Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTThe cessation of a use of a property, land, and/or other structures by the owner, with intention of neither resuming the use nor transferring the use of the property to another who will continue the existing use.
ACCESSORY BUILDINGA detached, subordinate building, the use of which is entirely incidental to that of the principal building and is used for an accessory use, and is located on the same lot. An accessory building includes storage or utility sheds for residential purposes.
ACCESSORY USEA use customarily incidental and subordinate to and located on the same lot occupied by the principal use to which it relates.
ADULT-ORIENTED BUSINESSA business or club which engages in one or more of the following areas of sales, services, or entertainment:
(1) (a) Which has a substantial or significant portion of its stock-in-trade consisting of the following items:
[1] Books, magazines, or other periodicals, films, or other forms or audio or visual representation which are characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas;
[2] Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities; and/or
[3] To which the public is permitted wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, and the like are maintained to show images, with or without sound, where the images are characterized by sexual activities or uncovered male or female genital areas.
(2) ADULT THEATERAny theater, auditorium, concert hall or other place of assembly:
(a) Presenting any form of audio and/or visual material and in which a substantial portion of the presentation time measured over any consecutive twelve-month period is devoted to the showing of material which is characterized by sexual activities or uncovered male or female genital areas.
(b) Featuring live performances on a regular basis which is characterized by sexual activities or uncovered male or female genital areas, including exotic dancing or stripping featuring uncovered female breasts and/or genital areas.
(3) MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth, not including athletic clubs, health clubs, schools, gymnasiums, reducing salon, spa or similar establishment where similar manipulation of the human body is offered as an incidental or accessory service.
AGRICULTURE, EXTENSIVEIncludes the customary growing of crops and raising of livestock for production or meat, dairy products, skins and like activities such as horticulture, excluding intensive agriculture as hereinafter defined. Extensive agricultural typically requires substantial areas of land, and, by reason of disbursed activity, generally presents few environmental problems, such as runoff, animal waste concentrations and the like.
AGRICULTURE, INTENSIVEIncludes, but may not be limited to the following activities: raising of poultry, mushroom houses, fattening pens, enclosed feed lots, and pig lots which typically result in strong offensive odors, substantial runoff, large concentrations of animal waste, noise, extensive use of chemicals, compost and manure piles.
ALTERATIONAny change in or addition to the supporting members of a building or structure such as beams, bearing walls, columns, girders, joists, or rafters; enclosing walls; doors or windows, in exterior walls; or changing outside physical dimensions of the building or structure.
ANIMAL SHELTERA portion of a rear yard area which contains a structure, not including a stable, to house animals or fowl for noncommercial purposes.
ANTENNAA device used to receive and/or transmit wireless radio, television, telephone, digital or other communications, including microwave dishes, panels, grids and poles.
ANTENNA SUPPORT STRUCTUREAny monopole, telescoping mast, tower, tripod, lattice structure or any other type of structure used to support an antenna(s); also called a communication tower.
ANTENNA SUPPORT STRUCTURE HEIGHTThe vertical distance, measured along the vertical center line of the antenna support structure from the grade of original and undisturbed ground to the highest point of the antenna(s) and antenna support structure.
APARTMENT BUILDINGA structure containing three or more dwelling units each with one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit.
APARTMENT, UPPER-LEVELAn apartment or group of apartments, none of which is located entirely on the first or ground floor, which floor is occupied by another principal use(s), except their entrance(s) and/or lobbies.
APPLICANTA landowner or developer, including heirs, successors, assigns and grantees, who has filed an application for subdivision and/or land development, as defined herein, as or an application for a special exception, variance or conditional use.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, which is filed and required to be approved prior to the start of construction of development, including but not limited to an application for a building permit, for the approval of a subdivision plan, or for the approval of a land development plan.
AUTOMOBILE REPAIR/SERVICE STATIONA structure, building or area of land or any portion thereof that is used for the sale of gasoline and/or other motor vehicle fuel, which may or may not include facilities for lubrication, service, washing or minor repair or painting new or used vehicles or the replacement or refurbishment of body components, drivetrain components, and similar components of motor vehicles, farm equipment and machinery, boats, trailers, lawn mowers, motorcycles, and other vehicles and equipment. Any use dispensing motor fuel for its own vehicles will not be deemed to be an automobile service station.
