For the purposes of this chapter, the following words and phrases have the meanings given herein:
A private minor vehicular right-of-way, other than a street, providing access from a street to a property or parking area within a lot. Access drives shall be required for all commercial, institutional (including but not limited to schools, hospitals, and religious institutions), and industrial uses and all multifamily dwellings. (See §
133-35.)
A second dwelling unit incorporated as an accessory use into a single-family detached dwelling.
[Added 6-7-2016 by Ord. No. 210-16]
An establishment open to the general public or a private club open to members, except persons under the age of 18 years, which is used and occupied for one or more of the following activities:
An establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for viewing upon the premises pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, videotape, digital media, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter, or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct or offers sexual devices for sale.
An establishment, club, tavern, restaurant, theater, or hall that features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
An establishment whose business is the administration of massage to the anatomy of patrons, regardless of whether or not the same includes sexual conduct (does not apply to heath and fitness centers and/or licensed therapeutic massage).
A building, or a room within a building, used for presenting motion-picture film, videotape, digital media, or similar visual representations of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
One thousand pounds' live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit, as defined in the Nutrient Management Act, 3 Pa.C.S.A § 501 et seq.
Housing designed to be affordable for households with no more than 80% of the median household income in York County, as determined by the most recent data issued by the United States Census Bureau. The Census median-income data shall be increased by a standard United States government measurement of inflation to update the median income to the present.
Agricultural, aquacultural, horticultural, viticultural, and dairy products, livestock and the products thereof, ranch-raised fur-bearing animals and the products thereof, the products of poultry and bee raising, forestry products and any and all products raised or produced on farms intended for human consumption and the processed or manufactured products thereof intended for human consumption, transported or intended to be transported in commerce.
The use of land for farming, dairying, pasturage, silviculture, horticulture, floriculture, viticulture, or animal or poultry husbandry, including the necessary accessory uses for packing, treating or storing the produce and equipment or housing and feeding the animals; includes land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program.
A minor right-of-way, privately or publicly owned, primarily for vehicular access to the rear of properties.
As applied to a building or structure, any change in the total area or an enlargement, whether by extending on a side or by increasing in height.
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
A change that includes revisions to the zoning text and/or the Official Zoning Map.
A building used primarily for the treatment of small animals, such as dogs, cats, rabbits, and birds.
A sign with action or motion, flashing, starbursts, simulated explosions, or similar displays, or color changes requiring electrical energy, but not including wind-actuated elements, such as flags, banners or specialty items.
A dwelling unit for rent and/or lease that is intended to be a separate use other than the principal use of the building.
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.
A self-propelled motor vehicle designed for the conveyance of persons or property, requiring a registration plate by the Commonwealth of Pennsylvania for operation upon public highways, including trucks, motor homes, and motorcycles. (See "recreational vehicle.")
A building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles for conveyance.
A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing, or supplying of gasoline or oil to automobiles, trucks, and similar motor vehicles.
An open lot for the outdoor display of new or used automobiles, recreational vehicles, or trailers accessory to an automobile, recreational vehicle or trailer sales, or a display building.
A building for the display or sale of new or used automobiles, recreational vehicles, or trailers.
A building designed and used primarily for the washing and polishing of automobiles and that may provide accessory services related to washing and polishing.
The dismantling or wrecking of used automobiles or trailers or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.
That portion of a building partly underground, but having 1/2 or more of its height above the average level of the adjoining ground. A basement shall be considered as a story in determining compliance with building height restrictions.
A single-family residence or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor, or otherwise.
Any structure on a lot, having a roof supported by columns or walls, and intended for the shelter, housing, or enclosure of persons, animals, mechanical devices, or property, and including covered porches and bay windows. (See "structure.")
A building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the principal building. However, for the purpose of establishing setbacks, any accessory building larger than 150 square feet shall comply with principal structure setback requirements.
A building that has two or more party walls in common.
A building that has no party wall.
A building in which the principal use for that lot is conducted.
A building that has only one party wall in common.
The total area within the outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings.
The total overall height in feet of a building, measured from the average grade level to the highest point of the roof.
The relationship between the mass of a building and its surroundings, including the width of streets, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width, and depth.
