ABANDONED - the visible or otherwise apparent discontinuance of a nonconforming use of a building or premises, or the removal of equipment and/or furnishings of a nonconforming use without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or structure.

   ACCESS DRIVE - a durable, all-weather access, other than a street, that provides vehicular access from a street or public road to a lot; e.g., a driveway or private street or right-of-way.

   ACCESSORY RESIDENTIAL USE - for the purposes of this Chapter, an accessory residential use shall be defined as a residential dwelling unit(s) which is accessory to the principal commercial use of a lot, i.e., an apartment(s) located above or adjoining a retail establishment.

   ACCESSORY STRUCTURE - see STRUCTURE, ACCESSORY.

   ACCESSORY USE: See USE, ACCESSORY.

   ADULT ARCADE - see Millheim Borough Codified Ordinances Chapter 13, Part 2.

   ADULT BOOK STORE - See Millheim Borough Codified Ordinances Chapter 13, Part 2.

   AGRICULTURAL BUILDING - any farm building or structure used for storing agricultural equipment or farm produce, housing livestock or poultry, or processing dairy products. Such buildings shall not be used for residential purposes.

   AGRICULTURE - the use of land for agricultural purposes, including crop farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, aquaculture, forestry, animal and poultry husbandry, and the accessory buildings or structures for packing, treating, or storing that which is produced; provided, however, that the operation of any such accessory use shall be secondary to that of the agricultural activities. (See also FARM-RELATED BUSINESS.)

   ALTERATION - as applied to a building or structure, an alteration shall be defined as a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another. For the purposes of this Chapter, alteration shall not be defined to include maintenance or repair activities.

   AMENDMENT - the process set forth by the PA Municipalities Planning Code, Act 247, as amended for changing or altering the provisions of this Chapter or the boundary of any zoning district shown on the zoning map. Also, the actual change or alteration proposed for the zoning ordinance text or map.

   AMUSEMENT ARCADE - a retail establishment whose principal business is offering to patrons mechanical, electrical or video amusement devices or games such as pinball machines, ping-pong, darts, rides, shooting galleries or similar devices and games.

   ANIMAL EQUIVALENT UNIT - one thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. Refer to a listing of standard animal weights from the PA Nutrient Management Act for additional information.

   ANIMAL HUSBANDRY - for the purposes of this Chapter, animal husbandry shall be defined as the raising or keeping of livestock and/or poultry for capital gain or profit or with the intent of selling any livestock or poultry products as a commercial enterprise, including custom butchering. (The boarding or raising of livestock or poultry as farm animals or household pets pursuant to the regulations of this Chapter shall not be considered animal husbandry.)

   APARTMENT - see, DWELLING, MULTI-FAMILY.

   APPLICANT - any lessee or his authorized agent who submits plans, data and/or applications to the Zoning Officer or other designated Borough official for the purpose of obtaining approval thereof.

   AREA - the surface included within a set of lines.

   AREA, BUILDABLE - that portion of a lot bounded by the required front, side and rear yard setbacks,

   AREA, BUILDING - the total area of a lot covered by buildings, excluding uncovered patios, terraces and steps.

   AREA, LOT - the area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way, but including the area of any easement.

   AREA, SITE - the total area of a proposed development, regardless of interior lot lines or proposed lots, streets, or easements.

   ARTISTS, ARTISANS, AND CRAFTSMAN STUDIO - a place where a musician, photographer, dancer, or artist does his work, gives lessons, or sells related products.

   ASSISTED LIVING HOME - See NURSING HOME.

   AUTO SALVAGE OPERATION - see JUNKYARD and JUNKED VEHICLE.

   AUTOMOTIVE AND/OR MANUFACTURED HOME SALES FACILITY - any building or land area used for the display and sale of new or used automobiles, other motor vehicles, and/or manufactured homes including warranty repair or service associated work.

   AUTOMOTIVE REPAIR GARAGE - a building or structure used primarily for making major repairs to motor vehicles (automobiles, motorcycles, trucks, farm equipment or machinery, and/or snowmobiles), including overhauling, body work, painting, refinishing and upholstering, as well as incidental servicing and maintenance.

   AUTOMOTIVE SERVICE STATION - a building or place of business where gasoline or any motor vehicle fuel or oil or other lubricating substance, batteries, tires, and other automotive accessories are supplied and dispensed to the motor vehicle trade, at retail, and where minor repair service may be offered.

   BASEMENT - A) That portion of a building partly underground but having less than half of its clear height below the average lot grade. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if it is used for business or dwelling purposes. B) For floodplain management purposes, a basement shall be that area of a building or structure having its floor subgrade (below ground level) on all sides.

   BED AND BREAKFAST ESTABLISHMENT - an establishment, dwelling, or part thereof, in which individual rooms are offered for temporary lodging purposes by the owner or operator for limited periods of time. Breakfast or other meals may also be offered for overnight guests as a part of the lodging fee.

   BOARD OR ZONING HEARING BOARD - the Zoning Hearing Board of Millheim Borough, Centre County, PA.

   BOARDING HOUSE - an owner-occupied single-family dwelling or part thereof, where lodging is provided for a fee. Such lodging may be provided for no more than six (6) persons unrelated to the owner and shall be for periods of time in excess of one week, whether or not arrangements have been made for meals.

   BUFFER YARD - yard space, either landscaped or planted, provided between high intensity activities and other uses.

   BUILDING - a structure having walls and a roof that is used for the shelter, housing or enclosure of persons, animals, or property. The word “building” shall include any part thereof. Included shall be all mobile or manufactured homes and trailers used for human habitation.

   BUILDING, ACCESSORY - a detached, subordinate building located on the same lot as the principal building, serving a purpose customarily incidental to the use of the principal building.

   BUILDING, ATTACHED - a building which has one (1) or more walls in common with adjacent buildings.

   BUILDING, DETACHED - a building which has no common walls and is surrounded by open space on the same lot.

   BUILDING, PRINCIPAL - a building in which the principal use of the site is conducted.

