dwelling are routinely rented as longer-term living quarters, customarily on a weekly or monthly basis, customarily with shared kitchen and/or bathroom facilities. A college dormitory or fraternity/sorority house shall be considered a type of boarding house.
BOROUGH
The Borough of Hanover and its government.
BUFFER AREA/YARD
An area of land separating a land use from another land use or feature and which is free of any principal or accessory building, parking, outdoor storage or any use.
BUILDING
Any enclosed or open structure, other than a boundary wall or fence, occupying more than four square feet of area.
A.
BUILDING, DETACHED
A building which has no party wall and which is surrounded on all sides by areas open to the sky.
B.
BUILDING, SEMI-DETACHED
A building which has one unpierced vertical fire-resistant party wall and which is not attached to more than one building.
C.
BUILDING, ATTACHED
A building which has two or more unpierced vertical fire-resistant party walls.
BUILDING AREA
The area of ground covered by a building or structure, enclosed or open.
BUILDING COVERAGE
The percentage of the total area of a lot covered by all buildings and enclosed structures on the lot.
BUILDING HEIGHT
The vertical distance from the average finished grade in front of a building or structure to: the highest point of a flat, shed, or mansard roof; or the average distance between the eaves and ridge level of a gable, hip, or gambrel roof.
BUILDING MATERIAL YARD
An establishment storing or offering for sale building supplies, metal supplies, lumber, stone, coal, heavy equipment, feed and grain, sand and gravel, and similar goods. This term shall not include the wrecking, salvaging, dismantling, scrapping, or storage of junk vehicles.
BUS, TAXI OR TRUCK YARD
An area of land used for the centralized storage of trucks, buses, taxicabs, or railcars or where such vehicles are congregated for the loading and unloading of goods, materials, and freight. This term shall include accessory facilities for the service and repair of vehicles involved in the normal operation and the limited warehousing of freight for no more than 30 days but shall not include passenger bus or train stations, which are considered public uses or buildings.
BUSINESS SERVICES ESTABLISHMENT
An establishment engaged in rendering services to business establishments on a fee or contract basis or to the general public on a less frequent or personal basis than provided by personal services establishments. Such enterprises may include: the service and repair of office equipment, machines, electronics, furniture, medical supplies, or commercial appliances; the printing, copy, and production of documents, signs, or banners; retail shipping and mailing services.
CARPORT
An open space for the storage of one or more vehicles in the same manner as a private garage. Any carport covered by a permanent roof shall be considered a building. If the permanent roof is attached to the principal building, it shall be considered to be part of that building.
CARTWAY
The paved area of a street utilized for motor vehicle traffic and on-street parking.
CERTIFICATE OF OCCUPANCY
A statement signed by a duly authorized Borough officer setting forth that a building, structure or use, to the best knowledge of such official, legally complies with the Zoning Ordinance, and other applicable codes and regulations and that the same may be used for the purposes stated therein.
CHANGE OF USE
Any use that substantially differs from the previous use.
COMMERCIAL/INDUSTRIAL VEHICLE
A vehicle used, constructed, constituting or equipped for the transportation of goods, wares, merchandise, tools or equipment in trade, commerce, repair or service work, or industrial operation. The storage (including overnight parking) of a commercial or industrial vehicles, except while rendering requested service to or from an existing use, constitutes a commercial or industrial use and is subject to zoning regulations.
COMMUNICATIONS ANTENNA
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 licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned Building or cabinet containing communications equipment required for the operation of Communications Antennas and covering an area on the ground not greater than 250 square feet.
COMPREHENSIVE PLAN
The official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted,[2] consisting of maps, charts, and textual material, that constitutes a policy guide to decisions about the physical and social development of the Borough of Hanover, as amended from time to time.
CONTRACTOR ESTABLISHMENT
Use primarily involved with the preparation and/or storage of materials, tools, machines, vehicles, waste, or other items related to for-hire construction, landscaping, carpentry; painting; remodeling; interior decorating or upholstering; roofing and insulation; carpeting; heating and cooling; plumbing; and other similar business activities.
CONVENIENCE STORE
A retail use, typically with a footprint below 10,000 square feet, that primarily sells magazines, lottery tickets, household goods, groceries, prepared and ready-to-eat foods, and similar miscellaneous items to the general public, with limited indoor and/or outdoor seating areas. The use may include an indoor seating area comprising no more than 20% of the gross floor area and/or an outdoor seating area.
CONVENTION HALL/BANQUET HALL
A facility, room, or outdoor area used to provide space, whether rented, leased or otherwise made available, to any person, group, or entity for an event or function, that may or may not have food and beverage service, such as a conference or meeting, seminar, retreat, trade show, party, wedding, reception, fundraiser, or other similar occasion. Convention/Banquet halls typically include multiple halls or rooms, and facilities for food preparation and serving, and administrative offices.
CORNER LOT
See "Lot, Corner."
CREMATORIUM
A facility accessory to a funeral home or mortuary containing a furnace used to reduce the deceased to ashes by burning.
CUT
An excavation. The difference between a point on the original ground and designated point of lower elevation on the final grade. Also refers to the material removed in excavation.
DAY CARE CENTER
A premises in which the supervised care of children under the age of 16 outside of the children's own home is provided at any one time for seven or more children unrelated to the operator for less than 18 hours during the average day. A child day care center must be licensed by the Pennsylvania Department of Human Services and shall follow all applicable provisions for child day care centers in Title 55, Part V, Subpart D, Article I, Chapter 3270 of the Pennsylvania Code, as amended.
DAY CARE HOME, FAMILY
A dwelling other than the child's own home, operated for profit or not-for-profit, in which the supervised care of children under the age of 16 outside of the children's own home, is provided at any one time to four, five, or six children unrelated to the operator for periods of less than 18 hours during the average day. A family day care home shall be considered an accessory use to an owner-occupied dwelling, must be licensed by the Pennsylvania Department of Human Services, and shall follow all applicable provisions for family child day care homes in Title 55, Part V, Subpart D, Article I, Chapter 3290 of the Pennsylvania Code, as amended.
DAY CARE HOME, GROUP
A dwelling other than the child's own home, in which the supervised care of children under the age of 16 outside of the children's own home, is provided at any one time to more than six but fewer than 13 children unrelated to the operator for periods of less than 18 hours during the average day. A group day care home shall be considered an accessory use to an owner-occupied dwelling, must be licensed by the Pennsylvania Department of Human Services, and shall follow all applicable provisions for group child day care homes in Title 55, Part V, Subpart D, Article I, Chapter 3280 of the Pennsylvania Code, as amended.