AUTOMOTIVE ACCESSORIESThe sale of "automotive accessories," parts, tires, batteries and other supplies. Installation and storage of parts shall be in an enclosed structure.
AUTOMOTIVE SALES AND SERVICEThe use of any building or land for the display and sale of new and used automobiles, panel trucks, vans, trailers, recreational vehicles, motorcycles, and trucks and for repair and replacement of the mechanical components of same when conducted as an accessory use related to the primary use of sales.
BASEMENTThe part of a building below the first floor which is wholly or partly underground. It shall be considered a story for the purposes of height measurement or square footage of floor area if used for business purposes or human habitation.
BED-AND-BREAKFAST INNAn owner-occupied building used for the accommodation of transient guests, chiefly motorists, that contains guest rooms for rent and that provides at least one meal prepared by the owner or a designated helper.
BUILDINGA structure under roof, whether stationary or movable, designed or used for the shelter, housing, enclosure or support of persons, animals or property. The word "building" shall include any part thereof.
BUILDING AREAThe area of a site which is under any part of a building.
BUILDING COVERAGEThe portion of the lot area covered by buildings, often expressed as a percentage.
BUILDING HEIGHTA vertical distance measured from the elevation of the finished grade at the front of the building or structure to the highest point of the roof structure.
BUILDING SETBACK LINEA line, within and extending the full width of a lot that is parallel to the street line and setback from the street line a distance equal to the depth of the minimum required front yard.
BUILDING SPACINGThe minimum distance between buildings as measured from the outermost wall or projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters. These exceptions may encroach no more than three feet.
BULKThe term used to describe the size, height and floor area of buildings or other structures and their relationship to each other, to open areas such as yards, and to lots lines; the relation of the number of dwelling units in a residential building to the area of the lot (usually called "density"); all open areas in yard space relating to buildings and other structures.
CAR-WASHING FACILITYA commercial establishment primarily engaged in the automated washing of vehicle exteriors or which provides bays for hand-washing of cars and which may or may not include vehicle vacuum services.
CARTWAYThe paved area of a public or private street, within which vehicles are permitted, including travel lanes, but not including shoulders, curbs, gutters, sidewalks or drainage swales.
CEMETERYA burial place or graveyard, including mausoleum, crematory, columbarium, or chapel.
CHANGE OF USEAn alteration of a building, structure or land by change of use, heretofore existing, to a new use which imposes other special provisions of law governing building construction, equipment, exits, or zoning regulations.
COMMERCIAL RECREATIONA privately owned, indoor recreation center which may include such recreational uses such as basketball courts, batting cages, multipurpose room(s) and the like.
COMMON OPEN SPACEThose areas within a residential development dedicated to the use of the residents thereof or to the public generally. Common open space areas shall include, but are not limited to, those areas dedicated to active or passive parks and recreation areas, not including streets, off-street parking areas, and areas set aside for public facilities, such as areas for public sewer or water systems and stormwater management facilities.
COMMUNITY CENTERA building and its land providing recreation opportunities, an adult education center, or other similar facility operated by an educational, philanthropic, municipal or religious institution.
COMMUNITY PARKA tract of land designated and used by the public primarily for either active and/or passive recreation.
CONDITIONAL USEA use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this chapter and the Pennsylvania Municipalities Planning Code, as amended.
CONSTRUCTION SITEThe total area wherein building, rebuilding, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of prefabricated or mobile units takes place.
CONTINUING-CARE RETIREMENT COMMUNITYA proprietary facility licensed by a governmental authority for the accommodation of elderly persons which may provide its residents with a range of dwelling unit types, services and nursing care which they may require and which may include independent living units and more supportive care facilities (known as "personal care" or "assisted living") and nursing care. In addition, continuing-care retirement communities may provide accessory uses including, but not limited to, respite care in the nursing facility, hospice, home-delivered meals, on-site satellite adult and intergenerational day-care center, home health care and other incidental services. For the purposes of this definition, a nursing home shall be considered a continuing-care retirement community.
CONVENIENCE STOREA use that primarily sells routine household goods, groceries, prepared ready to eat foods and similar miscellaneous items to the general public, but is not primarily a restaurant and which has a building with a floor area of less than 6,500 square feet. A convenience store may include fuel dispensing facilities as an accessory use. A lot containing a convenience store may include other accessory uses if appropriate approvals are obtained.
