Waynesboro City Zoning Code
ARTICLE II
Terminology
§ 295-7 Word usage.
Words used in the present tense include the future; the singular number includes the plural, and the plural, the singular. The word "lot" includes the word "plot" or parcel. The word "structure" includes the word "building." The term "such as" where used herein shall be considered as introducing a typical or illustrative rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "shall" is mandatory; the word "may" is permissive. The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied." The words "Borough" and "municipality" mean the Borough of Waynesboro, Franklin County, Pennsylvania. The term "Board" means the Zoning Hearing Board of said Borough, unless otherwise stipulated. Any word or term not defined herein shall be used with a meaning of standard usage or as defined in Chapter 201, Property Maintenance, and Chapter 250, Subdivision and Land Development, as amended from time to time.
§ 295-8 Definitions.
[Amended 7-17-2019 by Ord. No. 1173; 8-19-2020 by Ord. No. 1179; 6-16-2021 by Ord. No. 1188]
Certain words and terms in this chapter are defined for the purpose thereof as follows:
A private drive providing vehicular access between a public or private street and a building, parking area or loading area within a land development.
An area of land or other area used for a solar energy system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. Ground-mounted or freestanding solar energy systems with an output size of not greater than 10kw shall be considered accessory solar energy systems. Roof-mounted solar energy systems on the roofs of buildings on-site used primarily for on-site use shall have no limit as to energy output. An accessory solar energy system consists of one or more freestanding ground-, or roof-mounted solar arrays or modules, or solar-related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
A subordinate use or structure, attached or detached, the purpose of which is incidental to that of a main use or structure on the same lot.
A wind turbine for the sole use of and located on the same property as a residence, farm, or small business.
Selling, displaying and/or providing publications, movies, acts and other material and performances having as a main or central theme an appeal to the prurient interest without any redeeming social value.
MATERIALAny book, magazine, newspaper, advertisement, pamphlet, poster, print, picture, figure, image, drawing, description, motion picture film, phonographic record or recording tape, video tape, compact disc or other tangible thing capable of producing or reproducing an image, picture, sound or sensation through sight, sound or touch.
PRURIENT INTERESTA lustful, lascivious, erotic, shameful or morbid interest in sexual conduct, sexuality explicit nudity, sadomasochistic sexual abuse or lewd exhibition of the genitals. Materials or performance may be deemed to appeal to the prurient interest when they have a tendency to excite lustful thoughts or lascivious desires or when they are designed, marketed, promoted or disseminated to cater or appeal to such an interest. Where the material or performance is designed for and primarily disseminated or promoted to a clearly defined deviant sexual group, rather than the public at large, the prurient appeal requirement is satisfied if the dominant theme of the material or performance, taken as a whole, appeals to the prurient interest in sex of the members of that intended and probable recipient group.
The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing produce, provided that the operation of any such accessory uses shall be incidental to that of the normal agriculture activities, and provided further that the above uses shall not include the business of garbage feeding of hogs, fur farms or the raising of animals such as rats, mice, monkeys, and the like used in medical or other tests or experiments, nor the stockpiling of manure or other farms wastes beyond the reasonable needs of customary farm operations within the Borough of Waynesboro.
Alleys are minor ways which afford only a secondary means of access to abutting properties, which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street, have a maximum width of 20 feet and are not intended for general traffic circulation. To the extent a public throughway conforms to this definition or otherwise does not conform to the definition of "street" as herein defined, those public throughways are alleys. A list of ordained streets shall be maintained by the Borough; said list is herein incorporated by reference.
Any change in the supporting members of a building such as load-bearing and non-load-bearing walls, posts, piers, columns, beams or girders.
Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or telecommunications towers.
A building, structure, or area of land where small animals such as dogs and cats are given medical care, other than the premises where such animals are boarded. Larger animals, such as horses, cows, pigs, and sheep, are not to be accommodated.
Any exterior transmitting or receiving device mounted on a telecommunications tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
A landowner or developer who has filed an application for development, including his heirs, successors and assigns.
A right-of-way which provides the primary vehicular access to a lot, not dedicated or deeded to the Borough or Commonwealth of Pennsylvania, but approved by the Borough Council and shown on a recorded subdivision or land development plan.
A use provided within an existing single-family detached dwelling to accommodate for rent transient overnight guests.