A CAO with greater than 300 AEUs, any agricultural operation with greater than 1,000 AEUs, or any agricultural operation defined as a large CAFO under 40 CFR 122.23 (relating to concentrated animal feeding operations).
A lot, tract, or parcel of land upon which two or more campsites are located, intended for occupation by transients in tents or recreational vehicles with sleeping quarters.
A plot of ground within a campground intended for temporary occupation by a tent or recreational vehicle with sleeping quarters.
Agricultural operations where the animal density exceeds two AEUs per acre on an annualized basis.
Establishments that provide food, shelter, personal assistance, supervision, and/or medical or other health-related services for individuals not in need of hospitalization but who, because of age, illness, disease, injury, convalescence, or physical or mental infirmity, need such care.
Any premises where care is provided to four or more elderly or disabled adults for part of a twenty-four-hour day, excluding care provided by relatives. Such care includes personal assistance, the development of skills for daily living, and the provision of social contact.
A facility licensed by the state that provides a wide range of formal day-care services for remuneration to seven or more children who are supervised by a qualified staff. The child-care areas in a day-care center shall not be used as a family residence.
A licensed establishment that provides full-time residential, intermediate, or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, cannot care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.
An existing building or structure designed as a dwelling unit for one family that provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and older who are disabled physically, mentally, or emotionally or who are aged persons.
A facility, located in a single-family residence, which provides supervised care for remuneration to not more than six children who are not relatives of the caregiver.
A facility, located in a single-family residence, which provides supervised care for remuneration to more than six but fewer than 12 children who are not relatives of the caregiver.
A type of group quarters, specifically a dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. A group home shall be directly affiliated with a parent institution that provides for the administration of the residents, who are required to reside on the premises to benefit from the service, through the direction of a professional staff, and for supervision of residents by full-time resident staff.
A type of group quarters, specifically, a premises in which food, shelter, and personal assistance or supervision are provided, on the basis of a state or federal license, for a period exceeding 24 consecutive hours, for at least four persons who are over the age of 18, are not relatives of the operator, and who are aged, blind, disabled, infirm, or dependent but do not require skilled or intermediate nursing care.
The paved portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder; also referred to as a "travelway" or "roadway."
That portion of a building wholly or partly underground and having more than 1/2 of its height below the average level of the adjoining ground. A cellar shall not be considered in determining the required number of stories or building height.
The certificate issued by the Zoning Officer that permits the use of a building in accordance with the approved plans and specifications and that certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.
A building used by an association of persons for some common nonprofit activity (not including groups organized primarily to render a service that is customarily carried on as a business).
An agricultural use involving the commercial housing, feeding, watering, or running of livestock or poultry in the form of CAFOs and CAOs, as defined herein.
An activity operated as a business, open to the public, for the purpose of public recreation or entertainment. This use shall not include adult-oriented uses.
A parcel or parcels of land, or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, including squares, greens, neighborhood parks, public parks, playgrounds, tot lots, linear environmental corridors, and similar areas, not including streets, off-street parking areas, stormwater facilities, and areas set aside for public facilities.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, or commercial mobile radio service, or any other wireless communications signals, existing or hereinafter developed, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, that is owned, leased, licensed or operated by any person or entity. This definition shall not include satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizens' band radio antennas, mounted on private residences.
An unmanned building or cabinet, whether existing or proposed, containing communications equipment required for operating communications antennas and covering an area on or under the ground not greater than 250 square feet.
A structure other than a building, including, without limitation, monopole, self-supporting, or guyed towers, designed and used to support one or more communications antennas.
A central sewage disposal system that serves a given area and is not publicly owned. Minimum lot area and lot width requirements for uses served by a public sewer system shall also apply to uses served by a community sewer system.
A central water supply system that serves a given area and is not publicly owned. The minimum lot area and lot width requirements for uses served by a public water system shall also apply to uses served by a community water system.
A type of ownership arrangement, not a land use, wherein parts of a building typically are owned separately by persons and other parts, such as halls, stairs, and recreation areas, are owned jointly by such persons. A condominium may be residential, commercial, or industrial in nature.
An office or shop for tradesmen, such as building, cement, electrical, masonry, painting, and roofing contractors.