DENSITY
The total number of dwelling units per lot area.
DEVELOPER
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 land development or submits a development plan under the terms of this chapter.
DEVELOPMENT
Any man-made change to improved or unimproved real estate including but not limited to the construction, reconstruction, renovation, repair, expansion, or alternation of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DOMESTIC VIOLENCE SHELTER
A building offering temporary emergency housing for victims of domestic violence, counseling, and other related support services.
DONATION DROP BOX
Any portable outdoor container intended or used for the soliciting and collecting of donated textile and other salvageable personal property items such as clothing, toys, books, or shoes, which are removed from the container on a periodic basis.
DRIVE-THROUGH FACILITY
Use in which goods or services are dispensed directly to a patron in a motor vehicle and which eliminates the necessity for the patron to exit the motor vehicle.
DWELLING
A separate and self-contained living space of at least 500 square feet in area, comprised of one or more rooms used for living and sleeping purposes and having its own kitchen with fixed cooking, refrigeration and plumbing facilities, its own sanitation facilities with bath and toilet fixtures, and separate access to the outside or a to a common passageway. This chapter categorizes principal dwellings into the following use types:
A.
APARTMENT
A single dwelling unit within a multi-family building or a mixed-use building.
B.
DWELLING, SINGLE-FAMILY DETACHED
One dwelling unit in a detached building having open areas on all sides on its own lot.
C.
DWELLING, SINGLE-FAMILY SEMI-DETACHED (TWIN)
One dwelling unit in a semi-detached building adjacent to another dwelling unit, each on their own lot and having open areas on all other sides. This use is commonly known as a "twin."
D.
DWELLING, SINGLE-FAMILY ATTACHED (ROWHOUSE)
One dwelling unit in an attached building adjacent to other dwelling units, with each dwelling unit on its own separate lot and having open areas to the front and rear. (In a row, the end units may have open space to one side.) This use is commonly known as a "rowhouse" or "townhouse."
E.
DWELLING, TWO-FAMILY DETACHED (DUPLEX)
Two dwelling units in a single detached building on a single lot, with the dwelling units arranged either side by side or one on top of the other. This use is commonly known as a "duplex."
F.
MULTI-FAMILY BUILDING
A single building on a single lot, containing three or more dwelling units or apartments, each with access to the outside or a to a common passageway, lobby, or corridor, either leased or sold for condominium ownership.
EATING ESTABLISHMENT
A public eating place primarily offering sit-down counter, table, and/or takeout service of custom-prepared foods for on-premises consumption or carryout. An eating establishment shall not meet the definition of a bar or tavern or a nightclub, as defined herein.
EMPLOYEES
The highest number of compensated workers, including both part-time and full-time, present on a lot at any one time during the average week.
ENTERTAINMENT OR RECREATION FACILITY, INDOOR
A use that provides recreation, entertainment, or instruction within an enclosed facility, including but not limited to amusement arcades, bowling alleys, escape rooms, fitness training, indoor athletic courts, ice rinks, roller skating rinks, indoor batting cages, indoor golf, indoor playing fields, indoor swimming pools, indoor play structures, martial arts studios, dance studios, and music studios, but not including convention/banquet halls, theaters, or nightclubs, as defined herein.
ENTERTAINMENT OR RECREATION FACILITY, OUTDOOR
A use where the principal activity involves the provision of primarily outdoor recreational, amusement, and leisure activities, such as, but not limited to: tennis courts, sand volleyball courts, miniature golf courses, driving ranges, batting cages, playing fields, and outdoor swimming pools.
FAMILY
Any number of individuals living and cooking together as a single housekeeping unit, including not more than three unrelated individuals. The term "unrelated individual" shall include any individual who is unrelated by blood, marriage, legal adoption or foster relationship to any other individual in the dwelling unit. A family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
FENCE
Any freestanding structure erected for the purpose of screening or dividing one property from another to assure privacy or security, or to define and mark the property line. For the purpose of this chapter a freestanding masonry wall when so located is considered to be a fence.
FLOODPLAIN
Unless otherwise specifically stated, includes the entire 100-year floodplain.
FLOOR AREA, CUSTOMER
All floor areas relegated to use by the customer and/or the business employee to consummate sales or service; including display area used to indicate the variety of goods available for the customer, but excluding office space, storage space and other general administrative areas.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, including any basement space but excluding any space where the floor-to-ceiling height is less than eight feet.
FLOOR AREA, NET
The total of all floor areas of a building, excluding stair-wells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FOOD TRUCKS
Readily movable, motorized wheeled vehicle or towed wheeled vehicle, designed and equipped to prepare and serve food and non-alcoholic beverages.
FORESTRY
Managing and using, for human benefit, the natural resources that occur on and in association with forestlands, including trees, other plants, animals, soil, and water. This term includes, but is not limited to, the planting, cultivating, harvesting, transporting, and selling of trees for commercial purposes which does not involve any land development.
FRONTAGE
The horizontal or curvilinear distance along the street line upon which a lot abuts.
FUNERAL HOME OR MORTUARY
A business establishment approved by the State Board of Funeral Directors and operated by a licensed funeral director (as defined in Title 49, Chapter 13 of the Pennsylvania Code) which provides services for preparing the deceased humans or animals for burial or cremation and which may include rooms for viewings and ceremonies.
GARAGE, PRIVATE
An accessory building for the storage of one or more motor vehicles and/or other personal property owned and used by the owners or tenants of the lot for a purpose accessory and incidental to the primary use of the lot premises, provided that no business, occupation, or service is conducted within the structure unless as allowed as a home occupation.
GARDEN APARTMENT COURT
A development consisting of one or more multi-family buildings with common parking facilities, yards, or open space.
GOVERNING BODY
The Borough Council of Hanover Borough, York County, Pennsylvania.
GROUND FLOOR
The floor of a building nearest the front grade of the building.
GROUP CARE FACILITY
A living arrangement that may or may not be restricted by identified age(s) of residents who are primarily unrelated persons, whereas said arrangement provides dwelling units for residents of varying abilities of mobility and/or disability and on-site supervision and assistance available to the residents on an occasional, as-needed basis and which may include certain design features associated with resident needs that are not customary to conventional dwelling units, such as, but not limited to, emergency call systems, common dining facilities, common laundry facilities, minimal housekeeping services, cognitive support services and/or memory care, common leisure and recreational facilities, transportation services, and similar supporting services for residents. A group care facility shall include such supportive living arrangements that do not meet the definition of a group home, halfway house, nursing or convalescent home, or retirement home, as defined herein, or of any other residential use, nor shall it meet the definition for a hospital.