The Zoning Hearing Board of Waynesboro Borough.
A person occupying a room or group of rooms used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner. Any person occupying such room or rooms and paying such compensation without prearrangement or for less than a week at a time shall be classified for purposes of this chapter not as a roomer, boarder, or lodger, but as a guest of a commercial lodging establishment (motel or hotel).
The Borough of Waynesboro, Franklin County, Pennsylvania.
The Borough Authority of the Borough of Waynesboro, Franklin County, Pennsylvania.
The governing body of the Borough of Waynesboro, Franklin County, Pennsylvania.
A continuous strip of land which is clear of all buildings and paved areas and which is designed to limit the impacts of one use on another use.
Any structure having a roof supported by columns, posts, or walls and intended for the shelter, housing or enclosing of persons, animals or property.
The square footage or other area measurement by which a building or structure occupies the land as measured at the grade line around the foundation.
The vertical distance measured from the mean elevation of the finished grade along all sides of the building to the highest point of the roof, excluding a chimney or other similar structure.
A line which between it and the street line, no building or other structure or portion thereof, except as provided in this chapter, may be erected above ground level. The setback line is considered to be a vertical surface intersecting the ground on such line.
An organization designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that could include physical space, capital, coaching, common services, and networking connections.
A business establishment which does not offer on the premises a product or merchandise for sale to the public, but offers a service to the public. However, personal services such as barber and beauty shops and repair services are not to be included within the definition of business offices.
A building or portion thereof where automobiles or motorized equipment are cleaned using a conveyor, blower, steam-cleaning equipment, or other similar devices.
An attached or detached accessory building designed for the storage of motor vehicles and constructed primarily as an open building with a roof and the necessary supporting columns and of an area under roof less than 700 square feet.
Land reserved or used for grave sites.
A statement, based on an inspection, signed by the issuing agent, setting forth that a building, structure, sign, and/or land complies with this chapter, and/or that a building, structure, sign, and/or land may be lawfully employed for specific uses, or both, as set forth therein.
A change of use shall be considered to occur when a permitted use is changed to a conditional use or special exception use, a nonconforming use is changed to another nonconforming use, a use is changed to a use for which regulations specific to that use are contained in Article IX, Supplemental Regulations, the new use will change a parameter regulated under environmental performance standards listed in § 295-87, a use is changed to a use requiring additional off-street parking spaces and/or additional loading space, the new use will be located in a floodplain;, a use is changed to a use which will have different outdoor lighting, or the new use will have additional impact on a steep slopes regulated by § 295-79.
An area of unobstructed vision for purposes of vehicular safety at a street intersection(s), defined by lines of sight between points as specified in Borough Ordinances.
A place where patients or clients are studied, or treated, or counseled by professionals specializing in various medical persuasions and practicing as a group.
A school for the teaching of a trade or skill, carried on as a business.
A parcel or parcels of land or an area of water (excluding stormwater detention facilities), or a combination of land and water within a development site, designed and intended for use or enjoyment of all residents of a development.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.
An unmanned building or cabinet with an area less than 250 square feet containing communications equipment required for the operation of communications antennas.
A structure other than a building, such as a monopole tower, designed and used to support communications antennas.
The Joint Comprehensive Plan for the Borough of Waynesboro and Washington Township, Franklin County, Pennsylvania.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Borough Council following recommendations by the Planning Commission.
The authorization to conduct a particular conditional use in a particular zone. It is issued by the Borough Council pursuant to a public hearing and recommendations by the Planning Commission upon proof that all the criteria for the use have been met by the applicant. In allowing a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter. Any applications seeking exceptions to that criteria shall be considered as an application for a variance and shall be made to the Zoning Hearing Board, which shall have the authority to grant the approval under those circumstances.
A condominium is ownership of real property combining ownership in fee simple and undivided ownership in common with other purchasers of the common elements in the structure and including the land and its appurtenances.
An institution where the ill or injured may receive extended care in between post hospital care and complete cure and where medical, nursing, food, and lodging services may be provided, including examination and treatment facilities and x-ray equipment.
A use with less than 5,000 square feet of building area and no drive-through service that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant.
Borough Council of the Borough of Waynesboro, Franklin County, Pennsylvania.
Franklin County, Pennsylvania.
Franklin County Planning Commission.