A use that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 8,000 square feet. A convenience store shall not have drive-through service.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
A commercial establishment, including a drive-in eating establishment, primarily offering stand-up counter, vending machine, window, or in-car service.
An improved surface for vehicular travel that provides access between a street and a lot. For the purposes of this chapter, drives for all residential uses (except multifamily) and all agricultural uses shall be considered driveways. (See §
133-34.)
See "solid waste storage containers."
A building or structure designed for living quarters for one or more families, including mobile homes, not including hotels, rooming houses, convalescent homes, or other accommodations used for transient occupancy.
A building containing three or more dwelling units (such as apartment houses and garden apartments). All dwelling units are located on a single lot and share with other units a common yard area.
A portion of a building containing one dwelling unit and having two party walls in common with other dwelling units (such as row houses or townhouses). Each dwelling unit is located on a single lot. End units that have one party wall in common are included and are subject to the lot area requirements for other single-family attached units but must meet setback requirements on the open side.
A building containing only one dwelling unit and having two side yards.
A portion of a building containing one dwelling unit, having one side yard, and one party wall in common with another dwelling unit. Each dwelling unit is located on a single lot.
A building containing two dwelling units, having two side yards, and one partition in common between the two units. Both dwelling units are located on the same lot.
One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities, arranged for occupancy by one family.
A limited right of use granted on private land for public or private use by another party or parties, or a protective condition, as in the case of drainage easements, for protection and/or preservation of a specified area.
A covered area where one wall of the structure is formed by the house and at least one wall is a window or screen that allows views of the outside but keeps out insects and possibly the weather. An enclosed porch can be at the rear or front or wrapped around the sides of the house.
One or more persons who live in one dwelling unit and maintain a common household; may consist of a single person or two or more persons, whether or not related by blood, marriage, or adoption; may also include domestic servants and gratuitous guests, but not occupants of a club, fraternal lodging, or boardinghouse.
A parcel of land used for agriculture, including necessary farm structures within the prescribed limits, which may include a single-family dwelling, and the storage of equipment customarily incidental to the principal use. For the purposes of this chapter, a farm shall not include a kennel.
An accessory use to agriculture where the display and sale of agricultural commodities is conducted.
The act of cutting a standing tree so that it falls to the ground.
Any combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. The height of all fences and walls or portions thereof shall be measured from grade level.
A commercial savings and loan, credit union, or banking establishment that provides office space for financial assistance and/or protective savings and investment services.
A relatively flat or low land area adjoining a stream, river, or watercourse that is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source. (See §
133-17.)
Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures that reduces or eliminates flood damage to lands, water and sanitary facilities, structures, and contents of buildings. (See §
133-17.)
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude. (See §
133-17.)
The sum of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bathroom, or bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, closets, or unheated areas such as enclosed porches. Earth-sheltered dwellings, designed as such, shall include the aggregate of area used for habitation as defined above, whether or not all or a portion of such a dwelling is below ground level.
The sum of the gross horizontal areas of the several floors of a building, excluding cellar, basement, and attic floor areas not devoted to the principal use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
A unit of incident light quantity stated in lumens per square foot and measurable with an illumination meter, such as a footcandle meter or light meter.
The management of forests and timberlands, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, that does not involve any land development.
A use that prepares the remains of deceased humans for burial and cremation. This use may also conduct funeral services.
A use primarily involving horticulture, which includes the sale of plants grown on the premises and related goods and materials, as well as the storage of equipment customarily incidental and accessory to the principal use.
Any dwelling or portion thereof designed or used for at least three persons unrelated to each other or for any family occupying the dwelling unit and having common eating facilities. Group quarters include but are not limited to lodging houses or boardinghouses, fraternity and sorority houses and dormitories, and other quarters of an institutional nature. Such quarters must be associated with a religious, educational, charitable or philanthropic institution.
A room intended, arranged, or designed to be occupied or which is occupied by one or more guests but in which no provision is made for cooking. Residential noncommercial guest rooms shall be within or attached to the principal residence and shall be a part of the residential utility (sewer and electric) service line.
A dwelling for the transitional, institutional supervision of individuals who have violated the law and are sent to a halfway house upon release from, or instead of being sent to, a penal institution or juvenile detention center.