CRAFTS, SKILLEDCrafts and trades such as plumbing, carpentry, upholstery, cabinet-making, furniture-making, planning mill and similar activities.
DAY-CARE CENTER/NURSERY SCHOOLA facility which provides out-of-home care for part of a twenty-four-hour day to children under 16 years of age, excluding care provided by relatives. Additionally, a day-care center. Nursery school is a facility in which care is provided for seven or more children at any one time and where the child care areas are not being used as a family residence.
DECKWood or concrete structure installed above grade and without walls or roof as an extension or addition to a dwelling unit.
DENSITYA measure of the number of dwelling units per acre of land area. It shall be expressed in dwelling units per acre.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of manufactured homes, streets and other pavings, utilities, filling, grading, excavation, mining, dredging, or other drilling operations, as well as the subdivision of land.
DRIVEWAYA private cartway providing vehicular access to and from a public or private street to an abutting parcel. A driveway shall be limited to serving only one use and in the case of residential uses not more than two dwelling units.
DWELLING UNITA room or group of rooms located within a residential building and forming a single, habitable unit with facilities used, or intended to be used, for residential occupancy by one family which has separate cooking and sanitary facilities; sometimes also referred to as a "dwelling."
DWELLING, MANUFACTURED HOMEA fully prefabricated transportable, single-family detached dwelling unit intended for household occupancy contained in one or more units designed to be joined into one integral unit, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and household furnishings. It is constructed as required by the Borough Building Code and shall be placed on a permanent foundation with the same, or equivalent, electrical plumbing and sanitary facilities as for a conventional stick-built single-family detached dwelling. A manufactured home may include any addition or accessory structure such as porches, sheds, decks, which are attached to it.
DWELLING, MANUFACTURED HOMEA transportable, single-family detached dwelling unit intended for household occupancy contained in one or two units designed to be joined into one integral unit, 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, but with the same, or equivalent, electrical, plumbing and sanitary facilities as for a conventional addition or accessory structure such as porches, sheds, decks, which are attached to it.
DWELLING, MULTIFAMILYA building designed for and occupied exclusively as a residence for two or more households living independently of each other.
DWELLING, MULTIFAMILY, CONDOMINIUMA dwelling or group of dwellings specifically designed for separate ownership of the individual dwelling units, which may have a common access to the exterior of the building, with the remainder of the building and grounds designated for common ownership (see "condominium"), but are only allowed in accordance with the specific terms and conditions of this chapter.
DWELLING, QUADRAPLEXA freestanding building containing four dwelling units arranged in a square or similar configuration so that each dwelling unit shares at least two interior walls with at least two other dwellings.
DWELLING, SINGLE-FAMILY ATTACHEDA dwelling with party walls separating two or more single-family dwelling units including triplex, quadraplex, multiplex and townhouse buildings.
DWELLING, SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent dwelling unit, exclusive of manufactured homes as defined herein.
DWELLING, TWO-FAMILY DETACHED (DUPLEX)A building designed for and occupied as a residence, containing two dwelling units and having no common or party wall with any adjacent dwelling.
 Dwelling Unit Types |
EASEMENTA right-of-way granted for the limited use of land for public or quasi-public purposes. The owner of the property on which an easement is situated shall not have the right to make use of the land contained within the easement in a manner which violates or diminishes the rights of the grantee described in the easement agreement.
ECHO HOUSINGAn additional dwelling unit created by the addition to or conversion of an existing principal dwelling or by the placement of a manufactured home on a property containing an existing dwelling, for occupancy by persons related by blood, marriage or adoption to the occupants of the principal dwelling.
EMERGENCY SERVICESFire, ambulance, rescue or other emergency services of a municipal or volunteer nature.
EMPLOYEEA person who is employed or is engaged in gainful activity. For the purposes of this chapter, the terms shall refer to the maximum number of employees on duty at any time, at a place of business, whether the employees are full or part-time. If shifts are involved in which two shifts overlap, it refers to the total of the both shifts.
ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania.