Animal which is customarily kept for personal use and enjoyment within the home, including domestic dogs, domestic cats, domestic tropical birds, domestic rodents such as hamsters and gerbils, domestic tropical fish, turtles and guinea pigs. Exotic animals such as coyotes, bears, raccoons, venomous and restricting snakes, primates, alligators and crocodiles are not considered customary household pets.
Any premises in which day care is provided at any one time to seven or more persons regardless of age who are unrelated to the operator.
The permitted number of units per gross area of land to be developed.
Any landowner, agent of such landowner, or tenant with the permission of each landowner, who makes or causes to be made a subdivision of land or a land development.
The provisions for development, including a planned residential development, Town Center planned development, planned adaptive reuse development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
Any part of the territory of the Borough of Waynesboro to which certain uniform regulations and requirements of this chapter apply.
An establishment or activity where patrons are served with food, soft drinks, ice cream, and similar confections or where patrons are provided with professional, commercial or personal services outside the confines of the principal building or in vehicles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons. Drive-in theaters shall not be included.
A building which is designed or used exclusively as the living quarters for one or more families living independently of each other.
A building or part thereof having cooking, sleeping, and sanitary facilities for one family, and having no cooking, sleeping or sanitary facilities in common with any other dwelling unit.
A room or suite of connecting rooms for occupancy as a single dwelling unit by one family in a building having three or more of such dwelling units or in a building containing one or more apartments above a commercial use in the same building.
ONE-BEDROOM APARTMENTAn apartment dwelling unit containing not more than one room designed, intended and devoted to sleeping purposes.
TWO-BEDROOM APARTMENTAn apartment unit containing not more than two rooms designed, intended and devoted to sleeping purposes.
THREE-BEDROOM APARTMENTAn apartment dwelling unit containing not more than three rooms designed, intended and devoted to sleeping purposes.
A two-family dwelling with one dwelling unit attached and located beside the other and separated therefrom by a party or common wall, whether or not that wall is a fire wall.
A dwelling unit in an apartment house consisting of one room with additional bath and cooking facilities separated from such room by a permanent wall and folding or sliding doors respectively and cooking facilities separated from such room by a permanent divider at least 30 inches in height.
A household licensed by the Commonwealth of Pennsylvania of not more than six members (not necessarily related by blood, marriage, adoption or legal guardianship) who, because their physical, emotional or behavioral condition or their social or interpersonal skills otherwise would limit, inhibit or prevent their ability to function in society, are provided supportive services through a social service agency.
This shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home" shall not include alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. Those individuals who are considered dangerous to themselves or others shall not be housed.
A building containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other with their own cooking, sanitary and sleeping facilities.
A building containing one dwelling unit only, having no party wall in common with an adjacent building or structure, and occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit.
For the purpose of this chapter, a townhouse (row house) shall be one single-family unit in a group of three or more connected dwellings and having two party walls in common with other dwelling units, except the end unit which shall have a single party wall in common with an adjoining unit. Each single-family unit may have one or more stories, but nothing in this definition shall be construed to allow one dwelling unit over the other.
A building containing two dwelling units only and intended for residential occupancy by two families each living independently of each other and each with its own separate sleeping, cooking, and sanitary facilities, and one unit located above the other unit.
A right granted to the Borough, other governmental authority or other entity for the use of private land for certain public and quasi-public purposes.
A dwelling unit designed to be provided for a family in which one of the members is at least 55 years of age.
An assemblage of equipment for purposes other than separation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public.
Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
Underground or overhead gas, electric, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, solar energy systems constructed by or on behalf of a municipality, and their essential buildings, excluding communications towers and communications antennas as defined herein.
Police station, fire station, ambulance station and similar buildings which house public or semipublic agencies providing emergency services for the public safety.
An animal usually thought of as wild and foreign, not typically kept as a household pet, such as a lion, tiger, bear, raccoon, coyote, wolf, leopard, python, alligator, piranha, crocodile, alligator, monitor lizard, or venomous constricting snake.
One or more persons, related by blood, marriage, adoption, or guardianship with not more than two roomers, boarders, lodgers living together as a single housekeeping unit and using cooking facilities and certain rooms in common; or not more than five unrelated persons living together as a single housekeeping unit and using cooking facilities and certain rooms in common.