GROUP HOME
A dwelling in which no more than eight unrelated persons, each of whom is handicapped (disabled) within the meaning of the Fair Housing Act (Title 42, Chapter 45, Subchapter II, Section 3601, et seq. of the United States Code), live together as a single, non-transient household unit (i.e., a "family," as defined herein), with such non-resident staff as may be needed to assist the residents with their daily life activities. To be considered a single, non-transient household unit, all residents must have common use of and access to all living areas, eating areas, bathrooms and food preparation and serving areas. A group home shall follow all applicable provisions for "Division C-3 occupancy" in Title 34, Part I, Chapter 56 of the Pennsylvania Code, as amended. If serving a psychiatrically disabled population, the group home must be licensed by the Pennsylvania Department of Human Services and shall follow all applicable provisions for Community Residential Rehabilitation Services (CRRS) in Title 55, Part VII, Subpart E, Chapter 5310 of the Pennsylvania Code, as amended. Group homes shall not include uses that meet the definition of "halfway house." The term "group home" excludes residences or homes for persons with current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. § 802), alcoholism or drug addiction, work-release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration, except to the extent that such groups constitute "handicapped" persons, within the meaning of the Fair Housing Act.
HALFWAY HOUSE
A dwelling occupied on a short-term basis by no more than eight unrelated persons assigned by a court of law or who are self-referred or referred by a public, semipublic, or nonprofit agency, for the purposes of recovery from alcoholism or drug addiction, community re-entry or work-release following incarceration, court-ordered assignment as an alternative to incarceration, or any other short-term supervised arrangement to the extent that such persons is not considered handicapped (disabled) within the meaning of the Fair Housing Act (Title 42, Chapter 45, Subchapter II, Section 3601, et seq. of the United States Code). A halfway house shall follow all applicable provisions for "Division C-3 occupancy" in Title 34, Part I, Chapter 56 of the Pennsylvania Code, as amended, and shall be managed by a public, semipublic, or nonprofit agency responsible for the occupants' care, safety, conduct, counseling, and supervision. If serving persons in recovery from alcoholism or drug addiction, the halfway house shall follow all applicable provisions for transitional living activities and halfway houses in Title 28, Part V of the Pennsylvania Code, as amended.
HEIGHT
The vertical distance from the average finished grade in front of the building or structure, where the measurement is taken to:
A.
The top of the highest roof beams on a flat or shed roof;
B.
The deck level on a mansard roof; and
C.
The average distance between the eaves and the ridge level for gable, hip and gambrel roofs.
HOME OCCUPATION
An activity, carried out for gain, conducted within a dwelling unit or accessory building of a residential use, the conduct of which is clearly incidental and secondary to the primary residential use of the lot, but where said activity does not meet the definition of a no-impact home-based business. Family and group day care homes, as defined herein, are considered home occupations.
HOME-BASED BUSINESS, NO-IMPACT
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to a primary residential dwelling use and which does not involve 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.
HOSPITAL
An institution established for the primary purpose of providing diagnostic, therapeutic, or rehabilitative services to inpatients who are injured, disabled, pregnant, diseased, sick, or mentally ill, with such services provided by the care of physicians and an organized medical staff. In addition to inpatient services, a hospital may involve medical research, training for health care professions, offices for the examination or treatment of persons as outpatients, as well as cafeterias, retail gift stores, and other accessory uses.
HOTEL OR MOTEL
A use in a non-owner-occupied building or buildings, with on-site management, primarily concerned with the rental of rooms to persons on a daily rate basis as clearly transient and temporary overnight accommodation. A hotel is defined as rental rooms accessed via interior common hallways while a motel is defined as having rental rooms accessed via individual exterior access. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a boarding house rather than a hotel or motel. Uses that typically accompany hotel uses, such as restaurants or convention/banquet halls, are considered separate uses.
ILLUMINATION
The constant supply of light, allowing visibility in dim or dark conditions.
IMPERVIOUS COVERAGE
The total of impervious surfaces on a lot divided by lot area.
IMPERVIOUS SURFACE
A surface that does not absorb rain; includes all buildings and other structures, parking areas, driveways, roads, sidewalks, paved storage areas, and areas of concrete and nonporous asphalt, water surfaces of swimming pools, and other such areas as shall be determined to be nonporous by the Borough Council and/or Borough Engineer.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike, floodgate, or other barrier.
IMPROVED PROPERTY
Any parcel, property, or lot with a use, on-lot improvement or occupied building that generates, or is capable of generating, wastewater.
IMPROVEMENTS
Those physical additions, installations and changes required to render land suitable for the use intended, including grading, paving, curbing, street lights and signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and other public utilities and street shade trees.
IMPROVEMENTS, PUBLIC
Streets, pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and plantings, and other items required for the welfare of the property owners and the public.
INDUSTRIAL LAUNDRY OR DYEING FACILITY
A building, portion of a building, or premises used or intended to be used for cleaning of fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in volatile solvents including, but not limited to, solvents of the petroleum distillate type, and/or the chlorinated hydrocarbon type, and the processes incidental thereto.
INDUSTRIAL USE
Includes manufacturing, distribution, warehousing and other operations of an industrial and not primarily a commercial or residential nature.
INTERIOR LOT
See "Lot, Interior."
JUNK
Any discarded materials, machinery, scrap metals, appliances, articles or objects possessing value in part, gross or aggregate, and including but not limited to scrapped motor vehicles and parts thereof, including motor, bodies of motor vehicles and vehicles that are inoperable or do not have a current and valid inspection sticker as required by the Pennsylvania Vehicle Code, but not including garbage or other organic waste or farm machinery provided said farm machinery is used in connection with a bona-fide farming/agricultural operation.
JUNKED VEHICLE
Includes any vehicle or trailer that meets any of the following conditions:
A.
Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs.
B.
Cannot be towed, in regards to a trailer designed to be towed.
C.
Has been separated from its axles, engine, body or chassis, and/or
D.
Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.
JUNKYARD
Any place where junk, as defined herein, is stored, recycled, disposed of, accumulated, or maintained. Any premises having more than one unlicensed, uninspected, wrecked, or inoperable automobiles or other vehicles thereon shall in any event be deemed a "junkyard"; provided, however, that any automobile sales lot or garage which is licensed or franchised as such may store upon premises, for a period not to exceed 30 days, up to three junked automobiles at any one time to be upon such premises. Should such automobile sales lot or garage have a junked automobile upon the premises for more than 30 days or in excess of the permitted number of junked automobiles, the premises shall be deemed a "junkyard" under the terms of this chapter.