FAMILYAn individual or individuals related by blood, marriage, or adoption (including persons receiving foster care) that maintain one common household and live within one dwelling unit. Additionally, for the purposes of determining eligibility to occupy a dwelling unit, up to three unrelated individuals who maintain a common household and live within one dwelling unit. A family shall also include any number of unrelated persons who reside within a group home, licensed by an appropriate governmental agency, to provide a supportive living arrangement for unrelated individuals where special care is needed by the individuals served due to age, emotional, mental, or physical handicap and shall expressly include facilities for the supervised care of developmentally disabled persons. It is the intent of the Borough that this definition be interpreted to comply with the Federal Fair Housing Amendments Act.
FAMILY DAY CAREA family day care use is a facility in which care is provided for one or more children, but no more than six at any one time, who are not relatives of the caregiver, and where the child care areas are being used as a residence.
FEED LOTA lot or plot of ground on or in which livestock are fed or fattened with prepared food brought to the lot; grazing land is not included.
FEEDER STREETA narrow street through the middle of a block which provides access to the rear of buildings, but from which a building may not have its primary means of access.
FLOODPLAINA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source; and/or the identified floodplain area as determined by Chapter
210, Floodplain Management.
FLOOR AREAThe sum of the gross floor area for each of a building's stories measured from the exterior limits of the faces of the structure. The floor area includes the basement floor area and attic floor area and penthouses. It does not include basements, enclosed porches, and attics not used for human occupancy, nor any floor space in an accessory building nor in the main building intended for or designed for the parking of motor vehicles, nor any such floor space intended and designed for accessory heating and ventilating equipment.
FLOOR AREA RATIOThe floor area of all buildings or structures on a lot, divided by the net lot area.
FORESTRYThe 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 OR MORTUARYAn establishment for the preparation of the deceased for burial, the display of the deceased, and any ceremonies connected therewith before such burial or cremation.
GARAGE, PRIVATEA storage building for vehicles which is accessory to a principal building whether attached or separate, and used only for storage purposes.
GREENHOUSE, COMMERCIALAn enclosed structure used for the growing, raising, keeping, and/or selling of flowers or other plants.
GROUP HOMEA dwelling unit operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and all persons subject to protection under the Federal Fair Housing Act Amendments of 1988. A group home must be licensed where required by any appropriate government agency, and a copy of any such license shall be delivered to the Zoning Officer prior to the initiation of the use. A group home shall be subject to the same limitations and regulations by the Borough as the type of dwelling unit the group home occupies. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and the regulations promulgated thereunder, in the construction of this term. A group home, as defined herein, shall not be considered an "institutional use," as that term is defined in below. A group home shall not include nursing homes, alcoholism or drug treatment centers, work-release facilities for convicts, or any housing facility serving as an alternative to incarceration.
HOME OCCUPATIONAn occupation conducted within a room or rooms of a single-family detached dwelling unit which is clearly secondary and customarily incidental to the residential use. The premises on which the activity is conducted shall, at all times, maintain an external residential appearance. There shall be no display of goods outside the building(s) on the lot, no window displays, or no exterior devices indicating or advertising nonresidential activities. See also "no-impact home-based occupation."
HOME OCCUPATION, NO-IMPACT HOME BASEDA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. No-impact home-based occupations are permitted in all zoning districts. The business or commercial activity must satisfy the following requirements:
(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) The business shall employ no employees other than family members residing in the dwelling.
(3) There shall be no sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) The business may not involve any illegal activity.
HOTEL/MOTELA building or group of buildings used for the accommodation of transient guests, chiefly motorists, and containing guest rooms for rent.
IMPERVIOUS SURFACEThose surfaces which do not absorb water. All buildings, parking areas, driveways, roads, sidewalks, and other areas in concrete, asphalt, and packed, stone shall be considered impervious surface within this definition. In addition, other areas as determined by the Borough Engineer to be impervious within the meaning of this definition will also be classified as impervious surface.
IMPERVIOUS SURFACE RATIOA measure of the intensity of land use, determined by dividing the total area of all impervious surfaces within the lot area of the site by the lot area.
IMPROVEMENTSChanges made to the land including, but not limited to, grading, paving, curbing, fire hydrants, water mains, sanitary sewers, and other surface drainage facilities, retaining walls, street signs, monuments and the like.