   BUILDING COVERAGE - that percentage of the lot area covered by the total ground floor area of all principal and accessory buildings or structures, including covered porches, patios and decks, but excluding unenclosed parking spaces or loading areas.

   BUILDING HEIGHT - the vertical distance measured from the average elevation of the ground surrounding the building to a point midway between the highest and lowest point of the roof, excluding chimneys, spires, towers, tanks and similar projections which may be attached to the building.

   BUILDING LINE - the required setback (front, side, or rear) of a building from a property line.

   BUILDING SETBACK LINE - a line parallel to the street right-of-way line located at a distance which is equal to the front yard for the district in which the lot is located; i.e., the front yard setback.

   BUILDING/ZONING PERMIT - A) The permit required by this Chapter for the construction, alteration, or change of use of any building or structure. B) A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements of this Chapter for the district in which it is to be located. (See also TEMPORARY BUILDING/ZONING PERMIT)

   CAMP, CABIN, OR VACATION HOME (Seasonal Dwelling) - a permanent building intended for occupancy only occasionally during the year, including facilities intended as camps, cottages, lodges, hunting cabins, vacation homes and similar seasonal dwellings. For purposes of this Chapter, a recreational vehicle shall not be permitted as a permanent camp, cabin, or vacation home, but may be used on a temporary or seasonal basis.

   CAMPGROUND - a tract or tracts of ground, or portion thereof, used for the purpose of providing space for two (2) or more recreational vehicles or tents for camping purposes, with or without a fee charged for the leasing, renting, or occupancy of such space. Such facility may also include a recreational vehicle park.

   CARTWAY - the area of a street or alley within which vehicles are permitted, including travel lanes and on-street parking spaces, but excluding shoulders, curbs, sidewalks, or drainage swales.

   CELLAR - a portion of a building partly underground, having half or more than half of its clear height below grade. (See also BASEMENT.)

   CEMETERY - property used for interring the dead.

   CERTIFICATE OF NONCONFORMANCE - a certificate issued by the Zoning Officer which acknowledges the existence of a nonconforming use, structure or lot as of the effective date of this Chapter, thereby authorizing its right to continue until it is eliminated or abandoned.

   CHANGE OF USE - an alteration of a building or a change of use existing within a building or on a lot to a new use which imposes other provisions of this Chapter,

   CHILD DAY CARE FACILITIES - See DAY CARE CENTER.

   CHURCH OR PLACE OF WORSHIP - a building or structure, or group of buildings or structures which by design and construction are primarily intended for conducting organized religious or worship services, and uses customarily accessory and incidental thereto. For the purposes of this Chapter, uses such as schools, child nursery or day care facilities, social halls or similar places of assembly associated which the church or other place of worship shall require separate consideration and approval by Township officials.

   CLEAR SIGHT TRIANGLE - an area of unobstructed vision at street or driveway intersections defined by lines of sight between points at a given distance from the intersection of the street and/or driveway centerlines.

   CLINIC, MEDICAL OR DENTAL - see MEDICAL OR DENTAL CLINIC.

   CLUB OR SERVICE ORGANIZATION - an organization catering exclusively to members and their guests in premises or buildings for social, recreational, or administrative purposes which are not conducted for profit. Clubs shall include, but need not be limited to, service organizations, fraternal organizations, as well as social, athletic or similar groups.

   COMMERCIAL LODGING FACILITY - see LODGING FACILITY, COMMERCIAL.

   COMMISSION - the Planning Commission of Millheim Borough, Centre County, PA.

   COMMON OPEN SPACE - see OPEN SPACE, COMMON.

   COMMON WALL - a wall on an interior lot line or a fireproof wall adapted for joint service between two (2) buildings; i.e., a party wall.

   COMMUNICATIONS ANTENNA - any structure or device used for the purpose of collecting and transmitting electromagnetic waves, including, but not limited to, directional antennas such as panels, microwave dishes, satellite dishes, and omni-directional antenna, such as whip antennas.

   COMMUNICATIONS FACILITY - equipment, buildings, and structures involved in the transmitting and receiving electromagnetic waves.

   COMMUNICATIONS FACILITY BUILDING - the building in which electromagnetic receiving and relay equipment for a communications tower and antenna are housed.

   COMMUNICATIONS TOWER - any ground-mounted structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-support ing lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto. Not included are towers and supportive structures on residential dwellings for private noncommercial amateur purposes, including, but not limited to, ham radios and citizen band radios.

   COMMUNITY CENTERS - a structure designed or intended to provide space for neighborhood or community gatherings or assemblies, including grange halls or similar facilities.

   COMPREHENSIVE PLAN - the complete plan for future development of the Penns Valley Region in Centre County, PA, as adopted by resolution of the Millheim Borough Council, as amended.

   CONDITIONAL USE - a principal use allowed in certain districts which may only be authorized by the Borough Council as set forth in this Chapter, after review and recommendation by the Borough Planning Commission.

   CONDOMINIUM - a building or group of buildings in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.

   CONSTRUCTION - see NEW CONSTRUCTION.

   CONTRACTOR'S SHOP AND STORAGE YARD - a building or buildings and space used for the storage of construction equipment and/or building materials. Such uses may also include equipment repair facilities and office space.

   CONVENIENCE MARKET - a retail establishment selling a limited range of food products and some household or other consumer goods. Such facilities generally offer fewer items and maintain a smaller inventory of merchandise than a supermarket or grocery store. In some cases, gasoline and related automotive supplies are also offered on a self-service basis.

   CONVENIENCE PLAZA, MULTI-SERVICE - a retail establishment contained in one or more buildings offering a variety of products and services to the traveling public, including consumer goods or merchandise, gasoline and related automotive supplies, food and beverages, as well as ATM or similar convenience services.

   CONVERSION APARTMENT - a dwelling or other building existing at the effective date of this Chapter which is converted for residential occupancy by more than one (1) family.

   COUNTY - Centre County, PA.

   CULTIVATION - see LAND CULTIVATION.

