A land use for which proof exists that the landowner:

A vehicle that does not bear a current license plate unless said vehicle is stored within a completely enclosed building or unless it is stored on a bona fide sales lot and is in satisfactory operating condition.

Having a common border with or being separated from such common border by an alley or easement.

A means of approach or entry to or exit from a lot, a site or a parcel.

A structure on the same lot as the principal land use, detached or attached, and is subordinate and customarily incidental to the use of the principal land use.

Within proximity to or sharing a common boundary.

A business or entity that engages in one or more of the following areas of sales, services or entertainment:

Any land mass which penetrates a transitional, horizontal, or conical surface of an airport, airport approach, or airport overlay as defined by regulations of the Federal Aviation Administration.

Any land use not specified in the Principal Land Use Table.

Any residential land use not specified in the Principal Land Use Table.

A functional service way providing a secondary public means of access to abutting lots.

Any change in a structure that increases or diminishes exterior dimensions or modifies openings in the exterior walls.

A refinement to this chapter which includes revisions to the zoning text and/or the Zoning District Map by resolution of the Borough Council.

An establishment or business which provides, as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or fewer such devices as an accessory use. This use shall not include adult-related uses, as defined herein.

A business establishment operated by a veterinary medical doctor(s), certified in the Commonwealth of Pennsylvania, for the medical or surgical treatment of domestic, agricultural or zoological animals.

A landowner and/or developer who has filed an application for development, including his heirs, successors and assigns.

Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including but not limited to an application for zoning approval, for the approval of a subdivision or land development, or for the approval of a development plan. Every application for development must include the form designated by the Zoning Officer, the appropriate site plan and all other information required by this chapter.

The application for development for final approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.

The application for development for tentative approval of a planned development to be submitted by a landowner and/or developer to the Zoning Officer.

The preliminary application for a development to be submitted by a landowner and/or developer to the Borough.

The ultimate approval of a planned development by Borough Council which follows tentative approval and filing of the final development plan.

The visible, functional or ornamental objects accessory to and part of a structure.

A business establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art and where classes may or may not occur as an accessory use.

Any building or land devoted to the retail sales of motor vehicles, including accessory service and repair facilities, if such service and repair are conducted within a completely enclosed building and/or the retail repair, servicing, maintenance and reconstruction of motor vehicles, but not including car washes per se and/or a use whereby motor vehicles are stored awaiting transport to a different location.

A business establishment engaged in the production and/or sale of baked goods, including, but not limited to, pastries, cakes and breads.

A business licensed as such in which money is kept for saving or commercial purposes, invested, supplied for loans or exchanged.

The space enclosed by the foundation or ground floor walls of a building partly or wholly below the average level of the adjacent ground. A basement shall not be counted as a story for purpose of height measurements unless 1/2 or more of its height is above the finished lot grade level.

A business which occupies a single-family dwelling where limited overnight lodging and breakfast is provided for compensation to guests and where said use may or may not also host accommodations for private events (e.g., such as weddings and conferences). The dwelling may or may not include a publicly accessible restaurant as a related use. Overnight lodging occurs within individual sleeping rooms which do not contain cooking facilities.

A bank of earth generally intended to screen activity on a lot from activity on an adjacent lot(s) or vice versa or public way.

Conservation practices or systems of practices and management measures that:

An area bounded by streets, rights-of-way, streams or other similar natural features.

The contiguous facades of buildings along one side of a street between two intersecting streets. A corner lot shall have two block faces.

Any body granted jurisdiction under the Pennsylvania Municipalities Planning Code or a land use ordinance which has the authority to render final adjudications.

Borough of Marietta, Lancaster County, Pennsylvania.

The governing body of the Borough of Marietta, Lancaster County, Pennsylvania.

The duly appointed Borough official designated to administer the regulations, programs and services of the Borough of Marietta.

A line which may or may not follow a visible feature that defines the limits of a geographic entity, such as a block, a block numbering area, a census tract, a county, a municipality, a lot, a zoning district, a property or a place.

A business establishment which provides on-site alcoholic beverage sales for drinking on the premises, where food is served, where live entertainment (not including adult entertainment) may also be provided, and where minors are not admitted unless accompanied by a parent or guardian.