An establishment that contains various equipment for the purpose of physical exercise, offers participatory classes in aerobics or similar activities, may offer therapeutic massage by licensed therapists, and may contain a sauna or tanning facilities. For a fee, a visitor can use the equipment or services and participate in the courses at the health and fitness center.
The storage of goods, material, equipment, and/or large vehicles (including but not limited to trucks and buses). Such storage includes warehousing and wholesale establishments and the exterior storage of the types of vehicles described above.
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower. In the case of a tower mounted on a slope, height shall be measured from the lowest point where the tower contacts the slope to the highest point on the tower.
A special type of accessory use, specifically an occupation or profession that:
Is carried on only in a dwelling unit, except in the AP or RC Zone;
Is carried on by a member of the family residing in the dwelling unit;
Is clearly incidental and secondary to the principal use of a property; and
Sells items in conjunction with the home occupation that are those only produced on site or items incidental to the home occupation.
A place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care.
A building in which guest rooms are provided for occupancy, with or without meals, for compensation, by transient or semipermanent guests, or both, and in which no provision is made for cooking in any individual room or suite.
Paved surfaces that do not absorb precipitation. Areas including but not limited to parking areas, driveways, roads, sidewalks, patios and any similar areas of concrete, brick or asphalt shall be considered impervious surfaces. In addition, all buildings and structures shall be considered as impervious surfaces for computations of lot coverage.
The manufacturing, processing and/or assembly of materials, including but not limited to the following: printing and publishing, electronic components industries, tool and die making, molding plastics, bottling operations, food processing, furniture making, metal fabrication, and textiles.
A parcel or parcels of land:
Organized and laid out in accordance with an overall plan for a community of industries, heavy storage facilities and/or office complexes, on separate building sites and/or separate lots arranged on streets with utility services; and
Designed to ensure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, setbacks, and use requirements.
Any lot, land, or structure, or part thereof, used primarily for the collection, storage, and/or sale of scrap metal or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery, equipment, junked or inoperable motor vehicles, and/or for the sale of parts thereof. For all such uses, issuance of an annual license shall be required according to the provisions of Chapter
76, Junkyards.
Any commercial building or buildings and/or land used for the sheltering, boarding, breeding, or training of dogs, cats, fowl, or other small domestic animals at least six months of age that are kept or bred for profit, but not to include the keeping of livestock for agricultural purposes. A kennel operation may include accessory uses such as animal grooming.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving the following:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features.
The following activities are excluded from the definition of land development only when such land development involves the following:
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
The addition of an accessory residential or farm building on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the confines of an enterprise that would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
A CAFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:
Seven hundred mature dairy cows, whether milked or dry.
One thousand veal calves.
One thousand cattle other than mature dairy cows or veal calves. Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs.
Two thousand five hundred swine, each weighing 55 pounds or more.
Ten thousand swine, each weighing less than 55 pounds.
Ten thousand sheep or lambs.
Fifty-five thousand turkeys.
Thirty thousand laying hens or broilers, if the AFO uses a liquid manure handling system.
One hundred twenty-five thousand chickens (other than laying hens), if the AFO uses other than a liquid manure handling system.
Eighty-two thousand laying hens, if the AFO uses other than a liquid manure handling system.
Thirty thousand ducks (if the AFO uses other than a liquid manure handling system).
Five thousand ducks (if the AFO uses a liquid manure handling system).
Any domestic animals, such as cattle, donkeys, horses, mules, burros, sheep, hogs, goats, or poultry, maintained for agricultural use, commercial purposes, or as pets. Livestock shall include the raising of fur-bearing animals and fish farming.
A combination of a dwelling unit and business space, such as an artisan shop or office, that is open to the public for retail trade or personal or professional services. Work activities are conducted by one or more occupants of the dwelling unit, and the dwelling unit is their principal residence.
A designated parcel, tract, or area of land, established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
A lot located at the intersection of, and fronting on, two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages.
A lot extending between and having frontage on two streets. The front setback requirements of the zone in which the lot is located shall apply to both street frontages.
A lot having frontage on one street, adjoined on the sides and rear by other lots.
A lot extending between and having frontage on a minor street and either an arterial or collector street, with vehicular access solely from the minor street. The front setback regulations of the zone in which the lot is located shall apply to both street frontages.