INSTITUTIONAL USEAny formalized or structured system, whether private or public, providing care, containment, education, guidance or training to persons of any age and requiring facilities, structures and/or housing of those persons. Examples of institutional uses are colleges, boarding schools, hospitals, long-term-care facilities, and prisons, and detention centers.
JUNKYARDAny area of land, including structures and buildings or part thereof, that is used for the outdoor deposit or storage, for a period of three months or more, of articles, equipment, machinery, metals, building materials, wastepaper, rags, timbers and the like which are no longer used in their original form but which may or may not have salvage value. The deposit or storage on a lot of two or more unregistered, uninspected, wrecked or disabled motor vehicles, or major parts thereof, shall be deemed to constitute a junkyard.
KENNELAn establishment, structure, lot or portion of a lot on or in which more than six dogs, cats, or domestic pets are housed, bred, boarded, trained or sold.
LAND DEVELOPMENTAny of the following activities: The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially of cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenants.
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
LANDOWNERThe legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.
LIBRARYA building which is open to the public or connected with a permitted educational use, and not conducted as a private gainful business, where literary, musical, artistic or reference materials are kept for use, but are not for sale.
LOTA designated parcel, tract or area of land established by a plot or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREAThe area of land included within the metes and bounds of a lot excluding that area within such metes and bounds which is set aside as the ultimate right-of-way for a public street.
LOT DEPTHThe mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
LOT LINE, REARThe lot line which is opposite from the front lot line. The rear lot line of any triangularly or irregularly shaped lot shall be a line entirely within the lot which is at least 10 feet long. In the case of a corner lot when the owner shall have the option of choosing which of the two lot lines that are not street lines shall be considered a rear lot line.
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
LOT WIDTHUnless otherwise specified in this chapter, 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, lot width shall be measured between such side lot line and the opposite lot line or street ultimate right-of-way line. For lots with a curved or irregular front lot line, the width shall be measured along a line parallel to a straight line joining the points where side lot lines intersect the front lot lines.
LOT WIDTH, STREET LINEFor the purposes of measuring lot width, street line lot width shall be measured along the legal right-of-way or the cartway. For lots with a curved or irregular front lot line, the street line lot width shall be measured along a line parallel to a straight line joining the points where side lot lines intersect the front lot lines.
LOT, CORNERA parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135°.
LOT, INTERIORA lot which has limited frontage on a public or private road where the frontage is intended primarily as an access to the parcel. The strip of land used for access shall be fee simple part of the parcel.
MANUFACTURED HOME LOTA parcel of land in a manufactured home park improved with the necessary utility connections and other appurtenances necessary for the erection, thereon, of a single manufactured home.
MANUFACTURED HOME PADThat part of an individual lot which has been reserved for the placement of a manufactured home, appurtenant structures, or additions and which has been constructed according to the specification of this chapter.
MANUFACTURED HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes.
MANUFACTURING, HEAVYThe assembly, construction, fabrication, machining, manufacture or processing of materials or goods that emit noxious smells, high ambient sounds levels, excessive light or glare, or pollutants beyond the confines of the building or structure intended for such use.
MEDICAL OFFICEAn office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto, and optometrists.
MUNICIPAL USEAny land or use owned, leased or operated by the Borough or by a municipal authority incorporated by the Borough, including, but not limited to, Borough offices, public works buildings, sewer, storm sewer, and water facilities, and park and recreation areas.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the original adoption or subsequent amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment theretofore or heretofore enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to nonconforming signs.
NONCONFORMING USEA use, whether of land or structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the original enactment of this chapter or subsequent amendment, or prior to the application of the chapter or subsequent amendment to its location by reason of annexation.
OFFICEA business, professional, or governmental office other than medical or veterinary offices.
OPEN SPACELand which is used for recreation, resource protection, amenities, buffers, and/or natural waterways and access to recreation or amenities, and is protected by this chapter and Chapter
355, Subdivision and Land Development, to ensure that it remains in such uses. "Open space" shall be common and/or public space and shall not include lots in individual ownership.
OPEN SPACE RATIOA measure of the intensity of land use. It is arrived at by dividing the total amount of open space within the site by the site area minus existing and future roads and road rights-of-way, existing and proposed utility rights-of-way and easements, areas used for easements for stormwater management facilities, land which is not contiguous or land which has already been reserved for open space. It represents the minimum percentage of the site area that must be maintained as open space.