A facility that brews ales, beers, meads, and/or similar beverages or distills alcohol on-site.

An area of land, together with trees, grass, ground cover, shrubs, bushes, or other natural landscaping material, walls, berms or fences thereon, located between different land uses to minimize potential conflicts between them.

That percentage of the lot area covered by the buildings. In determining building coverage, cornices, eaves and gutters shall be excluded.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the following points:

A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.

The longest dimension of a building, measured to the outside walls at ground level.

A line parallel to and a distance from the lot lines in accordance with the requirements of this chapter.

A line parallel to the front lot line, a distance from the front lot line in accordance with the front yard or setback requirements of this chapter.

A line parallel to the rear lot line at a distance from the rear lot line in accordance with the rear yard or setback requirements of this chapter.

A line parallel to the side lot line in accordance with the side yard or setback requirements of this chapter.

The location of any goods, wares, merchandise, commodities, junk, debris, or any other item outside of a completely enclosed building for a continuous period longer than 24 hours. A building, structure or lot where processed wood timbers and products are stored for bulk and retail sale. The term "lumberyard" does not include the sawing, shaving, chipping, stripping or otherwise processing of logs and wood timbers.

A document issued by the Borough which allows construction to proceed.

A detached, subordinate building, the use of which is clearly incidental to the principal structure or use of the lot.

A lawfully existing building or other structure which contains a conforming use, but which does not comply with the applicable lot size requirements, impervious surface coverage limitations, off-street parking requirements or other requirements related to the characteristics of the structure or its location on the lot which may be continued so long as it remains otherwise lawful.

The building housing the principal use of the lot on which it is located.

A multifamily facility for health care and/or the transitional residency of senior and/or persons in need of such health care, providing for a progression of residential living types such as from independent living in single-family units to assisted and/or congregate living and culminating in a full health and continuing care nursing home facility where any portion of the facility may include common dining and recreation areas and which provides supportive services, not primarily medical in nature, to facility residents for activities of daily living. A care facility/senior living center may include a licensed adult day-care program; such facility shall comply with all applicable federal, state and local laws, ordinances and regulations relating to housing for the elderly. This term shall not include a group facility.

A permanent roofed structure permanently open on at least two sides, designed for or occupied by private motor vehicles.

The smallest basic solar electric device which generates electricity when exposed to light.

Land used or intended to be used for the burial of the deceased, including columbarium's, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.

The mounting of one or more WCFs, including antenna, on an existing tower-based WCF, or on any structure that already supports at least one nontower WCF.

A combination of recreation-related services and/or activities, including but not limited to a restaurant, entertainment, campground area, storage and outfitter operations geared toward recreation customer use and attraction.

A school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may or may not be operated as a gainful business by some person or organization other than the public school district. Examples include, but are not limited to, ballet, karate, painting, photography, computer training, and dance schools.

A civic-run establishment generally intended for use by all ages that provides recreation or entertainment.

The Official Comprehensive Plan of the Borough of Marietta, as amended from time to time, adopted pursuant to the provisions of Article III of the Pennsylvania Municipalities Planning Code.

See "use, conditional."

The construction, reconstruction, renovation, repair, extension, expansion, structural alteration or relocation of a structure, including the placement of mobile homes.

Having a common boundary or abutting.

See "care facility (senior/care living)."

A business which specializes in the retail sales and/or rental of household products and foods. Convenience stores may also include any of the following, provided that each use has obtained the necessary respective approvals, and it operates as an accessory use to the convenience store:

A small store that stocks a range of everyday items, such as groceries, snack foods, candy, toiletries, soft drinks, tobacco products, and newspapers.

The Borough Council of the Borough of Marietta.

Lancaster County, Pennsylvania.

See "school/academy" and/or "museum."

Any premises that is licensed by the Pennsylvania Department of Welfare as a day-care center, where care is provided for any number of adults, who are not relatives of the operator, at any one time for part of a twenty-four-hour day.

A business establishment that is licensed by the Pennsylvania Department of Welfare as a day-care center, where care is provided for 12 or more children under 16 years of age for less than 24 hours per day.