A lot fronting on three streets. The front setback regulations of the zone in which the lot is located shall apply to each street frontage.
The area contained within the property lines of an individual parcel of land, excluding any area within a street right-of-way, but including the area of any easement. If a lot is traversed by a street right-of-way, whether existing or proposed, any principal building on said lot shall be located on a portion of that lot, which area, in and of itself, contains the minimum lot area required by this chapter.
That area of a lot represented by a percentage that, when its decimal equivalent is multiplied by the total lot area, will determine the maximum area permitted to be covered by impervious surfaces. (See "impervious surfaces.")
The lines bounding a lot as described in the recorded title; also referred to as "property lines."
The required continuous distance between the side property lines (or in the case of corner lots, between a front and side property line), measured along a single street right-of-way line. If a lot is traversed by a street right-of-way, whether existing or proposed, any principal building on said lot shall be located on a portion of that lot that contains the minimum lot width required by this chapter.
A street or highway designated in the Comprehensive Plan as an existing or planned rural principal arterial, rural minor arterial, or minor collector street.
Any building or group of buildings occupied by medical practitioners and related services for providing health services to persons on an outpatient basis.
A commercial rental facility of two or more units, providing for the enclosed storage of household items, recreational vehicles, and/or equipment, and/or classic or antique automobiles, where said items are retained for direct use by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility. Mini-storage units shall not be used as offices or shops and shall not house any items or operations other than dead storage as specified above. No volatile or hazardous materials shall be stored in such facilities.
A two- or three-story building that houses nonresidential uses, including retail shops and offices, on the ground floor. Uses within the upper floors include multifamily units and/or professional offices.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
A parcel, or contiguous parcels, of land that has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
An open lot for the outdoor display of new or used mobile homes.
A group of attached or detached buildings, containing sleeping rooms or living units with accessory facilities, designed for temporary use by automobile tourists or transients, including auto courts, motor lodges, and similar establishments.
A multifamily or two-family dwelling constructed by converting an existing building into dwelling units for more than one family, without substantially altering the exterior of the building. Such conversions shall be subject to review and permitting procedure by the Township Planning Commission, Board of Supervisors, Sewage Enforcement Officer, and the Pennsylvania Department of Environmental Protection, where applicable.
Surface excavation for the purposes of removal and sale of topsoil, sand, gravel, clay, shale, limestone, or other natural substances. The term "natural extraction industries" shall not include underground mining.
Retail establishments that supply area residents with their day-to-day consumer purchases. Such businesses typically occupy buildings of 8,000 square feet or less.
A business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.
A use, structure, lot, or dimension in conflict with the regulations of this chapter, (1) existing on the effective date of this chapter, or (2) existing at any subsequent amendment of this chapter, or (3) created by variance. Specifically, the following types of nonconformities are distinguished:
A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or part of a structure not designed to comply with the applicable use or dimensional provisions in this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.
A use, whether of land or of a structure, that does not comply with the applicable use provisions in this chapter or any amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation.
An educational, religious, or charitable use that qualifies as nonprofit under Section 501-C of the Internal Revenue Service Code.
A school that provides instruction and child-care services at a pre-kindergarten level.
A business that provides stalls, booths, or selling spaces for short-term rental to individuals involved in the retail sales of used or new merchandise, antiques, art and craft items, and collectibles. Resale of merchandise is allowable but not as a branch or outlet of a business with another location elsewhere outside the flea market. Junk sales, weapons sales, used automobile sales, thrift shops, and consignment shops are specifically excluded from this definition
That area of a lot represented by a percentage which, when its decimal equivalent is multiplied by the total lot area, will determine the required area of a lot that must not contain any impervious surface area. Such area shall be naturally landscaped and shall be devoid of buildings, structures, and paving. (See "impervious surfaces.")
A use of open land, operated as a business for profit, including facilities for leisure-time activities, such as a swimming pool, tennis court, ski resort (including snowboard and snowtube), skateboard park, ATV track, or golf course.
Any tract or contiguous tracts of land in the same ownership and contained in the same deed. Land shall be considered contiguous even though separated by public or private roads.
A building where automobiles may be stored for short-term, daily, or overnight off-street parking.