Any parcel of land containing at least 10 acres which is used for gain in the raising and agricultural products, and tilling of the soil.
Federal Communications Commission.
An artificially constructed barrier of wood, wire, stone, metal, or other manufactured material or combination of materials.
Bank, savings and loan association, credit union, investment company, investment manager, investment banker, securities broker/dealer, philanthropic foundation, mortgage lending business, system institution of the farm credit system, or depository institution holding company.
First floor area shall be measured by using the outside dimensions of the residential portion of a building excluding the area of an attached garage. For a split level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels, excluding cellars and garages.
The ordinance in effect in the Borough which controls any and all development within specified flood-prone areas.[1]
The sum of the area of all floors of buildings or structures compared to the total area of the site.
A unit of incident light quantity stated in lumens per square foot and measurable with an illumination meter, also known as "footcandle meter" or "light meter."
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
An establishment for producing castings in molten metal.
Birds that are domesticated or wild gallinaceous birds such as but not limited to roosters, ducks, turkeys, pheasants, grouse, doves, pigeons, quails and partridges.
A term used by the lighting industry to describe a lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10° below that horizontal plane, at all lateral angles around the fixture.
A building or part thereof used for human funeral services. Such building may contain space and facilities for:
Embalming and the performance of other services used in preparation of the dead for burial;
The performance of autopsies and other surgical procedures;
The storage of caskets, funeral urns, and other related funeral supplies; and
The storage of funeral vehicles; and
Facilities for cremation as an accessory use.
Where a funeral home is permitted, a funeral chapel shall also be permitted.
A building or part thereof used for the storage of motor vehicles.
The effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
The Borough Council of Waynesboro Borough.
Gross floor area shall be measured by using the outside dimensions of the building, excluding the area of an attached garage, open porch or patio and further excluding an unfinished basement. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the gross floor area. The gross floor area of an apartment dwelling unit shall be measured from the center of interior walls and the outside of exterior walls and shall include closets, bathrooms and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit.
The room area within a residential structure to be used for habitation, excluding unfinished basements, attics, utility (heating and cooling) rooms, garages, open porches and, in apartment houses, excluding common hallways.
A rehabilitation center where people who have left an institution, such as a hospital or a prison, or who have voluntary entered are provided care to help them readjust to living independently in the community.
A building, or part thereof, providing facilities and programs designed to improve the physical well-being of the patrons thereof. Such facilities include, not by way of limitation, spas, tennis or racquet clubs, swimming pools, basketball courts, gymnastic and calisthenics facilities and weight training facilities.
The vertical distance measured from the ground level existing at the time of enactment of this chapter to the highest point on a communications tower, including the base pad and antennas mounted on the tower.
The vertical distance measured from the average grade at the front of the structure or sign to its highest point. The highest point in the case of a sign shall include the supporting structure.
Any use such as handicrafts, picture painting, sculpture, music instruction, writing, beauty shops, barber shops, dressmaking, millinery, and home cooking, which is clearly incidental and secondary to the use of the building for dwelling purposes and which would not constitute an unwarranted nuisance to other residents of the neighborhood.
Among the uses that shall not be interpreted as a home occupation are an animal hospital, commercial stables and kennels, funeral home, tourist home, restaurant, the repair, servicing, storage or rental of motor vehicles, clinics and hospitals, machine and welding shops, and pet grooming businesses.
An institution where the ill or injured may receive medical, surgical or psychiatric treatment, nursing, food and lodging during illness.
A building which:
A building or group of buildings, including customary accessory buildings designed or intended for public worship. For the purpose of this chapter, house of worship shall include churches, chapels, cathedrals, temples, mosques, and similar places of worship.
The quantity of incident light per unit area, measured with a light meter in footcandles.
Not easily penetrated by water (i.e., roads, buildings, sidewalks, access drives, loading areas, parking areas, and paved recreation courts).
The percentage of a lot covered by impervious surfaces.
Scrap or discarded material, not including refuse or garbage kept in a proper container for the purpose of prompt disposal.
Any wrecked or broken vehicle or the major parts of such a vehicle.
Any area of land with or without buildings, regardless of size, used for the storage or abandonment of junk or debris, including by way of illustration but not of limitation vehicles, vehicle tires, vehicle parts, or any motorized or nonmotorized mobile equipment, paper, rags, metal, glass, or plastic containers, old household appliances, wood, lumber, brush and any stumps or any other debris of any material whatsoever.