A day-care facility that is operated as an accessory use to a single-family dwelling, that is registered by the Commonwealth of Pennsylvania, and offers care and supervision to no more than four persons during any calendar day.

Diameter at breast height.

A unit for measuring the relative intensity of sounds based on an expressed a ratio of two amounts of acoustic signal power equal to 10 times the common logarithm of this ratio.

The measurement of compactness of residential development as to the number of dwelling units per one acre or 43,560 square feet.

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

The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings; any use or change in use of any buildings or land; or extension of any use of land, for which permission may be required pursuant to this chapter.

The provisions for development, including a planned development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.

A development plan which has been submitted for final approval of a planned development to the Council.

The written and graphic material describing provisions for development of a planned development, including a plan; the name of the planned development; all covenants relating to use, location, size, height and bulk of buildings and other structures; intensity of use or site density; parking areas; location and size of common areas; and uses submitted for tentative approval.

"Handicapped" as defined according to the Fair Housing Act Amendments of 1988, 42 U.S.C. § 3602(h), and any amendments thereto.

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

Grading, excavation, construction and similar activities that have occurred or may occur on a lot.

A system of man-made structures designed to collect, convey, hold, divert, or discharge stormwater.

An establishment accommodating the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed.

An improved cartway serving no more than two single-family dwelling units where said cartway is designed and constructed to provide vehicular movement between a public road and tract of land.

A container that temporarily stores rubbish or materials to later be dumped into a sanitation truck.

A structure that surrounds a dumpster in order to prevent visibility of the dumpster.

Authorization by a lot owner of the use by another and for a specified purpose of any designated part of his lot.

Notice given by the Borough through the internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.

An institution or organization providing medical services for emergency-related events to the general public.

An individual licensed and registered to engage in the practice of engineering. A professional engineer may not practice land surveying unless licensed as set forth in P.L. 534, No. 230; however, a professional engineer may perform engineering land surveys.

A licensed and registered professional engineer in Pennsylvania designated by the Borough to perform the duties of engineer as herein specified.

Anything built, constructed, reconstructed or moved on or upon any lot.

The erection, construction, alteration or maintenance of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, cable television or other telecommunications transmission lines provided by public or private entities, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Communication towers shall not be considered essential services for the purposes of this chapter.

The exterior walls of a building that can be seen by the public.

An individual, or two or more persons related by blood, marriage, or adoption or foster child care, including domestic servants or gratuitous guests thereof; or a group of not more than three unrelated persons living together without supervision in a dwelling unit or not more than five persons living together in a group living arrangements with supervision, provided that the group living arrangements meets all of the following criteria:

Federal Communications Commission.

An artificially constructed barrier of specified material or combination of materials erected to enclose or screen areas of land or portions of buildings or structures. A fence is considered an accessory structure.

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. "Fill" also can refer to the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.

Drawings submitted for final approval of a planned development.

Any establishment, excluding a licensed banking, where the principal business is the receipt, disbursement, or exchange of funds and currencies, such as savings, loans, credit unions or check cashing establishments.

Any establishment, excluding a licensed banking, where the principal business is the receipt, disbursement, or exchange of funds and currencies such as savings, loans, credit unions or check cashing establishments, and which does not provide a drive-through.

The sum of the gross horizontal areas of all of the floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

A restaurant geared toward consumption of food and drink on-site with table service as the primary manner in which food is ordered and/or where consumed.

A restaurant that generally serves prepared food typically ordered at a counter and generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off of the site.

Unit used to measure the amount of light falling on a surface at a point on a surface which is one foot from, and perpendicular to, a source of illumination that produces one uniform candela.

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 which does not involve any land development.

The portion of a lot between the facade and the lot line that fronts the thoroughfare or a civic open space or the privately held portion between the facade of a building and the lot line.

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 retail sales of motor vehicle accessories, which shall not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.

A use which prepares the remains of deceased humans for burial and cremation. This use may also conduct funeral services.

A building or structure or part thereof, used or intended to be used for the parking and storage of motor vehicles.

Any well drilled, to be drilled, or used for the intended or actual production of gas and/or oil.