KENNEL
Any facility in which more than four dogs, cats, other domesticated animals typically kept as pets, or any combination thereof, of which animals are six months old or older, are kept, bred, trained, or boarded, whether for profit or not. This term does not include an establishment engaged only in dog grooming or dog training.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any other purpose involving:
(1)
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2)
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
C.
Land development shall not include:
(1)
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; or
(2)
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LANDFILL
See "Sanitary Landfill."
LANDOWNER
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 authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPED OPEN SPACE
At-grade area within a lot planted and maintained with groundcovers, perennials, annuals, shrubs, trees and other live vegetation.
LOADING SPACE
An off-street space on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on or has access to a street.
LOT
A designated parcel, tract, or area of land established by a plat or other recording, with its own distinct boundaries, held in single or separate ownership.
A.
LOT, CORNER
A lot with two adjacent sides abutting on streets which has an interior angle of less than 135 degrees at the intersection of the two street lines. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.
B.
LOT, FLAG
A lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.
C.
LOT, INTERIOR
A lot other than a corner lot.
D.
LOT, NON-CONFORMING
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
E.
LOT, THROUGH/DOUBLE FRONTAGE
A lot with front and rear street frontage.
LOT AREA
The area contained within the property lines of a lot excluding space within any street right-of-way, but including the area of any easement.
LOT DEPTH
The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.
LOT LINES
The boundary lines of a lot, as defined herein, including the following terms:
A.
REAR LOT LINE
Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is itself a street line. In the case of a through lot with secondary frontage on an alley, that line shall be considered a rear lot line. In the case of a corner lot, the addressed street of the house will determine the rear lot line. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line further from any street shall be considered a rear lot line.
B.
SIDE LOT LINE
Any lot line that is not a street line or a rear lot line. In the case of a corner lot with secondary frontage on an alley, the line against the alley shall be considered a side lot line.
C.
STREET LINE
A line defining the edge of a street right-of-way and separating the street from abutting property or lots. Commonly known as the "street right-of-way line."
LOT OF RECORD
A lot that has been recorded in the Office of the Recorder of Deeds of York County, Pennsylvania.
LOT WIDTH
The distance measured between the side lot lines at the edge of the required right-of-way line. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and directly opposite property line.
MANUFACTURED HOUSING
Any structure designed primarily for residential occupancy, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation of assembly and installation on the building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction.
MANUFACTURING
The processing and/or converting of raw unfinished and/or finished materials or products into articles or substances of different character or for a different purpose. This term includes, but is not limited to, food and pharmaceutical processing; manufacture of furniture, textiles, leather, rubber, paper, fabricated metals, machinery and glass; stone and clay processing; printing, polishing, photography, and related industries; instrument, tool and die, and wood fabrication; metal welding; assembly of electronics; plastic goods manufacture and molding; and other related industries.
MARQUEE
A permanent, roof-like structure, supported by a wall of a building, but having no relationship to the roof structure, generally designed and constructed for protection against weather.
MEDICAL AND DENTAL CLINICS AND LABORATORIES
A use involving the treatment and examination of patients by state-licensed physicians, dentists, or other health care professionals, including mental health care professionals, provided that no patients shall be kept overnight on the premises. This use may involve the laboratory testing of tissue, blood, or other human materials for medical or dental purposes.
MEDICAL MARIJUANA
Marijuana for certified medical use in the Commonwealth of Pennsylvania as set forth in Act No. 16 of 2016, also known as the "Medical Marijuana Act."[3]
MEDICAL MARIJUANA DISPENSARY
The use of a premises by a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a legal permit issued by the Pennsylvania Department of Health, to dispense medical marijuana in accordance with Act No. 16 of 2016, also known as the "Medical Marijuana Act."
MEDICAL MARIJUANA GROWER/PROCESSOR
The use of the premises by a person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, holding a legal permit from the Pennsylvania Department of Health, to grow and/or process medical marijuana, with all growing and processing activity to be conducted indoors.
MIXED-USE
A single lot and/or single building that contains multiple principal uses and does not meet the definition of a shopping center, mall, or plaza, as defined herein.
MOBILE HOME
A transportable, single-family detached dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into a single integral unit capable of again begin separated for repeated towing or moving, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations.
MOBILE HOME LOT
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, which is leased by the park owner to the occupant(s) of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
MUNICIPALITIES PLANNING CODE (MPC)
The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted.[4]
MUNICIPALITY
The Borough of Hanover, York County, Pennsylvania.
NATURAL FEATURE
A component of a landscape existing or maintained as part of the natural environment and having ecologic value in contributing beneficially to air quality, erosion control, groundwater recharge, noise abatement, visual amenities, growth of wildlife, human recreation, reduction of climatic stress or energy costs. Such features include those of which, if disturbed, may cause hazards or stress to life, property, or the natural environment.
NIGHTCLUB
A bar or tavern which frequently offers live entertainment and/or dancing.
NON-CONFORMING BUILDING/STRUCTURE
A building, structure, or part of a building or structure which does not conform to one or more of the applicable area, siting, or bulk regulations of the zoning district in which it is located, on the effective date of this chapter or as a result of a subsequent amendment thereto, where such building or structure was lawful prior to enactment of the chapter or amendment.
NON-CONFORMING LOT
A lot of which the area or dimension was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NON-CONFORMING SIGN
Any sign, lawfully existing on the effective date of an ordinance or an amendment thereto, which does not conform to all the standards and regulations of the adopted or amended ordinance.
NON-CONFORMING USE
A use which does not comply with the applicable use provisions in this chapter or amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of the chapter or amendment.
NON-CONFORMITY
Any aspect of a land use that does not comply with any use, size, height, bulk, setback, distance, landscaping, coverage, screening, or any other use, design, or performance standard specified by this chapter, where such non-conformity lawfully existed prior to the adoption of this chapter or amendment thereto.
NURSERY/GARDEN CENTER
A retail and/or wholesale establishment where trees, shrubs, vines, flowers, and other live plants are sold, including the buildings, structures, and equipment customary to the indoor and/or outdoor cultivation and sale of such live plants.