A place where animals are boarded, trained, sold, exhibited or raised and bred for compensation, or as part of a service provided by an accompanying principal use or structure. The keeping of more than 25 dogs or cats that are more than six months old on a lot. This definition shall not apply to a farm.
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.
An off-street space or berth on the same lot with a building, or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit. The area and depth of a lot abutting a street shall be determined by measurements to the street line.
The area contained within the property lines of a lot, but shall not include any portion of a street and permanent drainage easements.
That percentage of the lot area which may be covered by one level of a building area.
The horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line to the rear lot line on a perpendicular to the street right-of-way line.
A flag lot is an interior, unconventional lot which has direct access to a public or private street by way of a minimum thirty-foot-wide simple access strip.
The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements or corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section.
Any line forming a portion of the exterior boundary of a lot.
A lot which is part of a subdivision recorded in the office of the Recorder of Deeds of Franklin County, or a lot of parcel described by metes and bounds, the description of which has been so recorded.
CORNER LOTA lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
INTERIOR LOTA lot other than a corner lot with only one frontage on a street other than an alley.
THROUGH LOTA lot other than a corner lot with frontage on more than one street other than an alley.
REVERSED FRONTAGE LOTA lot that has frontage on two streets of different classification with access to the higher order street prohibited and the structure oriented to face the lower order street.
The horizontal distance between the side lot lines measured along the front setback line or other designated building line.
Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
A home factory-built to HUD Title Six construction standards (the HUD code).
An establishment that meets all of the following criteria:
Massages are conducted involving one person using their hands and/or a mechanical device on another person below the waist, in return for monetary compensation, and which does not involve persons who are related to each other.
The use does not involve a person licensed or certified by the state as a health care professional or a massage therapist certified by a recognized organization that requires substantial professional training. Massage therapy by a certified professional shall be considered personal service.
The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor or as an incidental accessory use to a permitted exercise club or high school or college athletic program.
The massages are conducted within private or semiprivate rooms.
The building coverage and area of all improved surfaces which cover a lot, such as required parking spaces, including necessary maneuvering areas, passageways and driveways giving access thereto, service areas, accessways, streets, walkways and patios, loading access, recreation courts.
A building to house an association of persons, operated solely for a recreational, social, fraternal, religious, political or athletic purpose, and whose activities are confined to the members and guests and are not extended to the general public, not conducted for private profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe, or other public place.
The excavation of any natural mineral deposit or soil for commercial sale.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. This definition shall include transportable manufactured and modular homes placed on removable precast foundations.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
A single-family dwelling intended for permanent occupancy which is wholly, or in substantial part, made, constructed, formed, or assembled in manufacturing facilities for installation, or assembly and installation on a building site, of premade parts or unit modules.
A building or group of buildings which provides for transient guest rooms with outside entrances, has a public lobby, and may contain one or more dining rooms.
An establishment where repairs are conducted, not including major body work, straightening of body parts, painting, welding/patching, storage of vehicles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in motor vehicle service stations.
A structure, building, or area of land or any portion thereof that is used primarily for the retail sale of gasoline or any other motor vehicle fuel which may or may not include facilities for lubricating, washing, sale of accessories, minor repairs, and otherwise servicing motor vehicles, but not including body repair or painting thereof. Any business or industry dispensing fuel only for its own use and vehicles will not be deemed to be a motor vehicle service station. The service station may include the sale of a limited selection of food and common household items as a clearly accessory use, provided that the total parking requirements of this chapter are complied with.
Any improvement, structure, or use owned and/or operated by the Borough, or by a municipal authority incorporated by the Borough involved in the provision of water or wastewater services or other services provided to the public.
The Borough of Waynesboro, Franklin County, Pennsylvania.
An establishment for nighttime entertainment, typically serving alcoholic drinks and usually food, offering music, dancing, comedy acts and similar entertainment.
A 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. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
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.
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.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
A 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 heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provision in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
Any practice which annoys, disturbs or interferes with one in the procession and enjoyment of his property, rendering its reasonable use or occupation physically uncomfortable, e.g., excessive noise, noxious odors, electronic radiations, vibrations, smoke discharge, glare, improper drainage, etc.
A building containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a nursing center.