The Borough Council of the Borough of Marietta, Lancaster County, Pennsylvania.

A facility owned, operated, or controlled by a governmental agency (federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions).

The elevation of the center line of the streets, as officially established by the Borough.

The proposed or completed elevations of the land surface, including the surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

A business establishment that sells produce, dry goods, meats, baked goods, dairy items, frozen foods and/or the like. The term "green grocery store" includes corner stores, food stores, dairies, delicatessens, but does not include convenience stores.

The floor of a building nearest in elevation to the exterior grade at the front of the building.

A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.

A facility licensed and/or approved by the Pennsylvania Department of Public Welfare that provides shelter, counseling, and other rehabilitative services in a family-like environment for more than nine but fewer than 15 residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, family or school adjustment problems, or past correctional offenses require a minimal level of supervision but do not require medical or nursing care or general supervision. A group care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare.

A facility licensed by the Pennsylvania Department of Public Welfare which houses six to nine residents and provides twenty-four-hour supervision and rehabilitation services for developmentally disabled individuals (mental disability, autism, cerebral palsy, epilepsy or other similar conditions).

The area of a building for living, sleeping, eating or cooking and comfort facilities.

A business establishment conducted entirely for the primary purpose of selling small-scale tools for use in construction, building and/or lot improvement.

An establishment that offers active recreational and/or fitness activities only to club members and their guests. Such facilities do not include golf courses, non-adult-related uses, as defined herein.

The conversion of a designated historic residence for residential or nonresidential uses.

A structure or portion of land that displays significant cultural, aesthetic or historical markers of noteworthy past periods in the Borough.

A business or commercial activity carried on entirely within a building whose principal use is a single-family dwelling whose impacts exceed those of a no-impact home-based business. The business or commercial activity must satisfy the requirements of the identified provisions of this chapter.

A business establishment inclusive of a building or portion thereof designed or used for transient rental for sleeping purposes. All room access is through interior hallways or courtyards. Individual rooms may contain kitchen and dining rooms. Accessory shops and services catering to the general public can be provided. The structure may include a restaurant as an accessory use. Kitchens not located in rented rooms shall not accessible to occupants. Supervision is provided in shifts by on-site management.

Equipment used to heat, cool or ventilate a structure.

Pavement designed to prevent percolation or infiltration of stormwater through the surface into the soil below where the water is naturally filtered and pollutants are removed.

Any material that prevents, impedes, or slows infiltration or absorption of stormwater directly into the ground at the rate of absorption of vegetation-bearing soils, including building, asphalt, concrete, gravel and other surfaces.

The portion of the lot area covered by impervious surfaces; impervious surface coverage shall be measured as a percentage of the total lot area. The use of pervious/porous materials that are utilized in order to promote the infiltration of water into the ground shall not be considered impervious surface coverage under the Zoning Ordinance. However, the use of such pervious/porous materials shall be subject to the requirements of the Borough's Stormwater Management Ordinance[1] and the establishment of recorded legal document(s) that establish(es) the maintenance and long-term performance of the materials in order to ensure the intended function as pervious/porous coverage.

Those physical additions, installations, and changes required to render land suitable for the use intended, including but not limited to grading, swales, detention/retention basins, paving, curbing, streetlights and street signs, fire hydrants, water mains, electric service, gas service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways, culverts, and street shade trees.

A type of recreational use that is used principally for indoor active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use, and similar uses.

A lot or portion of a lot used by a craftsman, general contractor or builder where equipment and materials are stored or where a contractor performs craft, shop or assembly work, but does not include a construction site or any establishment otherwise defined or classified herein.

A business establishment that produces finished products or parts, predominantly from previously prepared materials, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

See "maintenance/storage/service yard" and "lumberyard."

Development of vacant or remnant lands within an existing neighborhood.

Any motor vehicle, trailer, or semitrailer that is inoperable and which, by virtue of its condition, cannot be economically restored to operable condition.

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

The legal or beneficial owner or owners of a lot, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee (if he is authorized under the lease to exercise the rights of the landowner) or other persons having a proprietary interest in the lot.

An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of landscape architecture.