NURSING OR CONVALESCENT HOME
A facility with sleeping rooms that provides either skilled or immediate nursing care or both levels of care for two or more aged or disabled patients, who are unrelated to the licensee, for a period exceeding 24 hours. A nursing home must be licensed by the Pennsylvania Department of Health and shall follow all applicable provisions for long-term care nursing facilities in Title 28, Part IV, Subpart C of the Pennsylvania Code, as amended.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Planning Code.
ON-SITE
Located on the lot in question.
ON-STREET PARKING SPACE
A parking space that is located on a dedicated street right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OVERLAY DISTRICT
A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone.
OWNER OCCUPIED OR OCCUPIED BY OWNER
A dwelling unit that is the primary, permanent residence and domicile of a natural person who is identified as the owner or one of the owners on the deed for the property. In order for a dwelling unit to be considered owner occupied, the dwelling must be considered the domicile of the record owner or at least one of the record owners under Pennsylvania law, and the owner must physically reside in the dwelling not less than six months each calendar year, and the owner cannot be registered to vote at any other address, and the owner must use the dwelling at the owner's address for payment of taxes including, but not limited to, earned income taxes.
PARCEL
A lot, or contiguous group of lots in single ownership or under single control, and usually considered a unit for purposes of development.
PARKING GARAGE
A building or covered structure other than a private garage used for the storage or parking of motor vehicles.
PARKING LOT
An surface area other than a driveway used for the off-street parking of motor vehicles.
PARKING SPACE
The area required for parking one motor vehicle.
PARTY WALL
A common shared wall between two separate structures, buildings, or dwelling units.
PATIO
An area intended for outdoor use that is paved or covered with brick or similar material and is flush with the ground.
PERSON
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PERSONAL SERVICE ESTABLISHMENT
An establishment that provides a service oriented to personal needs of the general public and which may involve minimal retail but not wholesale sales or services to businesses. Personal services establishments include, but are not limited to, barber and beauty shops, health spas, tanning salons, optometrists' offices, photography studios, travel agencies, tax preparation services, shoe repair shops, household appliance repair shops, and other similar establishments, but shall not include any adult regulated facilities as defined herein.
PERVIOUS SURFACE
Materials that permits full or partial absorption of stormwater.
PLACE OF ASSEMBLY/WORSHIP
A facility owned by a not-for-profit entity that is designed for the indoor assembly or meeting of persons for religious, civic, political, educational, or social group purposes, where recreation, amusement, or dining may occur as accessory activities. A place of assembly/worship may also include, as accessory uses, administrative offices, day care centers, rooms for training or education, rectories, convents, seminaries, and shrines. Examples of places of assembly/worship include churches, fraternal lodges, ethnic clubs, and labor union halls. Convention or banquet halls as defined herein are considered a separate use.
PLANNING AGENCY
The Planning Commission of Hanover Borough.
PLANNING AGENCY STAFF
The Borough Engineer, Zoning Officer and/or other personnel retained by the Planning Commission.
PRE-APPLICATION CONFERENCE
An initial meeting between developers and Zoning Officer and/or Borough Engineer which affords developers the opportunity to present their proposals informally.
PREPARED FOODS
Foodstuffs and/or drinks which have been cooked, changed, cleaned or otherwise altered for public consumption.
PRINCIPAL BUILDING
A building in which the principal use is conducted.
PRINCIPAL USE
The primary or predominant use of any lot or parcel of land.
PRIVATE
Not publicly owned, operated or controlled.
PRIVATE OR NON-PUBLIC STREET
A non-public right-of-way which provides vehicular access to one or more lots, including, but not limited to streets maintained by private agreements, by private owners, or for which no municipal maintenance responsibility has been established.
PROFESSIONAL ARCHITECT
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of architecture.
PROFESSIONAL ENGINEER
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed and registered as a professional land surveyor as defined and set forth in this chapter; however, a professional engineer may perform engineering land surveys.
PROFESSIONAL LAND SURVEYOR
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying. A professional land surveyor may perform engineering land surveys but may not practice any other branch of engineering.
PROFESSIONAL LANDSCAPE ARCHITECT
Means an individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of landscape architecture.
PROFESSIONAL OCCUPATION
The practice of, including but not limited to, a profession by an attorney, physician, surgeon, osteopath, chiropractor, dentist, optician, optometrist, chiropodist, engineer, surveyor, architect, landscape architect, or city planner entitled to practice under the laws of the Commonwealth of Pennsylvania.
PROFESSIONAL OFFICE
Include but are not limited to offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, physicians, lawyers, clergymen, teachers, dentists, architects, engineers, insurance agents, opticians, banks, financial institutions, contractors (excluding storage) and similar office-oriented uses.
PUBLIC
Owned, operated or controlled by a governmental agency (federal, state, county, or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Department of Education).
PUBLIC AND OTHER TRANSMISSION AND DISTRIBUTION FACILITIES
Public, semi-public and private utility transmission and distribution facilities including substations, pump stations, booster facilities, etc.
PUBLIC BUILDING (PUBLIC SERVICES)
See "Public Uses and Buildings."
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or Planning Agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC NOTICE
Notice required by the PA Municipalities Planning Code.
PUBLIC PARK/RECREATIONAL FACILITY/GROUNDS
Land and/or facilities that are owned by the Borough or another government agency and are available for use by the general public for leisure and recreation.
PUBLIC STREET/ROAD/RIGHT-OF-WAY
A street/road/right-of-way ordained or maintained or dedicated and accepted by a Borough, City, Township, County, State or Federal governments and open to public use.
PUBLIC USES AND BUILDINGS
Includes public and semi-public uses of welfare and educational nature, such as schools (public and private), parks, fire stations, municipal buildings and municipal garages.
PUBLIC UTILITY
A use, including any buildings and structures, regulated by the Pennsylvania Utility Commission or other governmental agency as performing a public service.
RAILROAD YARD
An area designated for the servicing, maintenance and/or storage of rail line facilities and equipment.
RECREATION AREA, ACTIVE
Any area developed in such a manner as to be conducive to those activities that fall within the range of sports or other active recreation. Examples: athletic fields and hard-surfaced courts, pools, large dams, bicycle and walking trails, open turf areas, and apparatus areas.
RECREATION, AREA, PASSIVE
Any area developed in such a manner as to be conducive of those activities that fall within the range of passive recreation. Examples: scenic vistas, natural areas, craft areas, meeting areas, sitting areas, walkways, sunbathing, gardens, streams and impoundments, social events, picnicking, and spectating areas.