An open lot where automobiles may be stored for short-term, daily, or overnight off-street parking.
An off-street space available for the parking of one automobile and having direct usable access to a street, access drive, or driveway.
Any land, including buildings and structures, that is used for active or passive recreation that is of a noncommercial and nonprofit nature. Such uses would include but not be limited to athletic fields and courts, biking and hiking trails, children's playgrounds, and picnic areas. Examples of uses not included would be outdoor sports clubs, golf courses, and similar facilities which are not public and involve a commercial rate for use or membership fees in lieu of such rates.
Shall include barber- and beauty shops; self-service laundry and dry-cleaning establishments; laundromats; radio and television repair; repair shops for home appliances, tools, bicycles, guns, locks, shoes, and watches; tailor and dressmaking shops; or any other establishment of a similar nature providing personalized service to customers.
A map, plan, or layout showing the subdivision of land or land development and indicating the location and boundaries of individual properties.
Not publicly owned, operated, or controlled.
An office that generally operates on an appointment basis. Business offices shall include advertising agencies, opticians' offices, personnel agencies, and travel and ticket agencies. Professional offices shall include offices of accountants, actuaries, architects, attorneys, clergy, computer consultants and technicians, dentists, designers, engineers, insurance and bonding agents, manufacturing representatives, physicians, real estate agents, teachers, various testing services (including water sampling and testing), and miscellaneous consulting services. Also included are offices of a governmental agency, social service organization, District Justice or Justice of the Peace, notary, public or private utility, or political organization, or an office of a bank, savings and loan association, credit or loan company, collection agency, or stock and bond broker.
Owned, operated or controlled by a government agency (federal, state or local, including a corporation created pursuant to law for the performance of certain specialized governmental functions).
[Amended 6-7-2016 by Ord. No. 210-16]
A sewage disposal system that is owned and operated by a local government authority or by a local public utility company controlled by a government authority.
Any building or service structure owned or otherwise controlled by a utility, which utility is governed by the Pennsylvania Public Utility Commission.
A water supply system that is owned and operated by a local government authority or by a local public utility company controlled by a government authority.
Any portable or mobile vehicle used or designed to be used for travel, recreation, and/or temporary living purposes and with its wheels, rollers or skids in place. A recreational vehicle shall include a trailer, house trailer, camper, snowmobile, golf cart, all-terrain vehicle, trail bike, boat, boat trailer, airplane, or similar vehicle.
A privately owned and operated pay-to-hunt area regulated and permitted under the requirements of Title 34 of the Pennsylvania Game and Wildlife Code. Such establishments may be operated as a private (by membership only) club or as a commercial enterprise open to the general public.
An establishment in which the principal use involves testing and/or research. Such use may involve but is not necessarily limited to metallurgical, chemical, electronic, or biological research, testing, and development activities.
A public eating place primarily offering sit-down counter or table service and custom-prepared foods for on-premises consumption.
An accessory use to a commercial restaurant where the customer receives food or beverage through a drive-up window without the need for the customer to leave his or her vehicle.
A commercial establishment where a limited selection of food or beverage is sold either for consumption on the premises or as a take-out service. Food preparation is designed for immediate service to customers, and food is normally prepared in advance to facilitate this type of fast service.
Any shop or store whose primary activities involve the sale or lease of amusements and games, antiques, art, books, beverages, carpets and rugs, ceramics and glass, confections, drugs, dry goods, flowers, food, furniture, gifts, garden supplies, hobbies, hardware, household appliances, household pets and supplies, leather goods, musical supplies and equipment, notions, paint, periodicals, photographs and photographic equipment, radio, television and sound equipment, sporting and camping goods, stationery, tobacco, toys, and wearing apparel. The wholesale distribution or manufacture of the foregoing products is not included herein and is permitted only as provided in other appropriate sections of this chapter. Among the uses not to be interpreted as retail stores or businesses are uses specifically provided for elsewhere in this chapter, including but not limited to service stations, vehicular sales and rental, restaurants, taverns, hotels and motels, funeral homes, contractors offices, building material sales, and adult-oriented facilities.
A legal right of passage across land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. If the right-of-way involves maintenance by a public agency, it shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
A building or a portion thereof, other than a hotel, containing not more than one dwelling unit, where lodging is provided with or without meals for compensation.