The modification of the landscape for an aesthetic or functional purpose. It includes the preservation of existing vegetation and the continued maintenance thereof together with grading and installation of minor structures and appurtenances.

A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

A building certified under the Leadership in Energy and Environmental Design (LEED) program of the United States Green Building Council that meets LEED standards for either new construction and major renovation projects or core and shell projects.

An on- or off-street area for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law, not including any part of a public right-of-way, and to be used, developed or built upon as a unit. A site or parcel may include more than one lot, but a lot cannot include more than one site.

The total area of a lot measured on a horizontal plane bounded by the front, side and rear lot lines of the lot.

The mean horizontal distance between the front lot line and the rear lot line measured within the lot boundaries.

A line that bounds a lot.

That lot line which extends along a private or public street.

That lot line which is most distant from and is most nearly parallel to the front lot line, except for corner lots and three-sided lots, which have no rear lot line.

The lot line which is not a front lot line or rear lot line.

The distance between the side lot lines measured along the front building line of the lot.

That lot area in which the principal structure may be located and which is bounded by the front, rear and side building lines of the lot.

A lot situated at and abutting the intersection of two or more streets. A corner lot has neither a rear yard nor a rear lot line.

A lot other than a corner lot with only one frontage on a street.

A lot consisting entirely of a tract of land that:

A double frontage lot, the front lot line and rear lot lines of which abut streets, alleys or ways.

A building, structure or lot where processed wood timbers and products are stored for bulk and retail sale. The term "lumberyard" does not include the sawing, shaving, chipping, stripping or otherwise processing of logs and wood timbers.

Notice given by a municipality by first class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.

An area of land used for the storage of materials, supplies, etc.

A street that predominantly serves through traffic.

The development of a lot or tract of land, equal to or greater than one acre in size, that contains several types of residential dwellings within the development boundaries, such as multifamily dwellings and single-family dwellings.

A lot or building on or in which various land uses, such as office, commercial, institutional and/or residential are combined with nonresidential at street level and residential or nonresidential on upper floor(s).

Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 370-302A(3) of this chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed. For the purposes of § 370-302A(3) of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.

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 occupants of the mobile home erected on the lot.

A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

A building and lot are occupied by more than one family.

A new construction or redevelopment of an existing freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration.

The conversion of a designated historic residence for multifamily residential use.

A building containing between three and eight dwelling units, arranged in a side-by-side configuration with two or more common party walls.

A building containing three or more dwelling units, at least one of which must be located above or below the remaining units.

A way designed for and used by a variety of equestrians, pedestrians, and cyclists using nonmotorized bicycles.

A business establishment or institution primarily engaged in creating, acquiring, studying, interpreting and/or exhibiting items for public instruction and enjoyment.

An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.

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

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for personal enjoyment.

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

Any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure, image, motion picture, sound recording, article, instrument, or any other written, visual media or printed matter which depicts or describes in a patently offensive manner sexual conduct, sexual excitement or sadomasochistic abuse or (in the case of articles or instruments) is designed or intended for use in achieving artificial sexual stimulation; and taken as a whole, appeals to the prurient interest; and taken as a whole, does not have serious literary, artistic, political or scientific value.

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.

The physical possession upon, on or within any lot or structure for a use.

The written authorization issued by the Borough of Marietta's Zoning Officer for use of land or buildings.

As defined herein, office shall be limited to the following:

Any sign, billboard, statuary or poster that directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

An accessory use for sit-down food service establishments which allows live instrumental, vocal, or oratory artistic entertainment on the lot. Outdoor entertainment does not include any entertainment related to adult-oriented subjects or materials.

A lot or portion of land specifically defined or set aside for use by and for active and/or passive recreational uses; and includes all landscaping, facilities and apparatus, playing fields, utilities, buildings and other structures that are consistent with the general purposes of parkland.

The location of any goods, wares, merchandise, commodities, junk, debris, or any other item outside of a completely enclosed building for a continuous period longer than 24 hours.

A freestanding vessel or pit in which a contained outdoor fire is made.

The person or persons having the right of legal title to, beneficial interest in or a contractual right to purchase a lot or parcel.

Any designated piece or tract of land located in the Borough established by a plat or otherwise as permitted by law.