RECREATIONAL VEHICLE
A vehicle, regardless of size, which is designated as a temporary dwelling or for recreation and not primarily for transportation. A recreational vehicle may be designed to be self-propelled, towed or carried by another vehicle. A recreational vehicle includes travel trailers, motor homes, all-terrain vehicles, snowmobiles and watercraft with hulls longer than eight feet.
RECYCLING FACILITY
A facility in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal, plastic, Styrofoam, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
RESEARCH TESTING/EXPERIMENTAL LABORATORY
Including experimental study, testing and analysis of soils, medicines, new technology, products and similar items and areas of research.
RESIDENTIAL RENTAL UNIT
1) a dwelling unit let for rent, or 2) a rooming unit, or 3) a bed-and breakfast establishment, or 4) a short-term rental, or 5) an accessory dwelling unit, or 6) a dwelling unit that is not occupied by the owner, is a residential rental unit. Each individual townhouse dwelling, each individual apartment unit, each individual unit in a multi-family building, each individual bed-and-breakfast establishment, each individual rooming unit, and each individual short-term lodging accommodation shall be considered a residential rental unit whether the owner or a relative of the owner also resides in the structure. A residential rental unit includes dwelling units under lease-purchase agreements or long-term (greater than six months) agreements for sale. A residential rental unit shall not include a hotel/motel as defined herein or a hospital room utilized for medical services.
RETAIL ESTABLISHMENT
A use in which merchandise is sold or rented to the general public, but not including sales of motor vehicles or boats, auto fueling, auto repair, adult movie theater, adult bookstore.
RETIREMENT HOME
A facility licensed by the state designed to serve the housing needs of older persons in a continuum of care environment through facilities which relate both to dependent and independent persons; such facilities may include independent living units, sheltered care units, nursing care units and related support services.
RIGHT-OF-WAY
Land reserved for the public or others for use as a street or other purpose.
SATELLITE ANTENNA
A ground-based reflector, usually parabolic, together with any pedestal and any other attachments and related structures or parts, intended for use to receive electronic signals from a satellite.
SCHOOL
A use offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCREENING
The provision of a barrier to visibility, air borne particles, glare and noise between adjacent properties uses and/or districts composed entirely of berms, trees, shrubs, sight-tight fences, walls and/or other similar type constructions.
SELF-STORAGE FACILITY, EXTERIOR (MINI-STORAGE WAREHOUSES)
A facility located in one or more buildings providing for the rental or lease of individual separate-access enclosed storage units accessed from the outdoors, where household items or recreational equipment may be stored and retained by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility.
SELF-STORAGE FACILITY, INTERIOR
A facility located in one building providing for the rental or lease of individual separate-access enclosed storage units accessed exclusively from indoor corridors, where household items or recreational equipment may be stored and retained by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility.
SETBACK
An area defined by a distance measured from a lot line within which buildings or structures shall not be located, except as permitted. Exceptions permitted in the building setback include open or covered steps, uncovered patios or terraces, "Bilko" basement entrance doors, cornices, and other ornamental features projecting from the walls of the building or structure.
SHOPPING CENTER, MALL, OR PLAZA
A group of commercial uses/buildings planned and designed to function as a unified commercial center, serviced by on-site shared parking and loading facilities, utilities, and internal vehicular and/or pedestrian circulation.
SHORT-TERM RENTAL
Any dwelling unit owned or managed by a local person, firm, or corporation which is rented or leased for the purpose of overnight lodging for a period of 30 days or less, and which meets the definition of "Hotel" for the purpose of imposing an excise tax by York County. Units must adhere to the Borough of Hanover Zoning Ordinance, Short-term rental, § 370-445, and have a valid a short-term rental license as issued by the Borough of Hanover. A short-term rental unit may be owner occupied unless it occurs in the R-1 Lower Density Residential District (outside of the Short-Term Rental Overlay) in which case it must be owner occupied. If the owner is not occupying and is not local, the short-term rental must be managed by a local property firm or corporation.
SIGHT DISTANCE
The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
SIGN
Any object, display or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design symbols, fixtures, colors, illumination, or projected images. The term "sign" does not include the flag or emblem of any nation, organization of nations, state, political subdivision thereof, or any fraternal, religious or civic organization; works of art which in no way identify a product or business; scoreboards located on athletic fields; or religious symbols.
SIGN SETBACK
The shortest horizontal distance from the property line or right-of-way to the nearest point (leading edge) of the sign or its supporting member, whichever is nearest to the property line or right-of-way.
SIGN, ABANDONED
A sign erected on, or related to, the use of a property which becomes vacant and unoccupied for a period 12 months or more, or any sign which relates to a time, event, or purpose which is past.
SIGN, ADVERTISING
A sign, other than a directional sign which directs attention to or communicates information about a business, commodity, service, or event that exists or is conducted, sold, offered, maintained or provided at a location other than the premises where the sign is located. Any advertising sign allowed under this chapter may display either a commercial or noncommercial message.
SIGN, AWNING
A sign attached to, painted, or printed onto an awning, of the hinged, roll, or folding type.
SIGN, BUSINESS
A sign directing attention to a business, commodity, or service conducted, sold, or offered upon the same premises as those upon which the sign is maintained. This includes signs that identify or advertise home occupations.
SIGN, CANOPY
A sign attached to, painted, or printed onto a canopy. For the purposes of the Ordinance, the permitted size of a canopy sign will be calculated on the basis of the size of the building wall parallel, or substantially parallel, to a street. It will, for measuring purposes, be considered a wall sign.
SIGN, CONSTRUCTION
A sign placed at a construction site identifying or announcing the project or the name of the architect, engineer, contractor, financier, or others involved in the development of the project.
SIGN, DIRECTIONAL
A sign fronting on a road containing only the name of the principal use, directional arrow and mileage to the principal use. Such principal use shall not be visible to the motorist at the location at which the sign is placed.
SIGN, DIRECTORY
A sign which identifies the names and locations of occupants or the use of a building or property.
SIGN, FLASHING
A sign that uses an intermittent or flashing light source or windblown and/or mechanical moved reflective material to attract attention.
SIGN, FREESTANDING
Any sign that is not affixed to a building and is securely and permanently mounted in the ground. Such sign may include a ground, pole or monument sign.
SIGN, GOVERNMENT
Any temporary or permanent sign erected and maintained for any government purposes other than signs placed on the premises of a publicly owned building, structure or other land use, designed to identify to the public and land use. Examples of government signs include speed limit signs, city limit signs, street name signs, and traffic signs. Conversely a sign placed on a public building such as library, school or public safety building, which identifies said building, shall not be considered a government sign.