PARKING LOTAn off-street improved area with individual designated parking spaces and having individual access for the purpose of parking motor vehicles.
PATIOA concrete or masonry pad directly on grade and without walls or roof, as an extension or addition to a dwelling unit.
PENNDOTThe Pennsylvania Department of Transportation or any agency successor thereto.
PERMITA legal document issued by a governmental authority permitting some type of legal action, including:
(1) OCCUPANCY PERMITA required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of all applicable ordinances; and
(2) ZONING PERMITA document signed by the Zoning Officer, as required in this chapter and as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal zoning or authorized variance therefrom.
PLACE OF WORSHIPAny structure or structures used for worship of religious instruction, including social and administrative rooms which may be accessory thereto.
PORCHAn extension of a dwelling unit with a roof supported by posts but without permanent walls.
PRIVATE CLUBAny organization established for social, fraternal, professional or religious purposes and characterized by regular meetings based on a constitution and/or by laws and with or without payment of dues. May have building and facilities used for club or lodge purposes when it serves as a meeting place. May be used for social and/or dining purposes for the members and guests.
PUBLIC GROUNDSIncludes:
(1) Parks, playgrounds, trails, paths, and other recreational areas;
(2) Sites for schools, sewage treatment plant, refuse disposal and other publicly owned or operated facilities; and
(3) Publicly owned or operated scenic or historic sites.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. The notice shall be published at least five days apart, and such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC SEWAGE FACILITIESAny system used for the collection and/or treatment of sewage from more than one development unit as approved by the appropriate county or state agency.
PUBLIC WATER FACILITIESAny system, regardless of ownership, which supplies water to more than one development unit as approved by the appropriate county or state agency.
RECREATIONAL FACILITYAn area which may or may not contain a building or buildings and which may contain sports and game related-equipment, fields or courts necessary to fulfill its permitted functions.
RECREATIONAL FACILITY, PRIVATEAn area or park which may or may not contain a building or buildings and which may contain sports and game-related equipment, fields or courts necessary to fulfill its permitted functions owned or operated by a nongovernmental agency.
RECREATIONAL FACILITY, PUBLICAn area or park which may or may not contain a building or buildings and which may contain sports and game-related equipment, fields or courts necessary to fulfill its permitted functions owned or operated by the Borough or other governmental agency.
REPAIR SHOPA shop for the repair of items, including but not limited to the following: appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, and not including automobiles, motorcycles, trucks, trailers, and other heavy equipment.
RESIDENTIAL OCCUPANCYThe nontransient occupancy of a dwelling unit by one family for a continuous period of 31 or more days.
RESTAURANTA building used for the purpose of furnishing food to the public to be primarily consumed on the premises. Such a restaurant does not include drive-through services but may include walk-in or takeout services.
RESTAURANT, DRIVE-THROUGHA building used for the purpose of furnishing food to the public to be consumed on the premises. Such a restaurant may include drive-through service to allow for the serving and pickup of food, without leaving the vehicle, for off-premises consumption.
RETAIL STOREEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, such as but not limited to hardware store, pharmacy, book/magazine store, florist or clothing store.
REVERSE-FRONTAGE LOTA lot extending between and having frontage on two generally parallel streets, with vehicular access only from one street.
RIGHT-OF-WAYLand set aside for use as a street, alley, other means of travel, or essential services or utilities.
RIGHT-OF-WAY, EXISTINGThe legal right-of-way as established by the commonwealth, the Borough or other appropriate authority and currently in existence.
RIGHT-OF-WAY, FUTUREThe right-of-way deemed necessary by the Borough Comprehensive Plan, the Lancaster County Planning Commission and/or the Official Map as appropriate to provide adequate width for future street improvements. Also referred to as the "ultimate right-of-way."
SCHOOLA religious (either sectarian or nonsectarian) denominational private school, or a public school which is not conducted as a private gainful business; also nursery schools operated as a private gainful business.
SERVICE BUSINESSThe rendering of assistance or conferring a benefit upon another, done directly for the person concerned such as a doctor, lawyer, dentist, dressmaker, architect, barber or establishment of a like or similar nature, excluding adult entertainment as defined in this chapter.
SHOPPING CENTERA group of buildings, whether attached or detached engaged in retail and/or service related businesses, which is planned and designed as a complex of related structures and circulation patterns.