An accessory structure whose primary purpose is to provide sheltered parking space(s) for motor vehicles for the residents of the principal structure on the lot.

Any facility that is provided by the public sector for the purposes of providing access to parking spaces on the parcel.

A privately held parking lot, including parking aisles and access drives that provide access to parking spaces, but excluding any streets that provide access to the parking lot.

A principal use provided by the public sector for the purposes of providing access to parking spaces on the parcel.

A portion of a lot devoted to the off-street parking of private vehicles of the residents of said lot.

An area wholly outside any public right-of-way, constructed to accommodate the storage of a vehicle as required by this chapter and which is connected to a public street by a driveway.

An area wholly within a public street right-of-way constructed to accommodate the storage of a vehicle as required by this chapter.

A portion of a lot that provides parking spaces for the residents of said lot.

A site or portion of a site devoted to the off-street parking of vehicles, including parking spaces, aisles, access drives, and landscaped areas, and providing vehicular access to a public street.

A vertical divider or partition between adjoining structures owned in common or in severalty or by one owner alone and providing mutual rights of support for the respective adjacent buildings or structures.

A paved, raised and/or level area adjacent to or near a building that is typically used for dining or recreation.

Development which is designed with a primary emphasis on the street sidewalk and on pedestrian access to the site and building, rather than on vehicle access and parking areas.

A fenced in area for animals where said fencing is primarily for the purpose of containment not for the protection from weather events.

The Pennsylvania Municipalities Planning Code, Act 247, as amended,[3] which is an act that empowers municipalities to plan their growth and development as well as to govern the same by zoning, subdivision and land development ordinances, and by official maps; to promote conservation of energy; to establish Planning Commissions [Agencies], Planning Departments and Zoning Hearing Boards.

A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, heat or solid waste generated by or inherent in uses of land or buildings.

An authorized use, which, upon an application for development, may be granted in accordance with the provisions of this chapter.

An individual(s), partnership(s), copartnership(s), association(s), corporation(s), limited liability company(ies), limited liability partnership(s), and any and all other entities.

A business establishment providing domestic commodities and services pertaining to the person, their apparel or personal effects, including, but not limited to, shoe repair, tailoring, clothes cleaning, watch repairing, barbershops, beauty parlors, massage therapy establishments and related activities.

Any material/surface that allows water to pass through at a rate equal to or greater than natural ground cover.

Any animal that is tame or domesticated and not normally found in the wild state. Hybrids of animals normally found in the wild state are not included within the meaning of domestic pets and livestock.

A business establishment substantially devoted to the sale of sundries and pharmaceutical items, supplies and equipment, such as prescription drugs.

A semiconductor-based device that converts light directly into electricity.

A building and/or lot that is designed for the assembly or collection of persons, for civic, political, religious, educational, or social purposes, and where recreation, amusement, or dining may occur as accessory activities. A place of assembly does not include a private club.

A building use and/or lot where people regularly observe, practice, or participate in religious or spiritual services, meeting and/or activities.

A survey of a lot upon which is shown the location of existing and/or proposed structures; existing contours and proposed grading; location and dimensions of yards; proposals for the disposition of sanitary waste and stormwater; indications of zoning compliance; name of applicant and landowner and/or developer; area location map; dates of preparation and revisions; and evidence of preparation by a registered architect, landscape architect or engineer.

The Borough Planning Commission of the Borough of Marietta.

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

The final map of the land development or subdivision that is submitted for community approval and which, if approved, is filed with the County Recorder of Deeds.

A preliminary map of the proposed land development or subdivision that is submitted for Borough consideration.

A covered area adjoining an entrance to a building and usually having a separate roof.

Belonging to or concerning an individual person, company or interest independent from federal, state or local government agency.

An accessory use which is attached to or an integral part of a residential building or dwelling unit or an accessory structure used for the storage of motor vehicles and other personal property owned and used by the residents of the residential building or dwelling unit and in which no occupation, business or service for profit is carried on. A private garage may be used for the storage of not more than one commercial vehicle owned or used by the landowner and/or developer or tenant of the residential building or dwelling unit and for the storage of not more than three private noncommercial vehicles owned or used by persons other than the landowner and/or developer or tenant of the residential building or dwelling unit.