SIGN, GROUND MOUNTED
Any sign which extends from the ground or which has supports which places the bottom thereof less than two feet from the ground directly beneath the sign.
SIGN, IDENTIFICATION
A sign which displays only the name, address, and/or crest, or insignia, trademark, occupation or profession of an occupant or the name of any building on the premises.
SIGN, INCIDENTAL
A sign used in conjunction with equipment or other functional elements for a use or operation. These shall include, but not be limited to drive through window menu boards, and signs on automatic teller machines, gas pumps, vending machines, or newspaper delivery boxes.
SIGN, INSTRUCTIONAL
An on-premises sign designed to guide vehicular and/or pedestrian traffic by using such words as "Entrance," "Exit," "Parking," "One-Way," or similar directional instruction, but not including any advertising message. The name or logo of the business or use to which the sign is giving direction may also be included on the sign.
SIGN, LIGHTED
A sign illuminated by light cast upon the sign from an external light source.
SIGN, LOGO
A sign used by the Pennsylvania Department of Transportation on limited access highways to direct motorists to nearby businesses and services. NOTE: Logo signs are replacing billboards on interstate highways.
SIGN, LUMINOUS
A sign illuminated through the use of phosphorescent or luminescent paint or materials.
SIGN, MARQUEE
Any sign attached to a marquee for the purpose of identifying a movie theater or similar place of entertainment.
SIGN, OFF-PREMISE
A sign that draws attention to or communicates information about a business, service, commodity, that exists or is conducted, sold, offered, maintained or provided at a location other than the premises where the sign is located.
SIGN, ON-PREMISE
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.
SIGN, POLE
A detached sign erected and maintained on a free-standing frame, mast, or pole and not attached to any building but not including ground mounted signs. The bottom of such signs shall be greater than three feet from the ground directly beneath the sign.
SIGN, POLITICAL
Any temporary sign pertaining to political views, an individual seeking election or appointment to a public office, or a forthcoming public election or referendum.
SIGN, PORTABLE
Any sign not permanently attached to the ground or other permanent structure, including those signs which may be transported to the site on wheels or a truck; signs constructed as or converted to an A or T-frame sign; or umbrellas used for advertising purposes. Such sign, whether or not bolted to the ground, shall nonetheless be deemed to be a "portable sign."
SIGN, PROJECTING
Any sign other than a wall, awning, canopy, or marquee sign, which is affixed to a building and is supported only by the wall on which the sign is mounted.
SIGN, PUBLIC INTEREST
A sign on private property that displays information pertinent to the safety or legal responsibilities of the general public such as "Warning" and "No Trespassing" signs.
SIGN, REAL ESTATE
A sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.
SIGN, ROOF
A sign erected or maintained in whole or in part upon or over the roof or parapet of a building.
SIGN, SANDWICH OR INVERTED "V"
A sign designed to advertise specials or sales occurring on the same day as their placement.
SIGN, TEMPORARY
A sign intended for short-term use, such as a promotional sign, including signs pertaining to business events, community events, political issues, an individual seeking public office, or a forthcoming public election.
SIGN, VEHICULAR
Signs on parked vehicles visible from any street where the sign on the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purposes of this chapter vehicular signs shall not include business logos, identification or advertising on vehicles primarily used for other transportation purposes.
SIGN, WALL
Any sign directly attached to an exterior wall of a building or dependent upon a building for its support with its exposed face parallel or approximately parallel to the plane of the building or structure on which it is placed. Signs directly painted on walls shall be considered wall signs.
SIGN, WINDOW
A temporary or permanent sign, which is oriented to the public right-of-way and is located on the inside or outside of a window.
SITE PLAN
An accurately scaled drawing that illustrates the existing conditions on a land parcel as well as depicting details of a proposed development.
SKILLED HEALTH CARE FACILITY
A skilled care facility is any premises in which nursing care and related medical or other health services are provided, for a period exceeding 24 hours, for two or more individuals, who are not relatives of the operator and not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity need such care.
SOLAR ENERGY
Radiant energy (direct, diffuse, and reflected) received from the sun.
SOLAR ENERGY SYSTEM
Any system, designed, assembly or device which is used to collect, store, and distribute energy derived from the sun for the purpose of heating or cooling the interior spaces of buildings or for heating domestic hot water. Solar energy systems may include but are not limited to solar collectors, solar reflectors, heat storage tanks, south facing double glazed window walls, attached south facing greenhouses utilizing double glazing, and architectural overhangs for blocking sunlight on south facing windows.
SOLID WASTE
Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, public, household or commercial activities, but not including substances that are legally accepted and disposed of into the air or water through a federal pollution discharge permit, nor paper, cardboard, aluminum, scrap metal or glass that is clearly intended to be recycled.
A.
For the purposes of this chapter, the following wholly natural and biodegradable materials shall not be considered to be solid waste unless the materials are disposed of in such a way that a hazard is created to the public health and safety: portions of trees or shrubs, leaves, mulch, grass clippings, rocks, brick, cinder block and concrete. These materials shall be defined as "clean fill." Brick, cinder block and concrete may, however, meet the definition of "junk" if not properly disposed of or stored.
B.
For the purposes of this chapter, customary residual wastes from an approved mineral extraction use shall not be considered to be solid waste.
SOLID WASTE FACILITY
A state-permitted use where solid waste is processed, sorted, incinerated, transferred, or recycled. The following uses, for the purposes of this chapter, shall not be considered to be a solid waste center: landfill, junkyard, recycling collection center, leaf composting, clean fill or septage or sludge application.
SPECIAL EXCEPTION
A special exception shall be the approval granted by the Zoning Hearing Board in situations where provision therefore is made by the terms of the Zoning Ordinance of Hanover Borough.
SPECIAL OCCASION HOME
An owner-occupied residence of historical and/or architectural significance which is available for private rental for occasions such as business meetings, weddings, receptions, banquets, private parties, fund-raising events, conferences and similar functions, although not otherwise open to the general public. The rental use must be as secondary and subordinate to the residential use.
STATE
The Commonwealth of Pennsylvania.
STOOP
An uncovered area at the front, side or rear door with a minimum of three feet by three or nine square feet in area.
STORAGE SHED
A structure not intended for residential occupancy which is necessary to the principal use of the property as a place to store personal property.
STORAGE TANK SYSTEM
An aboveground tank, an underground tank or a non-stationary tank, and any associated piping, lines, dikes, curbs, transfer stations and ancillary equipment.