   CULTURAL FACILITIES - art galleries, auditoriums, libraries, museums, community centers, botanical gardens, adult education centers, or other similar facilities, open to the public or connected with a permitted educational, institutional, philanthropic, service or religious use.

   DAY CARE CENTER - a private facility enrolling more than 12 young children where tuition, fees, or other forms of compensation for the care of the children may be charged and which is licensed, inspected and approved to operate as a child day care center by the PA Department of Public Welfare. For the purposes of this Chapter, such facilities may also provide care for adult, elderly, or handicapped persons.

   DENSITY - the number of families, individuals, dwelling units, or housing structures permitted to be constructed or situated on a specific unit of land.

   DENTAL CLINIC - see MEDICAL OR DENTAL CLINIC.

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

   DEVELOPMENT - any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of mobile homes or manufactured housing; streets, and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

   DISTRIBUTION CENTER - for the purposes of this Chapter, a distribution center shall be defined as a building or group of buildings containing 50,000 square feet of gross floor area and/or more than four (4) loading berths where merchandise is stored for ultimate distribution to specific wholesale or retail operators or to the general public. (See also TRANSPORTATION TERMINAL and WAREHOUSING FACILITY.)

   DISTRICT - a zoning district as laid out on the Zoning Map, along with the regulations pertaining thereto.

   DRIVEWAY - a minor vehicular access between a street and a parking area or garage within a lot or property.

   DUPLEXES - see DWELLING, TWO-FAMILY.

   DWELLING - a building, structure, or shelter designed for or occupied exclusively as the residence or sleeping place of one or more persons.

   DWELLING, MULTI-FAMILY - a dwelling structure containing three (3) or more dwelling units, with or without independent outside access, excluding single family attached dwelling structures as defined above, i.e. an apartment building.

   DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSES) - a dwelling structure containing one (1) dwelling unit from ground to roof, having independent outside access and a portion of one or two walls in common with an adjoining dwelling(s); i.e., a townhouse. For the purposes of this Chapter, a single-family attached dwelling structure shall contain a minimum of three (3) dwelling units,

   DWELLING, SINGLE-FAMILY DETACHED - a dwelling structure containing one (1) dwelling unit from ground to roof, having independent outside access and open space on all sides, including a mobile home as defined below. (See also MOBILE HOME.)

   DWELLING, TWO-FAMILY - a dwelling structure containing two (2) independent dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or a common basement or cellar; i.e., a duplex.

   For the purposes of this Chapter, a MULTI-FAMILY HOUSING DEVELOPMENT shall be defined as a development consisting of more than one (1) multi-family dwelling structure or more than one (1) single-family attached dwelling structure, or a combination thereof.

   DWELLING UNIT - one or more rooms in a dwelling structure designed for use by one or more individuals living as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities. Recreational vehicles, lodging facilities, personal care or nursing homes shall not be considered as dwelling units for the purposes of this Chapter.

   EATING AND DRINKING ESTABLISHMENTS - a retail establishment where food and/or drink is prepared, served, and consumed primarily within the principal building.

   ENCLOSED USE - a use which is located entirely within a building or structure.

   ENTERTAINMENT FACILITY, PUBLIC - an indoor facility operated as a business for profit, open to the public, for the purpose of providing entertainment, including, but not limited to, bowling alleys, roller skating rinks, amusement arcades, motion picture theaters, health clubs, and similar types of establishments, but excluding adult entertainment facilities as defined herein.

   ESSENTIAL SERVICES - utility services which are necessary for the preservation of public health and safety, including the placement, construction, installation, use, or maintenance of underground or overhead electrical, telephone, television, natural gas, water or sewage disposal systems. Such services may include the use of poles, wires, lines, mains, drains, sewers, pipes, conduit, cables, or similar equipment, including the structures in which they are housed.

   FAMILY - one (1) or more persons related by blood, marriage, adoption, or guardianship occupying a single dwelling unit and living as a single household unit using common living, cooking, sanitary and sleeping facilities. (See also GROUP FAMILY HOUSEHOLD.)

   FAMILY DAY CARE HOME - a family residence where care is provided for no more than six (6) children unrelated to the resident household and which is registered by the PA Department of Public Welfare to provide such care. For the purposes of this Chapter, a family day care home may also provide for care of up to six (6) adult or elderly persons.

   FARMER'S MARKET - a publicly or privately operated establishment held in an open area or structure where primarily agricultural products such as raw vegetables, fruits, syrups, herbs, flowers, plants, meats, nuts, and/ or handcrafted items are sold. Non-agricultural products and prepared foods may be sold but shall not occupy more than twenty-five (25) percent of the total sales area. Canopies may be allowed in order to provide protection from the elements for the vendors and their products. A temporary permit from Millheim Borough will be required.

   FARM-RELATED BUSINESS - for the purposes of this Chapter, a farm- related business shall be defined as a commercial enterprise conducted on a farm parcel which is related to or supportive of and accessory to an on-going agricultural operation located on the same tract.

   FENCE - any combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. For the purposes of this Chapter, a fence shall not be considered a structure and shall therefore not require the issuance of a building/zoning permit prior to its placement or erection.

   FINANCIAL OFFICE - for the purposes of this Chapter, a financial office shall include, but need not be limited to, a bank, credit union, loan company, or other lending institution, including drive-in windows, ATM machines, and similar night deposit facilities.

   FLEA MARKET - an occasional or periodic market held in an open area or structure where groups of individual sellers offer goods, primarily second hand and/or antique items, for sale to the public. Flea markets are not considered yard sales and a temporary permit from Millheim Borough will be required

   FLOOD - a temporary inundation of normally dry land areas.

   FLOOD, ONE HUNDRED YEAR - a flood that on the average is likely to occur once every 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year.)

   FLOODPLAIN - A) A relatively flat or low land area adjoining a river, stream or other watercourse which is subject to partial or complete inundation. B) An area subject to the unusual and rapid accumulation of runoff of surface waters from any source. *See Millheim Borough Codified Ordinances Chapter 8.