A business enterprise that provides services by any professional, including, but not limited to, attorney, accountants, actuaries, financial planners, insurance agents, medical occupations, engineer, surveyor, architect, landscape architect, planner or similar type, etc., entitled to practice under the laws of the Commonwealth of Pennsylvania.

Owned, operated or controlled by a government agency, federal, state or local.

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

All streets, walkways, gutters, curbs, sewers, waterlines and other utilities or related facilities to be dedicated to or maintained by the public.

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]

A notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the public hearing and the particular nature of the matter to be considered at the public hearing. The first publication shall be not more than 30 days or less than seven days from the date of the public hearing.

A building, structure, lot or portion of a lot which under public franchise or other lawful relationship provides the public with transmission and communications services, electric distribution or other similar facilities or services.

A public or private right-of-way on which tracks for trains are constructed.

A stormwater BMP consisting of an excavated shallow surface depression planted with specially selected native vegetation to treat and capture runoff and underlain by a sand or, if needed, gravel infiltration bed.

A business establishment generally intended for use by all ages that provides recreation or entertainment, including but not limited to swimming pools, dance halls, bowling alleys, billiard and pool halls, video and other coin-operated game parlors, miniature golf courses, indoor rifle range and indoor archery range.

The act of improving by renewing and restoring; the act or process of rehabilitating or rejuvenating a blighted area or accommodating new development within the context of existing streets and buildings.

Structures listed either individually or within a listed district on the National Register of Historic Places or by the Pennsylvania Historic and Museum Commission.

The act of removing an existing building/structure and constructing a new building/structure.

An establishment which carries on investigation in the natural, physical or social sciences or engineering and development as an extension of such investigation with the objective of creating end products and which may include the initial manufacturing of developed product as an accessory use.

A business establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics: customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

A business, 2,000 gross square feet or more in area, whose primary activities involve the display and retail sales and/or rental of goods and products. This term shall not include adult-related facilities as defined herein.

A business whose primary activities involve the display and retail sales and/or rental of goods and products related solely to recreational activities. Additionally, services may extend to include the repair of recreational activity equipment, such as bike repair.

A business, less than 2,000 gross square feet, whose primary activities involve the display and retail sales and/or rental of goods and products. This term shall not include adult-related facilities as defined herein.

That portion of land dedicated to public use for street or utility purposes.

The Susquehanna River.

The top ridge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

An institution providing full-time instruction and including accessory facilities traditionally associated with a program of study which meets the requirements of the laws of the Commonwealth of Pennsylvania.

Places of worship, places of assembly, schools, and other similar institutions of an educational, religious, charitable or philanthropic nature.

The minimum distance from a lot line required by the ordinance where a building or structure may be built.

The line extending the full width of the lot and situated at the minimum dimension defined from a front lot line.

The line extending the full width of the lot and situated at the minimum dimension defined from a rear lot line.

An accessory structure used primarily for storage purposes on the same lot as the principal structure.

The line extending the full width of the lot and situated at the minimum dimension defined from a side lot line.

Any letter, word, model, banner, flag, device, structure, representation or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, including the following types:

A freestanding residential use containing one dwelling unit for one family. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings, so long as they comply with the general requirements for a dwelling.

A parcel of land located in the Borough, established by a plat or otherwise as permitted by law, which is the subject of an application for development. A site may include more than one lot.

The total area of the lot or lots comprising a site.

A plan prepared by a registered surveyor, engineer, landscape architect or architect for a use authorized by right which contains the following:

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related uses, as defined herein.

Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.

A solar collection system consisting of one or more building- and/or ground-mounted systems, solar photovoltaic cells, panels or arrays and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and do not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.

Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar-PV-related equipment.

A business establishment which employs cosmetologists and/or therapists licensed as such by Pennsylvania. Food service, retail and health/beauty-related consultation/application may also be provided as additional services.

A small staircase ending in a platform and leading to the entrance of a building.

The collecting, conveyance, channeling, holding, retaining, detaining, infiltrating, diverting, treating, or filtering of surface water, groundwater, and/or runoff, together with applicable managerial (nonstructural) measures.