STORY
That portion of a building between the surface of any floor and the ceiling above it that has a vertical height of six feet or greater.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.
STRUCTURE, TEMPORARY
A tent, construction shanty, or similarly portable or demountable structure not intended for permanent use.
STUDIO, DANCING OR MUSIC
The use of a premises by a teacher of music or dancing where students are taught these arts for a fee, and where more than one student may be taught in a class at one time. The term is synonymous with "Dancing School" and "Music School," and other similar expressions.
SUBDIVISION
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 petition of 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.
SUBSTANTIAL DAMAGE
Damage sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIALLY CHANGE (WIRELESS SUPPORT STRUCTURES)
Any:
A.
Increase in the height of a wireless support structure 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, except that the mounting of the proposed WCF may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
B.
Further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approve plan, so that the project will be able to be used, occupied or operated for its intended use.
SUPPLEMENTAL FARM BUSINESS
An auxiliary use to the primary agricultural use of a property in which residents engage in a commercial activity that is secondary to the primary agricultural activity on the property or farm. The auxiliary use may not change the primary agricultural characteristics of the property or neighborhood.
SUPPLY YARDS
A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. "Supply yards" do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
TASTING ROOM
Area for the on-site sampling and retail sales of alcoholic beverages subject to permitting by the Pennsylvania Liquor Control Board. May also include the retail sales of related promotional merchandise.
TAVERN
An establishment which serves alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food.
TELEVISION ANTENNA
Any device used for receiving video transmissions.
THEATER
A use principally devoted to showing motion pictures and/or live performances, including audience/patron participation venues which may contain other performance-related facilities. For the purposes of this chapter, this definition shall include uses such as cinemas, live theater, and/or similar show-and-audience venues, but not adult theaters or adult entertainment venues.
TOWNHOUSE COURT
A development consisting of one or more terraces of townhouse dwellings (single-family attached dwelling units) with common parking facilities, yards, or open space.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
A compatible mixture of commercial and workplace uses and/or a variety of residential dwelling typologies, customarily including mixed-use buildings, developed in a compact fashion within a pedestrian-oriented grid of streets and walks.
TRANSIENT OCCUPANCY
Use, occupancy, and/or possession of a dwelling unit or portion thereof for a period of 30 consecutive calendar days or less.
TRANSIENT OCCUPANT
A person who uses, possesses, or occupies a dwelling unit or portion thereof for a period of 30 consecutive calendar days or less.
TRANSPORTATION (PASSENGER) TERMINAL
Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another. The terminal cannot be used for permanent or long-term accessory storage for principal land uses at other locations. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal.
TRUCK OR MOTOR FREIGHT TERMINAL
A facility designed primarily to handle freight with limited warehousing of freight for no more than 30 days, with secondary allowances for service, repair and storage of vehicles involved in the normal operation.
UNIT
A part of the property, structure or building designed or intended for any type of independent use, which has direct exit to a public street or way or to an easement or right-of-way leading to a public street or way, and includes a proportionate undivided interest in the common elements, which is assigned to the property, structure or building.
USE
Any purpose for which a building, structure, or area of land may be designed, arranged, intended, maintained or occupied. Any activity, occupation, business or operation carried on in a building, structure, or area of land.
USE, ACCESSORY
A use customarily incidental and subordinate to the principal use, building or structure, and located on the same lot with a principal use, building, or structure.
USE, PRINCIPAL
The main or primary use of land, buildings, or structures.
USE, TEMPORARY
A prospective use, intended for limited duration, to be located in a zoning district for such use, and not constituting a non-conforming use or building.
UTILITY SHED
A small non-rental building designed primarily for storage of yard and garden equipment, bicycles and miscellaneous household items incidental to a dwelling and customarily made of prefabricated materials purchased, assembled, or erected and used exclusively by the property owner.
VARIANCE
Per the PA Municipalities Planning Code, Act 247, a departure from the provisions of a zoning ordinance which, because of unique physical circumstances or conditions of a specific lot, creates an unnecessary hardship that would interfere with the reasonable use of the property.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheel chair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.
VEHICLE WASHING FACILITY
A building on a lot, designed and used exclusively for the washing and polishing of vehicles.
VEHICLE, ABANDONED
Those vehicles without registration and/or inspection certification. Includes vehicles manifestly incapable of being locomotive in its existing condition.
VETERINARIAN
A qualified professional trained in the care and treatment of animals and in particular domestic animals. The term "veterinarian" includes the office, waiting room, examination room, treatment area and overnight recovery quarters for the usual house pets (dogs, cats, birds, hamsters, and the like). See also "Animal Hospital."
VIEWSHED
That portion of the landscape that can be readily viewed by the observer from one or more vantage points. The extent of area that can be viewed is commonly delineated by landform, vegetation and/or distance.
WAREHOUSE OR DISTRIBUTION CENTER
A building or group of buildings primarily used for the storage, transfer and distribution of products and materials.
WHOLESALE
A use devoted to the sale of commodities in quantity chiefly to retailers, other merchants, or industrial, institutional and commercial users mainly for resale or business use. Such commodities shall be limited to durable goods, sundries, dry goods and nonperishable items.
WIND ENERGY SYSTEM (WINDMILL)
A device that converts wind energy to mechanical or electrical energy.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
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.
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
YARD
An open area between a building setback and the adjoining lot lines or right-of-way which may not be occupied or obstructed by any portion of any structure, except as is specifically permitted.
A.
YARD, FRONT
A space parallel to the front lot line and extending the full width of the lot between a required front setback line and the front lot line.
B.
YARD, REAR
A space parallel to the rear lot line and extending across the full width of the lot between the required rear setback line and the rear lot line. On a corner lot, the rear yard is the yard opposite the street of address.
C.
YARD, SIDE
A space parallel to the rear lot line and extending from the front yard to the rear yard between the required side setback line and the side lot line. Any lot line not a rear line or a front line shall be deemed a side line. On a corner lot, there should only be one side yard.
ZONING DISTRICT
A section of a municipality designated in the zoning ordinance text and (usually) delineated on the zoning map, in which requirements for the use of land and building and development standards are prescribed.
ZONING HEARING BOARD
The Hanover Borough Zoning Hearing Board.
ZONING MAP
The map delineating the boundaries of zoning districts that, along with the zoning text, comprises the zoning ordinance.
ZONING OFFICER
The administrative officer designated to administer the Zoning Ordinance and issue zoning permits.
ZONING PERMIT
A document signed by Zoning Officer, as required in the Zoning Ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or authorized variance there from.