Any accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.
Any place 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.
A school conducted for profit for such special instruction as business, art, music, trades, handicraft, or dancing.
A vegetative material, the purpose of which is to conceal from the view of property owners in adjoining zones, or on adjoining lots, the structures and uses on the premises on which the screen planting is located.
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sales of motor vehicle accessories at retail only, but not including major repairing, body and fender work, painting, vehicular sales or rental, or automatic car washes.
The required horizontal distance between a structure and a property or street line.
The required distance between the street right-of-way line (regardless whether the same is also a front, side, or rear lot line) and the front setback line, projected the full width of the lot.
The required distance between the rear lot line, unless such line is also a street line, and the rear setback line, projected the full width of the lot.
The required distance between the side lot line, unless such line is also a street line, and the side setback line, projected from the front setback line to the opposite setback line. However, in the case of corner lots, the second side setback shall be the required distance between the rear lot line and the side setback line projected from the side lot line to the opposite front setback line.
A line within a property and parallel to a property or street line that delimits the required minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.
Sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, analingus, or physical contact with a person's nude or partially denuded genitals, pubic area, perineum, anal region, or, if such person be female, a breast.
A sexually oriented and explicit showing or exhibition, by any means or manner, which presents or exposes to the viewer the following anatomical areas: the human genitals, pubic area, perineum, buttocks or anal region, with less than a fully opaque covering; the covered human male genitals in a discernibly turgid state; or the postpubertal, full or partially developed human female breast with less than opaque covering of a portion thereof below the top of the areola or nipple.
A group of two or more retail stores or shops planned and designed to function as a unit for the site on which it is located, with off-street parking and landscaping provided as an integral part of the unit.
Any surface, fabric, device, or structure (including billboards or poster panels) bearing lettered, pictorial, or sculptured matter designed for visual communication and used for the purpose of bringing the subject thereof to the attention of public, but not including lettering or symbols that are an integral part of another structure or any flag, badge, or other insignia of any government or government agency or of any civic, charitable, religious, fraternal, or similar organization.
A sign whose major purpose is for directing attention to a business commodity, service, or entertainment that is conducted, sold, or offered elsewhere than upon the same lot, such as billboards.
A sign with action or motion, flashing, starbursts, simulated explosions, or similar displays or color changes requiring electrical energy, but not including wind-actuated elements such as flags, banners, or specialty items.
A temporary sign consisting of lightweight, flexible material, which is supported by a frame, rope, wires or other anchoring devices, and may or may not include copy, a logo, or graphic symbols.
Any source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure, or other object.
A sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
A sign that directs people to a community, an event of public interest, public uses and buildings, uses and buildings of service and charitable organizations, and uses and buildings of a commercial nature, and containing no advertising matter other than an identifying name or symbol.
A sign supported by uprights or braces placed upon or in the ground and not attached to a building.
A sign attached, painted, or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
A sign permanently attached or applied to a building or structure or permanently anchored into the ground and that cannot easily be moved. Permanent signs may have either permanent or replaceable lettering.
A temporary sign, with or without changeable lettering, illuminated or unilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground. Such signs are often referred to as "mobile signs."
A sign that is attached to a building or other structure and extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.
Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and/or extending vertically above the highest portion of the roof.
A sign that is anchored to the ground or attached to a building or structure with weights, cables, pins, braces, or stakes and that can easily be moved. Temporary signs are displayed for a limited period of time.
Any vehicle used as a sign or vehicle to which a sign is affixed in such a manner that the carrying of the sign is used primarily as stationary advertisement for the business or another business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.
In instances where a sign may serve two or more purposes, for example, directional and advertising, the most-restrictive regulations shall apply.
Dragging trees on the ground from the stump to the landing by any means.
Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
Garbage, refuse, and other discarded materials, including but not limited to solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrements or hazardous waste materials, as defined in the Municipal Waste Planning, Recycling, and Waste Reduction Act, Act 101 of 1988, and 25 Pa. Code Chapter 273, as amended, supplemented, or revised.
Large receptacles, such as dumpsters, that are used as the central collection point for the temporary storage of solid waste.