   FLOODPROOFING - any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures or their contents.

   FLOOR AREA - the area of a structure covered by floors.

   FLOOR AREA, GROSS - for the purpose of determining compliance with the minimum gross floor area requirements for dwelling units, gross floor area shall be defined as the sum of the gross horizontal areas of all of the floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, excluding interior parking spaces for motor vehicles, basement or cellar floor areas where this area is not used for business or dwelling purposes, and the area of enclosed or unenclosed porches, decks, patios and terraces.

   For the purpose of applying the requirements for off-street parking and loading, floor area in the case of office, merchandising, or service type uses, shall mean the gross floor area used or intended to be used by tenants, or for service to the public or customers, patrons, clients, or patients, including areas occupied by fixtures or equipment used for display or sale of merchandise.

   FLOOR AREA, HABITABLE - any floor area within a dwelling unit which is useable for living purposes, including area for working, sleeping, eating, cooking and recreation, or a combination thereof. Stairways, hallways and floor area used only for storage purposes, such as closet, attic or unimproved basement space shall not be considered habitable floor area, nor shall any space where the floor-to-ceiling height is less than five (5) feet.

   FOOD PROCESSING OPERATION - a commercial establishment in which food is processed or otherwise prepared for human consumption, but is not consumed on the premises.

   FORESTRY - 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.

   FUNERAL HOME - a building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

   GARAGE - a building or structure used for the parking and storage of vehicles.

   GARAGE, PRIVATE - an accessory building or an accessory portion of a principal building designed or used for the parking or storage of motor vehicles, which is not a commercial enterprise available to the general public, provided however that no more than one space therein may be leased to a non-resident of the premises.

   GARAGE, PUBLIC - a building or group of buildings used primarily for the parking or storage of motor vehicles available to the general public for compensation. (See also AUTOMOTIVE REPAIR GARAGE.)

   GENERAL STORE - see CONVENIENCE MARKET.

   GOVERNMENT FACILITIES - a facility housing governmental agencies or operations, including, but not limited to, U.S. Postal Service, PADOT, PA DEP, or other Federal, State, County or municipal operations. (See also PUBLIC SERVICE FACILITIES.)

   GRADE - the degree of rise or descent of a sloping surface.

   GRADE, FINISHED - the final elevation of the ground surface after development.

   GRADE, STREET - the elevation of the centerline of an existing or proposed street; the percentage of slope.

   GREENHOUSE - 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 subsequent sale or for personal enjoyment. (See also NURSERY.)

   GROCERY STORE - a retail establishment primarily selling food or groceries as well as other household goods or merchandise; i.e., a supermarket.

   GROUP DAY CARE HOME - a residence where day care is provided for between seven (7) and twelve (12) children unrelated to the resident household, which is licensed and inspected by the PA Department of Welfare to provide such care. For the purposes of this Chapter, such use may be either a principal or accessory use and may also provide care for adult or elderly persons.

   GROUP FAMILY HOUSEHOLD - a group of individuals not related by blood, marriage, adoption or guardianship living together in one dwelling unit as a single housekeeping unit under a common housekeeping plan based on an intentionally structured relationship providing organization and stability.

   GROUP HOME - a residence occupied by eight (8) or fewer persons unrelated by blood, marriage, adoption or guardianship which live together as a single housekeeping unit; i.e., a group family household. Such homes include, but are not limited to, homes for orphans, foster children, the elderly, mentally or physically handicapped persons, battered children and women, and specialized treatment facilities providing less than primary health care. (See also INSTITUTIONAL RESIDENCE.)

   HAZARDOUS MATERIALS - any substance or mixture of substances having properties capable of producing adverse effects on the health or safety of a human being.

   HOME OCCUPATION - an accessory use or service-oriented occupation operated for gain or profit conducted entirely within the dwelling or building accessory thereto, which is carried on by the inhabitants thereof and is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof.

   HORTICULTURE - the growing of fruits, vegetables, flowers, ornamental plants, shrubs, or trees for profit.

   HOUSE PETS - dogs, cats, or other animals which are domesticated for personal use and are generally housed within a dwelling unit.

   IDENTIFIED FLOODPLAIN AREA - those floodplain areas specifically identified on the Borough's National Flood Insurance Program Flood Mapping (as amended) and as being inundated by the 100-year flood.

   INDUSTRIAL OPERATION, LIGHT - for the purposes of this Chapter, light industrial operations shall be defined as those manufacturing, assembly, processing, and shipping activities which generate no audible noise off-site nor create odor discernible beyond the boundaries of the industrial site.

   INSTITUTIONAL RESIDENCE - establishments primarily engaged in the provision of residential, social and personal care for children, the elderly, and other special categories of persons with some limits on their ability for self-care, but where medical care is not a major element. These uses include, but are not limited to, group foster homes; residential alcohol and drug rehabilitation centers with incidental health care; children's boarding homes; halfway homes for persons with social or personal problems (except halfway homes for delinquents, offenders and other adjudicated individuals, and training schools for delinquent and other adjudicated individuals); homes for destitute individuals; homes for the deaf or blind; homes for emotionally disturbed or mentally or physically handicapped persons, with health care incidental; and group homes for nine (9) or more residents, excluding staff.

Residents of these facilities would be treated by staff in an institutional setting rather than living independently. Institutional housing where there is commercial rental or condominium ownership is also included in this category, with the exception of personal care homes as defined herein. Such facilities may also require licensing by the PA Department of Public Health or other State agencies.

   INSTITUTIONAL USE - a private, non-profit or quasi-public use or facility such as a church, library, a public or private school, nursing home, personal care home, or a municipally owned building, structure or land used for public purposes.

   JUNK - any discarded article or material not ordinarily disposed of as rubbish, garbage, or refuse and including, but not limited to, scrap metal, scrapped or junked vehicles, machinery, equipment, paper, rags, glass containers and other salvageable materials. For purposes of this Chapter, the term “junk” shall not include hazardous wastes or materials, industrial residual wastes, or municipal wastes as defined in the PA Solid Waste Management Act.