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

The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

The right-of-way line of a street.

A general reference as to how and where the parts of buildings that face the street line up to define the perceived boundaries of public and private space.

The distance between street lines measured at right angles to the center line of the street.

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

A business establishment used by an artist, photographer, or artisan or used for radio or television broadcasting.

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

A rectangular, one-to-two-story, usually gable-roofed structure that is closely related to the main house, commonly as a wing or semidetached, and that is used as a kitchen in warm weather.

A precise legal description of a lot and the graphic delineation of precise lot boundaries, lot dimensions and areas; all easements and public and private rights-of-way; and North point and graphic scale affecting the lot, prepared by a professional land surveyor licensed and registered in the Commonwealth of Pennsylvania. The survey shall be on sheets of 24 inches by 36 inches.

Any body of water or receptacle for water having a depth at any point greater than two feet or a surface area greater than 250 square feet, used or intended to be used for swimming and constructed, installed or maintained outside any building.

A building or structure operated as a not-for-profit or business establishment, inside a completely enclosed building devoted to showing pictures and/or live dramatic or musical performances. A theater may contain an auditorium in addition to other performance-related facilities. Adult theaters are excluded from this definition.

Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, or masts, intended primarily for the purpose of mounting a communications antenna or similar apparatus above ground.

Any tower not otherwise defined as a communication tower.

A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.

The degree to which something is transparent.

The condition/state of being clear, unobstructed by signage, interior graphic elements, reflective coating, translucent or textured finish, racking or any type of fixed furniture that can be seen through from both the interior and exterior of the structure.

Any lot or portion of a lot which has not been graded, improved or prepared for the construction of a building, structure or improvement.

Area not within a building and not in a defined setback or yard area.

An activity, business or purpose for which any lot or structure is utilized.

An authorized use which may be granted only by the Zoning Hearing Board in accordance with express standards and criteria and pursuant to the provisions associated with special exceptions in Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

An authorized use which, upon an application for development, may be granted by the Zoning Officer in accordance with the provisions of this chapter.

A use customarily incidental and subordinate to the principal use of the lot.

Any principal use or accessory use allowed by this chapter as a permitted use by right, conditional use, use by planned development or use by special exception.

A use permitted in a particular zoning district by the Borough Council upon satisfaction of all criteria enumerated in Article III of this chapter and pursuant to the provisions associated with conditional use in Article VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or an amendment hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.

The main purpose or activity for which a lot is used or for which a structure or part of a structure or lot is used.

A use requiring utilities, established for more than seven but fewer than 100 consecutive days with the intent to discontinue upon the expiration of a specified time period.

Relief granted pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.

A constructed solid barrier of concrete, stone, brick, tile, wood, or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.

A building used primarily for the storage of goods and materials awaiting sale on another lot or location. Incidental sales may occur on the lot.

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

Wireless communications facility.

A business establishment primarily engaged in selling merchandise, dry goods and food stuffs to retailers, institutional, commercial or professional business customers or other wholesalers, not to the general public. The activities may include the merchandise warehousing and distribution.

A required open space unoccupied and unobstructed by any principal structure or portion of a principal structure; however, accessory structures, parking areas and driveways are permitted in yards in accordance with the requirements of this chapter.

Approval under the provisions of this chapter certifying that an application for development or application for occupancy permit has fulfilled the requirements of this chapter.

A geographical area with boundaries that includes surface areas as indicated on the Zoning Map.

A board appointed by the Borough Council to examine appeals for relief from strict conformance with the application of this chapter, to consider special exceptions and to hear testimony regarding the validity of any regulations upon development in the Borough and to perform those other functions which this chapter directs it to perform.

The map of the Borough that indicates the zoning districts and other relevant information thereon and shall be a part of this chapter by reference.

The administrative officer appointed by the Borough Council who shall administer and enforce the provisions of this chapter in accordance with its literal terms. The Zoning Officer shall have all the powers and be subject to all the provisions set forth in the MPC with respect to zoning officers.

Regulations to be applied over and above the zoning district regulations otherwise applicable to a lot, as enabled by the Pennsylvania Municipalities Planning Code.