Approval granted an applicant to use land and/or structures in a zone for a purpose other than that generally permitted outright in that zone. A special exception is granted by the Zoning Hearing Board in accordance with the terms, procedures and conditions as set forth in Articles
V and
VI.
An establishment where horses are kept for riding or driving or where they are stabled for compensation or incidental to the operation of any club, association, ranch, or similar establishment.
That portion of a building, excluding cellars, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
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.
A public or private way, excluding driveways, alleys, and access drives, that affords the principal means of access to abutting properties, intended to be used by vehicular traffic or pedestrians; includes street, avenue, boulevard, road, highway, freeway, lane, viaduct, and any other dedicated and accepted public right-of-way or private right-of-way.
The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be the street grade.
A line defining the edge of a street right-of-way and separating the street from abutting property or lots; commonly known as the "street right-of-way line."
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. Unless noted otherwise, the following structures are excluded from the definition of "structure" for the regulatory purposes of this chapter: patios, alleys, access drives, driveways, walkways, parking areas, and other similar at-grade structures.
A subordinate structure on a lot, the use of which is customarily incidental to that of the principal structure.
A structure that is directly involved in the principal use of the lot on which said structure is located.
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, transfer of ownership, or building or lot development; provided, however, that the division of land for agricultural purposes of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted.
A subdivision involving six or more lots or a land subdivision involving five lots or less and requiring new streets or other public improvements.
A subdivision involving five lots or less and involving no new streets or other public improvements, except curbs and street-widening required along an existing street.
Any outdoor pool or open tank containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Ponds, lakes, livestock watering tanks, decorative fountains and fishponds, and detention basins are not included, provided that swimming was not the primary purpose for their construction.
An establishment that serves primarily alcoholic beverages for mostly on-premises consumption and that is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food.
Containment of personal belongings for a period of not more than seven days prior to the moving of the materials.
An area of land that may comprise the entire area or a subpart of a parcel. Individual "tracts" within a parcel of land that are not separately deeded shall not constitute separate lots for the purpose of construction, permitting, or for the purposes of this chapter. Such tracts contained within a parcel shall be considered descriptive only.
A compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.
An area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size, and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square, or prominent intersection of two or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and which are appropriately designed to serve the needs of pedestrians and vehicles equally.
Any garbage, debris, material, equipment, and/or apparatus that has been discarded or is no longer functional.
A building or facility utilized for transferring cargo and materials, including auxiliary uses such as storage of trailers, maintenance of trucks, and dispensing of fuel.
An operation whereby minerals are extracted from beneath the surface by means of shafts, tunnels, adits, or other mine openings, including underground construction, operation and reclamation of mine openings; underground mining, hauling, pumping, and blasting; in situ processing; and other subsurface activities in connection with the mine.
An uncovered area or walkway formed adjacent to a house with one of its edges being formed by the house.
The specific purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.
The main or primary use of property, buildings or structures. Unless specifically noted otherwise, only one use permitted by right, or by special exception, shall be permitted as a principal use on an individual lot. For example, one single- family dwelling, one commercial establishment, or one industrial firm shall be permitted on an individual lot. Complexes listed as permitted uses, such as a shopping center, shall be limited to one such complex per lot.
A small nonrental building designed primarily for storage of yard and garden equipment 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. However, for the purpose of establishing setbacks, any utility shed larger than 150 square feet shall comply with principal structure setback requirements.
The permission, granted by the Zoning Hearing Board, following a public hearing that has been properly advertised, for a particular modification to some regulation or provision of the zoning provisions of this chapter that, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest and would maintain the spirit and intent of the chapter.
A structure used for storage and eventual distribution only of equipment and/or merchandise.
A business 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.
A publicly or privately owned natural area established and/or maintained as a protective habitat for plants and animals.
A prescribed open area on a lot, unobstructed from the ground upward, except as modified in Article
IV of this chapter.
An area bounded by the street right-of-way line(s), front wall of the principal building, and side lot line(s).
An area bounded by the rear lot line (and street right-of-way line in the case of double-frontage, reverse-frontage, or triple-frontage lots), rear wall of the principal building, and side lot lines.
An area bounded by a side lot line and the front, rear, and/or side walls of the principal building.