   JUNKYARD - *see Millheim Borough Codified Ordinances Chapter 15, Part 7, § 702, “Motor Vehicle Nuisances Prohibited.”

   JUNKED VEHICLE - *see Millheim Borough Codified Ordinances Chapter 15, Part 7, § 702, “Motor Vehicle Nuisances Prohibited.”

   KENNEL - for the purposes of this Chapter, a kennel shall be defined as an establishment where five (5) or more dogs and/or cats in excess of six (6) months old are housed, groomed, bred, boarded, trained or sold. (House pets maintained in a private home are excluded.) In addition, all requirements of the PA Dog Law, administered by the PA Department of Agriculture, shall be met before establishing a kennel in the Borough.

   LAND CONSERVATION ACTIVITIES - land uses including game lands, wildlife or nature preserves, or similar activities.

   LAND CULTIVATION - the tilling or cultivation of soil for crop or tree farming.

   LAND DEVELOPMENT - any of the following activities: the improvement of one lot, or two or more contiguous lots, tracts or parcels of land for any purpose involving: a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups, or other features; or a subdivision of land.

   LANDOWNER - the legal or beneficial owner(s) of land, including the holder of an option or contract to purchase (whether or not such option is subject to any condition), a lessee, if he is authorized under the lease to exercise the right of the landowner or other person having a proprietary interest in the land.

   LANDSCAPING - grass and other plantings such as trees, shrubs and/or bushes.

   LIBRARY - see CULTURAL FACILITIES.

   LIGHT INDUSTRIAL OPERATION - see INDUSTRIAL OPERATION, LIGHT.

   LIVESTOCK - for the purposes of this Chapter, livestock shall be defined to include cows, horses, sheep, llamas, and other similar types of farm animals.

   LIVE-WORK UNITS - a retail/business and residential use in one unit. The retail/business use shall be located in the front of the unit at street level and the residential use shall be located in back or rear of the unit.

   LOADING BERTH - an off-street space accessible from a street or alley in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.

   LODGING FACILITY, COMMERCIAL - a building or structure arranged or used for sheltering, sleeping, and/or feeding of overnight guests for limited periods of time, including hotels, motels, inns and other similar types of commercial lodging establishments. Dining facilities associated with such uses may also be open or available to the public if authorized by the proper Borough officials. (See also BED AND BREAKFAST ESTABLISHMENT.)

   LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

   LOT AREA - see AREA.

   LOT DEPTH - the distance measured from the front lot line to the rear lot line.

   LOT WIDTH - the distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, between such lot line and the opposite lot line.

   LOT, CORNER - a lot with two adjacent sides abutting on streets. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.

   LOT, DOUBLE FRONTAGE - a lot which extends from one street along its front lot line to another street along its rear lot line, with frontage on both streets.

   LOT, REVERSE FRONTAGE - a double frontage lot which is not accessible from one of the streets upon which it fronts, usually due to topographic constraints or safety considerations.

   LOT LINES - the property lines bounding the lot.

   LOT LINE, FRONT - the line separating the lot from a street right-of-way; or where a lot has no road frontage, the lot line opposite the rear lot line.

   LOT LINE, REAR - the lot line opposite and most distant from the front lot line.

   LOT LINE, SIDE - any lot line other than a front or rear lot line.

   LOT OF RECORD - a lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Centre County, PA.

   LUMBER YARD - a business establishment primarily engaged in the sale of lumber and related products to contractors or the general public.

   MACHINE SHOP - a workshop, manufacturing facility, or other industrial operation where machines are built, repaired or assembled. For the purposes of this Chapter, such facilities shall include tool and die making, engine rebuilding, and similar types of activities.

   MANUFACTURING - the act of producing, preparing or assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.

   MARKET VALUE - the fair market price of a structure or property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.

   MEDICAL OR DENTAL CLINIC - for the purposes of this Chapter, a medical or dental clinic shall be defined as an establishment housing three (3) or more physicians, dentists, psychologists, social workers, or similar practitioners, where patients are received for examination or treatment, but where no patients are lodged overnight.

   MICROBREWERY - A brewery operation that produces less than 15,000 barrels (465,000 US gallons) of beer on its licensed premises each calendar year. This licensed premises may provide for on-site consumption and retail sales of beer, food service, events, and wholesale beer distribution.

   MICRODISTILLERY - A distillery operation that produces less than 2,000 barrels (110,000 US gallons) of spirits on its licensed premises each calendar year. This licensed premises may provide for on-site consumption and retail sales of spirits, food service, events, and wholesale distribution of spirits.

   MICROWINERY - A winery operation that produces less than 2,000 barrels (110,000 US gallons) of wine on its licensed premises each calendar year. This licensed premises may provide for on-site consumption and retail sales of wine, food service, events, and wholesale distribution of wine.

   MOBILE HOME - a transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two 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 is constructed so that it may be used without a permanent foundation. For floodplain management purposes, the term shall also include park trailers, travel trailers, recreational vehicles and other similar types of manufactured homes which are placed on a site for a period of time exceeding 180 consecutive days.

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

   MOBILE HOME PAD OR STAND - that part of an individual mobile home lot, which has been reserved for the placement of a mobile home and appurtenant structures and connections.

   MOBILE HOME PARK - a parcel or contiguous parcels of land which has been so designated and improved that it contains two (2) or more mobile home lots for the placement thereon of mobile homes. For floodplain management purposes, the term shall also include facilities for the placement of two (2) or more park trailers, travel trailers, recreational vehicles, and other similar types of manufactured housing for a period of time exceeding 180 consecutive days.

   MULTI-FAMILY HOMES - see DWELLING, MULTI-FAMILY

   MULTI-SERVICE CONVENIENCE PLAZA - see CONVENIENCE PLAZA, MULTI-SERVICE.

   MUNICIPALITY - Millheim Borough, Centre County, PA.

   MUSEUM - see CULTURAL FACILITIES.