A parcel or parcels of land or area of land or water or a combination of land and water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
A hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold.
An off-street surfaced area designated solely for the parking of motor vehicles, including driveways, passageways, and maneuvering space appurtenant thereto.
An area not less than 10 feet wide by 20 feet in length, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle except that nothing shall prohibit private driveways for one- and two-family dwellings from being considered off-street parking areas, provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. A parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space.
A common shared wall between two separate structures or buildings, including but not limited to any type of dwelling unit and such common shared wall is jointly owned by the connected property owner.
Having been surfaced with hard material such as concrete, asphalt, or brick.
Any pad, pier or support system, usually of masonry, intended to support and/or anchor a structure for an indefinite period.
A document issued by the appropriate municipal authority authorizing the applicant to undertake certain activities.
Any use of the land or building as permitted by this chapter.
An individual, partnership, organization, association, trust, or corporation. When used in penalty provision, "person" shall include members of such partnership, the trustees of such trust, and the officers of such organization, association, or corporation.
A premises in which food, shelter, personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility.
An establishment that provides a service oriented to personal needs which do not involve primarily retail sales of goods or professional advisory services.
A development which adapts existing industrial buildings or sites for multiple land uses which are combined into a single unified project.
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
The Waynesboro Borough Planning Commission; County Planning Agency or Commission shall be the Franklin County Planning Commission.
Pools (private, public, apartment or townhouse) used for swimming and bathing. These pools shall be constructed and maintained under and conform with the adopted Building Code of the Borough of Waynesboro.[3]
All improvements, buildings, structures and land on or within a lot.
A school licensed by the Commonwealth of Pennsylvania to provide daytime care and instruction and where a fee is being charged for two or more children from two to five years of age, inclusive, and operated on a regular basis.
A building in which a principal use on a lot is conducted.
An area of land or other area used for a solar energy system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use or for use on-site if the output size is greater than 10kw. Principal solar energy systems consist of one or more freestanding ground-, or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
The main or primary purpose for which any land, structure, or building is designed, arranged, or intended, and for which there may be occupied or maintained under the terms of this chapter.
Outdoor or indoor areas or structures, operated by nonprofit or private commercial entities, open to the public, which contain entertainment and amusement devices or attractions such as tennis and racquetball courts, and the like, but excluding theaters and adult entertainment establishments.
A street which has not been dedicated to the Borough or the Commonwealth of Pennsylvania.
The offices of an attorney, clergyman, physician, surgeon, dentist, psychiatrist, psychologist, optometrist, chiropractor and licensed professional persons offering similar medical care, architect, accountant, insurance agent, real estate broker, notary, teacher, engineer, surveyor, landscape architect, community or land planner, or similar licensed or accredited professional persons. Where such offices are part of a structure where there is a residence or residences, the restrictions as outlined under "home occupation" shall apply.
A recorded boundary of a lot. However, any property line which abuts a street or other public or quasi-public way shall be measured from the legal right-of-way line of the street.
A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comments, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]
Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and 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.
Of or pertaining to any building, structure or use activity belonging to and operated by a public utility regulated by the Public Utility Commission.
A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers, house trailers, boats, all-terrain vehicles, boat trailers and self-propelled motor homes.
A use for collection and temporary storage of common household materials for recycling but that does not involve processing or recycling other than routine sorting, bailing and weighing of materials. This term shall not include the indoor storage of household recyclables awaiting pick up by the Borough's contractor and their customary collection.
Any establishment at which the sale of food in a ready-to-consume state for consumption is the primary business. A snack bar or refreshment stand at a public or community swimming pool, playground, playfield, or park, operated in conjunction with and incidental to such recreational facility for the sole convenience of patrons of the facility is excluded.
A restaurant at which any food or refreshments are customarily served to or consumed by any patrons seated in automobiles or otherwise off the premises whether or not, in addition thereto, seats or other accommodations are provided for patrons.
A restriction on the use of land usually set forth in the deed or separately recorded restrictions and which is binding upon subsequent property owners.
A use in which merchandise is sold or rented to the general public, but not including specifically allowed other uses such as the following: sales of motor vehicles or boats; adult bookstores; manufacturing; tavern; car wash; motor vehicle service station; repair garage; or restaurant.