SHORT-TERM RECREATIONA recreational activity conducted in an open area which involves the rental of facilities or accommodations for a short period of time.
SHORT-TERM RENTALThe occupancy of a structure constructed as a dwelling in a manner which does not meet the definition of "residential occupancy." The use of a dwelling as an approved bed-and-breakfast establishment as an accessory use shall not be considered a short-term rental.
SITEA parcel or contiguous parcels of land to be developed pursuant to a land development plan and/or subdivided pursuant to a subdivision plan.
SITE AREAAll land area within the site as defined in the deed(s) therefor. The Borough may require this area to be verified by a site survey.
SITE AREA, BASEThe area of the site remaining after subtracting all the land area which has any of the following characteristics:
(1) Not contiguous to the site area to be improved or the parcel to be subdivided;
(2) In any and all proposed and existing streets, street rights-of-way and railroad-rights-of-way;
(3) The area of any and all easements for and the area used for and/or within any and all utility(ies) for gas, water, sewer, stormwater, electric, telephone and communications, stormwater management facility(ies) and/or system, body of water at its highest elevation, wetlands and floodway, and also subtracting the following areas:
(a) Twenty-five percent of all flood-fringe areas (as defined by this chapter);
(b) Eighty percent of areas with steep slopes of 25% or greater and 70% of steep slopes with less than 25%. No area shall be subtracted twice.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles
IV and
IX of the Pennsylvania Municipalities Planning Code.
STABLEAny building or establishment in which horses are kept for remuneration, hire, sale or housing.
STEEP SLOPESAreas where the average slope exceeds 15% and has a grade crossing three consecutive two-foot contours or six feet in elevation.
STREET LINEThe dividing line between the street and the lot. The street line shall be the same as the legal right-of-way, provided that where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISIONThe division or redivision 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 ownership, of building, or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres or any residential dwelling, shall be exempted.
TAVERNAn establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.
UCCThe Uniform Construction Code as adopted by the Borough.
UTILITIESThose services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water and sewerage, including the appurtenances used in connection with the supplying of such services (including buildings, wires, pipes, poles and the like), and not including public incinerator and public and private landfills.
VARIANCERelief granted pursuant to the provisions of this chapter and Articles
IV and
IX of the Pennsylvania Municipalities Planning Code.
VETERINARY OFFICEAn office of a veterinarian with an accessory animal kennel. In no event shall kennels be allowed as the primary use.
WETLANDSAreas of poorly drained or water-saturated soils supporting wetland vegetation, where the water table is at or near the surface or where shallow water covers the area due to permanent or seasonal inundation of surface or groundwater. Also, soils identified and/or regulated by the Pennsylvania Department of Environmental Protection, the United States Conservation Service, United States Army Corps of Engineers, and/or the Environmental Protection Agency or their successor agencies.
WHOLESALE - DISTRIBUTION, SALES AND SERVICEThe distribution, sale or storage of commodities in large quantities by a middleman or business. These goods or services are usually sold to a retail merchant and these operations are generally not open to the public and have limited counter sales. They generally require large storage facilities with access for truck delivery and pickup.
WOODLANDSAreas comprised of one or more acres of mature or largely mature trees and in which the largest trees measure at least six inches dbh (diameter at breast height) or 4 1/2 feet above ground. The woodland shall be measured from the drip line of the outer trees. Woodlands are also 10 or more individual trees which measure at least 10 inches dbh and form a contiguous canopy.
YARDAn open space, unobstructed from the ground up, except for permitted projections and plantings, on the same lot with the structure, and which extends along a lot line or street line and inward to the structure. The size of the yard shall be measured from the shortest distance between the structure and the lot line or street line.
YARD, FRONTA yard between a structure and a street line extending the entire length of the street line. In the case of a corner lot, yards extending along all streets are front yards. In case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are also considered front yards.
YARD, REARA yard between a structure and the rear lot line which extends the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side lot line extending from the front yard to the rear yard. In the case of a lot having no street frontage or a an irregularly shaped lot, any yard that is not a front yard or a rear yard shall be a side yard.
ZONING OFFICERThe administrative officer of the Borough of Quarryville charged with the duty of enforcing the provisions of this chapter.