   NEIGHBORHOOD RETAIL BUSINESS - retail stores, shops, or establishments engaged in selling goods and merchandise to the general public for personal household use and rendering services incidental to the sale of such goods. [Ord. 242]

   NEW CONSTRUCTION - the construction, reconstruction, renovation, repair, extension, expansion, alteration, location or relocation of a building (including mobile and manufactured homes), structure, and/or improvements (such as streets, utilities, etc.). For floodplain management purposes, the term shall pertain to structures for which the start of construction commenced on or after March 5, 1984, and includes any subsequent improvements thereto.

   NONCONFORMING LOT - a lot which does not conform to the minimum width, depth, or other dimensional requirements specified for the district in which it is located, including those lots which existed prior to the enactment of this Chapter.

   NONCONFORMING STRUCTURE - a structure or part of a structure not designed or built to comply with the use or extent of use provisions of this Chapter, including those structures, which lawfully existed prior to the enactment of this Chapter or amendment. Such nonconforming structures include, but shall not be limited to, nonconforming signs.

   NONCONFORMING USE - a use of a building or land which does not comply with the applicable use regulations (Part 3) of this Chapter or amendment, including those uses which lawfully existed prior to the enactment of this Chapter or amendment.

   NURSERY - land and/or greenhouses used to raise flowers, shrubs, trees, and plants for sale. (See also GREENHOUSE.)

   NURSING HOME - a state-licensed institutional establishment which provides full-time convalescent or chronic nursing and/or medical care. Such facilities shall not provide surgical, obstetrical or other services generally provided by a hospital.

   OFFICE - see PROFESSIONAL OFFICE.

   OFFICE COMPLEX - for the purposes of this Chapter, an office complex shall be defined as a group of three (3) or more offices, which have been planned, developed and managed as a unit, whether contained in one building or in several buildings on the same tract.

   ON-LOT SEWAGE SYSTEM - see SEWAGE SYSTEM, INDIVIDUAL ON-LOT.

   OPEN SPACE - space not occupied by a structure, open to the sky, and on the same lot with the building or structure.

   OPEN SPACE, COMMON - land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use and enjoyment of the residents of the development and which may include complementary structures and improvements as are necessary and appropriate, but shall not include streets, off-street parking areas, and areas set aside for public facilities or utilities.

   OPEN SPACE, PUBLIC - any land area set aside, dedicated, designated or reserved for public enjoyment.

   ORCHARD - land used for growing fruit and/or nut trees where the fruit or nuts produced are sold on a wholesale or retail basis.

   OUTDOOR PUBLIC RECREATION USES - an outdoor recreation facility, including a ball field, a golf course, golf driving range, a miniature golf course, swimming or tennis club, and similar facilities. (See also PARKS OR PLAYGROUND.)

   PARKING AREA - an open area, other than a street or other public way, used for the parking of automobiles which is available to the public whether for a fee, free, or as an accommodation for clients or customers.

   PARKING SPACE - an off-street area on a lot available for the parking of one (1) motor vehicle and having direct, useable access to a street or road. For the purposes of this Chapter, parking space shall include uncovered lot space located off of any right-of-way and enclosed garage space.

   PARKS OR PLAYGROUND - a public, semi-public or private park or park-type facility which provides for outdoor recreational enjoyment and activity, either for free or on a fee basis. Such facilities may include tennis or basketball courts, athletic fields, swimming, hiking and picnic areas, playgrounds and tot lots, and may include buildings and accessory structures.

   PERMITTED USE - a principal use allowed in a zoning district, subject to the applicable district regulations, and approved by the Zoning Officer.

   PERSONAL CARE HOME - a state-licensed institutional facility providing supervised care services, including meals and less than full-time skilled or intermediate nursing care, for individuals, usually the elderly.

   PERSONAL SERVICE BUSINESS - for the purposes of this Chapter, a personal service business shall be defined as a small-scale retail business providing direct service or care to a patron or client, including, but not limited to, a barber or beauty shop, a tailor or dressmaker's shop, a music or art studio, upholstery or shoe repair facility, or similar establishment of a related nature.

   PERSONAL STORAGE WAREHOUSE - a warehousing facility where separate storage spaces of varying size are available for lease or rental, usually on a self-service basis. For the purposes of this Chapter, there shall be no residential occupancy of nor commercial sales conducted from such storage areas.

   PLANNING COMMISSION - the Planning Commission of Millheim Borough, Centre County, PA.

   POULTRY - domesticated birds kept for eggs or meat.

   PRINCIPAL USE - see USE, PRINCIPAL.

   PRIVATE LAND CONSERVATION - (see also LAND CONSERVATION ACTIVITIES and PUBLIC LAND CONSERVATION.)

   PROFESSIONAL OFFICE - an office occupied by up to two (2) members of a recognized profession, including, but not limited to, a real estate or insurance agency, medical or dental office, attorney's office, financial institution, or similar operation. A professional office may be considered a home occupation when conducted from a residence, by a member of the resident family and when the office is clearly secondary to the residential use of the dwelling. (See also OFFICE COMPLEX and MEDICAL OR DENTAL CLINIC.)

   PUBLIC AND PRIVATE SCHOOLS - see SCHOOL.

   PUBLIC ENTERTAINMENT FACILITY - see ENTERTAINMENT FACILITY, PUBLIC.

   PUBLIC HEARING - a formal meeting held pursuant to public notice by the Borough Council, Borough Planning Commission, or Borough Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accordance with this Chapter.

   PUBLIC LAND CONSERVATION - (see also LAND CONSERVATION ACTIVITIES and PRIVATE LAND CONSERVATION.)

   PUBLIC MEETING - a forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84) known as the “Sunshine Act.”

   PUBLIC NOTICE - notice published once each week for two (2) successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than 7 days from the date of the hearing.

   PUBLIC SERVICE FACILITIES - a facility housing public service organizations, including State or local police departments, fire, and ambulance companies. (See also GOVERNMENT FACILITIES.)