The land and space required on the surface, subsurface, and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrianways, utility lines, poles, conduits and mains, signs, hydrants, trees and shrubbery and the proper amount of light and air.
A privately administered institution or school whose curriculum is licensed and/or approved by the Pennsylvania Department of Education.
A school maintained at public expense for the education of the general citizenry of the community or district as part of the system of public education.
An area of planting, or alternative material approved by the Borough Council or Zoning Hearing Board, designed to provide a visual barrier either between abutting properties or between a property and an abutting street, as required within this chapter.
A use of land where secure structures or secure units within a structure are offered for lease to the general public for the storage of personal articles.
A facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless.
One or more buildings or parts thereof to be occupied and used by more than one enterprise for the conduct of business as an integrated and comprehensively planned area.
See Article XI.
The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed by the Planning Commission and approved by the Borough Council or other specified agency.
The change in vertical elevation over horizontal distance, expressed as a percentage.
A solar easement means a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems.
Radiant energy (direct, diffused and/or reflective) received from the sun.
An area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power.
The electric conveyance lines which connect a solar energy facility to the high-voltage electric interconnection grid.
That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
A special exception is a use that would not be appropriate generally or without restriction throughout the zone, but which, if controlled as to number, area, location, or relocation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. The Zoning Hearing Board may approve a special exception following a public hearing and findings of fact consistent with the provisions of this chapter, provided the use complies with specified conditions and standards outlined in this chapter.
That part of any building comprised between the level of one finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that of the building comprised between the level of the highest finished floor and the top of the roof beams. The first story of any building shall be where more than 75% of the story is above the finished grade along the front of the building.
A strip of land, including the entire right-of-way (i.e., not limited to the cartway), either public or private, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot or one dwelling unit. A throughway which has not been ordained as a street by the Borough is an alley. An alley shall not be considered as a street. A list of ordained streets shall be maintained by the Borough; said list is herein incorporated by reference.
The center of the surveyed street right-of-way, or where not surveyed, the center of the traveled cartway.
The lot dimension measured along the street line or right-of-way of any one street or highway abutting a lot.
The dividing line between a lot and the outside boundary of a public street, road, or highway right-of-way legally open or officially mapped by a municipality or higher governmental authority, between a lot and the outside boundary of a street shown on a recorded subdivision or a land development plan, or between a lot and a private street, road, or way over which the owners or tenants of one or more lots held in single and separate ownership have a right-of-way.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
The working place of a painter, sculptor, photographer, or such other similar artistic endeavor, a place for the study of an art such as dancing, singing, or acting, or such other similar artistic endeavor.
The area necessary in a parking lot for maneuvering vehicles into and out of parking stalls and in other areas the space provided for vehicles to turn around.
Open space developed and designed to be utilized for the purpose of recreation whether it be parkland, ball fields, courts or playgrounds.
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
Relief granted by the Zoning Hearing Board from the terms and conditions of this chapter, provided those conditions contained hereafter relating to establishing the entitlement to variances are found to exist by the Zoning Hearing Board.
A use offering information and tourism-related services to visitors to the Borough or historical or natural resources located within the Borough.
A barrier constructed of stone, brick, concrete, masonry, or similar materials designed for the purpose of limiting or excluding access to a lot or for the purpose of screening a lot or portion of a lot from the exterior of the lot.
A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials.
One or more wind turbines and associated structures which constitutes the primary use of the property.
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes such elements as a wind turbine generator hub, blade or rotor, tower, and transformer.
The distance between the base of the tower or other supporting structure and the outermost part of the rotor or blade at its maximum vertical extension.
The entity responsible for the day-to-day operation and maintenance of the wind turbine.
The entity or entities having an ownership interest in the wind turbine, including their respective successors and assigns.
The open space on the same lot with a building or structure. The space shall be open and unobstructed from the ground upward, except as otherwise provided in this chapter, and not less in depth or width than the minimum required by this chapter.
An open space between an adjacent street right-of-way and buildings on the lot extending for the full width of the lot.
An open space between the rear lot line and buildings on a lot and extending for the full width of the lot.
An open space between the side lot line and buildings on a lot and extending from the front yard to the rear yard.
The duly authorized and designated official of the Borough responsible for administering and enforcing this Zoning Ordinance of the Borough of Waynesboro.
Borough of Waynesboro Zoning Ordinance.