   PUBLIC UTILITY IMPROVEMENTS - facilities, buildings and/or structures constructed and maintained by public utility companies, municipal or governmental agencies, or public service corporations, which are necessary for the provision of utility services to the general public. Such facilities shall include, but need not be limited to, electrical substations, water or sewage treatment plants, reservoirs, pump stations, or other similar facilities. For the purposes of this Chapter, public utility improvements shall not include commercial communications facilities. (See also COMMUNICATIONS ANTENNA, COMMUNICATIONS TOWERS, AND/OR COMMUNICATIONS FACILITY BUILDING.)

   RECREATIONAL VEHICLE - a portable or mobile vehicle used for temporary living or sleeping accommodation, without a permanent foundation. Recreational vehicles shall include travel trailers, house trailers, truck campers, motor homes and other similar types of vehicles used for recreational, camping or travel purposes. Such vehicles are permitted to be used in campground areas in the municipality or on private independent parcels.

   RECREATIONAL VEHICLE PARK - any site upon which two (2) or more recreational vehicles are, or intended to be located. (See also CAMPGROUND.)

   RECYCLABLE MATERIALS - for the purposes of this Chapter, recyclable materials shall be defined as those designated waste products which are collected at approved recycling drop-off centers in the Borough for transformation into new and/or different products at another location,

   RECYCLING DROP-OFF CENTER - for the purposes of this Chapter, a recycling drop-off center shall be defined as a facility intended for the collection of recyclable materials, not including municipal, residual, or hazardous waste transfer stations.

   RESTAURANT - see EATING AND DRINKING ESTABLISHMENTS.

   RETAIL SHOPPING COMPLEX - for the purposes of this Chapter, a shopping center shall be defined as a group of three (3) or more commercial establishments, which have been planned, developed and managed as a unit, whether contained in one (1) building or in several buildings on the same tract. This definition shall also include retail shopping complexes and shopping malls.

   RETIREMENT CENTER - a facility, establishment, or development designed to meet the needs of, and exclusively for, senior citizens. (See also NURSING HOME, and PERSONAL CARE HOME.)

   RIDING ACADEMY - an establishment where horses are kept for riding, jumping, or showing for compensation or incidental to the operation of a club, association, or similar group.

   ROOF - the outside cover of a building or structure other than its walls, including all of the materials and construction necessary to maintain the cover upon its walls or other support.

   SAWMILL - a building or business establishment equipped with machinery for cutting lumber into boards.

   SCHOOL - an establishment or facility, or part thereof, which is designed, constructed, or used for public or private education. For the purposes of this Chapter, such facilities shall not include halfway homes or training facilities for delinquents, offenders, and other adjudicated individuals, nor other detention or retention facilities providing residential or “live-in” services.

   SCREEN PLANTING - the provision of a barrier to visibility, glare and noise between adjacent properties made of plant materials, such as trees or shrubs, which will be of such species that will produce the desired visual screen. Such plantings shall be broken only at points of vehicular or pedestrian access or utility easements.

   SCREENING - the provision of a visual shield or barrier, which may include vegetative plantings; fencing; or the placement or utilization of natural or man-made berms or landforms between adjacent properties, structures or uses.

   SEWAGE FACILITY - a system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of the Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other wastes.

   SEWAGE SYSTEM, COMMUNITY - a sewage facility, whether publicly or privately owned, for the collection of sewage from two (2) or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one (1) or more of the lots or at another site.

   SEWAGE SYSTEM, INDIVIDUAL - a sewage facility, whether publicly or privately owned, located on a single lot and serving one (1) equivalent dwelling unit and collecting, treating, and disposing of sewage in whole or in part into the soil or into waters of the Commonwealth or by means of conveyance of retaining tank wastes to another site for final disposal.

   SEWAGE SYSTEM, INDIVIDUAL ON-LOT - an individual sewage system which uses a system of piping, tanks or other facilities for the collection, treatment, and disposal of sewage into a subsurface absorption area or a retaining tank located on the same site as the use it serves.

   SEWAGE SYSTEM, INDIVIDUAL SEWERAGE - an individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a subsurface absorption area, or retention in a retaining tank.

   SIGHT DISTANCE - A) the length of street, measured along the centerline, which is continuously visible from any point four (4) feet above the centerline, B) that area of unobstructed vision at street intersections formed by lines of sight between points which are a specified distance from the intersection of the street centerlines, C) the amount of distance required to be provided at a street or driveway intersection which is considered adequate for a driver to be able to see in order to proceed in a safe manner.

   SIGN - any device, structure or object used for visual communication or for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia of any government.

   SIGN AREA - the entire face of a single side of a sign, including all advertising surface and any framing, trim, molding, or border area, but excluding any supporting framework or bracing.

   SIGN HEIGHT - the vertical distance measured from the highest point of the sign to the average finished grade of the proposed sign site.

   SINGLE-FAMILY HOMES - see DWELLING, SINGLE-FAMILY DETACHED.

   SLOPE - 1) the face of an embankment or cut section, 2) the degree of deviation of a surface from the horizontal, usually expressed in percent or degrees, i.e., a ratio determined by dividing the vertical distance between two (2) points (change in elevation) by the horizontal distance measured between the same two (2) points.

   SOLID WASTE - any waste, including but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semi-solid or contained gaseous materials. (See also HAZARDOUS MATERIALS.)

   STABLE - a building in which one or more horses are boarded, whether or not for compensation, hire or sale, not including the boarding of horses for personal use.

   STORAGE - a place or space for storing goods, articles of personal property, materials, etc.

   STORAGE FACILITIES - see WAREHOUSING FACILITY.

   STORAGE TRAILER - for the purposes of this Chapter, a storage trailer shall be defined as that part of a tractor-trailer truck which is pulled by the tractor, but which has been detached from the tractor and placed on a lot for use as a temporary accessory storage facility

   STORAGE, UNENCLOSED - for the purposes of this Chapter, unenclosed storage shall be defined as the outdoor or unenclosed accessory storage of materials, equipment or other items of personal property on a lot occupied by the owner of the item(s) being stored. The unenclosed storage of products or equipment used in the performance of agricultural activities may also be permitted on a lot or land not occupied by the owner of the item(s).

   STREET - any thoroughfare, whether public or private, located in whole or in part within Millheim Borough, excluding alleys. The word “road” may be used interchangeably with the word “street.”

   STREET LINE - the dividing line between the street right-of-way and the lot, also known as the right-of-way line.

   STRUCTURE - any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including buildings, sheds, telecommunications towers, signs, but excluding fences, poles, playground equipment, mailboxes, lawn ornaments and other similar objects. For floodplain management purposes, the term shall also include a gas or liquid storage tank that is principally above ground, as well as a mobile or manufactured home.

   STRUCTURE, ACCESSORY - a structure detached from a principal structure located on the same lot and customarily incidental and subordinate to the principal building, structure or use.

   STRUCTURE, PRINCIPAL - the main or primary structure on a given lot.

   STUDIO - see ARTISTS, ARTISANS, AND CRAFTSMAN STUDIO.

   SUBDIVISION - the division or re-division of a lot, tract or parcel of land by any means into two or more lots, tracts or 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 ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

   SUPERMARKET - see GROCERY STORE.

   SWIMMING POOL - a body of water in an artificial container, whether located in or above the ground, having a depth at any point of more than two (2) feet or a surface area of more than 250 square feet, used or intended to be used for swimming by children and/or adults.

   TEMPORARY BUILDING/ZONING PERMIT - a building/zoning permit authorized by the Zoning Officer for a non-permanent building, structure or use where such structure or use is deemed to be beneficial to the public health or general welfare or necessary to promote the proper development of the Borough, or for temporary uses or structures.

   TEMPORARY STRUCTURE - a non-permanent structure or building which is located on a lot in the Borough for a specified duration.

   TEMPORARY USE - a short-term use or special activity which occurs in the Borough and exceeds more than a single day in duration, including, but not limited to, carnivals, circuses, farmers markets, flea markets, open-air cultural, religious, or sporting events. Although such a use may be held periodically, in order to retain its temporary status, it may not be an on-going operation or use.

   TOWNHOUSES - see DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSES).

   TRANSPORTATION TERMINAL - any building or premises upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is located or conducted, including the dispensing of motor fuel or other petroleum products, the sale of accessories or equipment for motor vehicles, or the temporary storage of freight or cargo. Such uses may also include overnight accommodations and restaurant facilities intended primarily to serve the needs of drivers or the motoring public if approved by the proper Borough officials. Such uses may also include facilities for the servicing of bus or train passengers. (See also DISTRIBUTION CENTER.)

   TREE FARM - land used for the purpose of growing trees for sale.

   UNENCLOSED STORAGE - see STORAGE, UNENCLOSED.

   USE - the specific purpose or activity for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

   USE, ACCESSORY - a use subordinate to the principal use of a budding, structure or land located on the same lot and serving a purpose customarily incidental to the principal use. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.

   USE, PRINCIPAL - the primary purpose for which a lot is occupied or utilized.

   VACATION HOME - see CAMP, CABIN, OR VACATION HOME (Seasonal Dwelling).

   VARIANCE - a modification of the provisions of this Chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.

   VETERINARY HOSPITAL - an establishment where animals are given medical or surgical treatment and may be boarded for short-term care incidental to their treatment.

   WALL - a vertical architectural structure that serves to define and divide space, especially the sides of a building that connects the foundation to the roof.

   WAREHOUSING FACILITY - a building used primarily for the storage of goods and materials, including facilities handling freight for a specific commercial or industrial operation, and those facilities available to the general public. (See also PERSONAL STORAGE WAREHOUSE.)

   WATER FACILITY - any water works, water supply works, water distribution system or part thereof designed, intended or constructed to provide or distribute potable water.

   WATER SYSTEM - a water facility providing potable water to individual lots or the public for human consumption.

   WATER SYSTEM, NON-PUBLIC - all water systems which are not public water systems.

   WATER SYSTEM, OFF-LOT - an approved system in which potable water is supplied to a dwelling or other building from a central water source which is not located on the lot with the dwelling or building.

   WATER SYSTEM, ON-LOT - a well or other approved system designed to provide potable water to a dwelling or other building located on the same lot as the source.

   WATER SYSTEM, PUBLIC - a water system as defined by the PA Department of Environmental Protection, which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.

   WETLANDS - areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes, but is not limited to, the United States Forest Service Wetlands Inventory of PA, the PA Coastal Zone Management Plan, the United States Fish and Wildlife National Wetland Inventory, and a wetland area designated by a river basin commission,

   YARD - an open space which lies on the same lot with a building or structure, unoccupied and unobstructed from the ground upward.

   YARD, FRONT - an open space extending the full width of the lot between the principal building or structure and the street right-of-way line or front lot line, unoccupied and unobstructed from the ground upward.

   YARD, REAR - an open space extending the full width of the lot between the principal building or structure and the rear lot line, unoccupied and unobstructed from the ground upward.

   YARD, REQUIRED - the minimum area or open space required by this Chapter to be provided between any front, side or rear lot line and a principal or accessory building(s) or structure(s) on the lot.

   YARD, SIDE - an open space extending from the front yard to the rear yard between the principal building or structure and the side lot line, unoccupied and unobstructed from the ground upward.

   YARD SALE - *See Millheim Borough Codified Ordinances Chapter 13, Part 4.

   ZONING HEARING BOARD - the Zoning Hearing Board of Millheim Borough, Centre County, PA; appointed by the Borough Council.

   ZONING MAP - the official Zoning Map of Millheim Borough, Centre County, PA, together with all notations, references and amendments, which may hereafter be enacted.

   ZONING OFFICER - the administrative officer duly appointed by the Borough Council and charged with the duty of enforcing the provisions of this Chapter, the Millheim Borough Zoning Ordinance.

   ZONING PERMIT - see BUILDING/ZONING PERMIT.