The cessation of a use of a property (land and/or structures) by the landowner with the intention of neither resuming the use nor transferring rights of the property to another person who will so use the property.

Having property or district boundary lines in common.

The owner of record of a parcel of land which is contiguous at any point to the parcel in question or which is contiguous to a section of street (public or private) on which the subject parcel has frontage; i.e., a parcel across from the subject parcel.

A way of approaching or entering a property or lot of record which must have direct access to a public street or highway or private street meeting public street standards. "Access" includes ingress, right to enter, and egress, right to leave.

A type of accessory use structure which is subordinate to the principal permitted building on a lot.

A residential dwelling unit located on the same lot as a single-family detached dwelling, single-family semidetached dwelling and single-family attached dwelling unit which provides complete independent living facilities for a maximum of two persons. It may take various forms: a detached dwelling unit; a dwelling unit that is part of an accessory structure, such as a detached garage; or a dwelling unit that is part of an expanded or remodeled principal dwelling unit. The adaptive reuse of a historic carriage house for an accessory dwelling unit shall not be considered an ADU.

A use conducted on the same lot as a principal permitted use to which it is related; and is clearly incidental and subordinate to and customarily found in connection with a particular principal permitted use of a lot.

Any building or other structure that is related to an accessory use and is located on the same lot as a principal permitted use, such as detached garages, sheds, fencing, walls, tennis courts, basketball courts, swimming pools, pavements and other stationary man-made structures.

A strip of land which provides access, such as a street, an easement or a driveway.

The development of a new use for an older building or for a building originally designed for a special or specific purpose which it no longer serves.

Any construction which increases the size of an existing building.

A nightclub, bar, restaurant or similar commercial establishment which features:

An establishment wherein live displays of the human body without a covering on specified anatomical areas are conducted, or a building used for presenting films, motion pictures, videos, slides or other displays, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Results contributing to a harmful or degraded condition and/or producing harm or degradation. "Adverse impacts" may include harmful effects on surrounding land uses, such as the diminution of property values or the degradation of historical resources; land use which is contrary to the Comprehensive Plan and the intent of this chapter; effects which may create a threat to the public health, safety and general welfare; and effects on physical and biological resources which will destroy flora and fauna, degrade water and air quality or create excessive soil erosion.

See "sign" and "sign, outdoor advertising billboard."

Housing (i.e., the total cost of rent and utilities) that does not cost more than 30% of a family's income, and is deemed affordable to those with a household income no greater than 80% of the area median income as established by the U.S. Department of Housing and Urban Development. A development is considered an affordable housing development where greater than 50% of the units are deemed affordable.

A principal use involving the cultivating of the soil, the raising and keeping of livestock and poultry and the harvesting of the products of the soil, including horticulture and forestry.

Rights to develop or use the space above a property.

Land over which there is a right-of-way, municipally or privately owned, serving as a secondary means of access to two or more lots. Alleys shall be those shown on a list and map of the same maintained by the Borough Manager.

Any change or rearrangement in the structural parts of a building or structure or in the means of egress; any change to or in a building which would alter its use classification; an enlargement, whether by extending on a side or by increasing in height; or the moving of a structure from one location or position to another. See also "structural alteration."

Choices between or among two or more plans, layouts, approaches, solutions and/or results.

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.

Goods and objects, such as furniture, textiles, silverware, glass, jewelry and baskets, made in a former period and considered to be of value due to their quality, style, appearance or age.

A landowner or developer, including heirs, successors, assigns and grantees, who has filed a complete application for subdivision and/or land development, as hereinafter defined, or complete application for a special exception, variance or conditional use.

Every application, whether preliminary or final, which is required by the Borough to be filed and approved prior to the start of construction or development, including but not limited to an application for a building permit or a use and occupancy permit, applications for approval of a conditional use, subdivision plan or land development plan and applications to the Zoning Hearing Board for a special exception, variance, interpretation or other action.

An establishment where more than three mechanical amusement devices are made available for use by patrons therein. See also public place of amusement.

Any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration. The facility must hold a valid assisted living residence license from the Pennsylvania Department of Human Services or successor agency.

Any indoor or outdoor facility, natatorium, court, or field designed for intercollegiate sports competitions, and which includes spectator seating and related amenities and any community use of same, whether for rent or by donation.

Any outdoor facility with an open, relatively level, natural or artificial turf surface or an indoor facility designed for team sports, games and recreational activities which do not require spectator seating for more than 20 people and are typically used by students for intramural sports and similar activities.

A facility for the primary use of the university and its students providing indoor seating for meetings or live performances with a maximum seating capacity of 1,500 seats, including any community use of same, whether for rent or by donation, but not including a movie theater, adult cabaret or tavern.

Establishments engaged in furnishing automotive repair services to the general public. See also "garage, public."

The use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers or recreation vehicles, and including any warranty repair work and other repair service conducted as an accessory use.

A building or place of business where gasoline and automobile accessories are dispensed directly to the general public and where automotive repair service may or may not be rendered.

An institution for lending, borrowing, exchanging, issuing and safeguarding money; an office or building used for such purposes.

An enclosed area of a building partly or completely below grade. A basement shall be considered as a floor for the purpose of gross floor area measurement if the basement ceiling is five feet or more above the average ground level around the building.

An accessory use converted or designed for the temporary lodging of transient guests.

Results contributing to an improvement in condition and/or producing a favorable result, such as making a use more compatible with the intent of this chapter and the goals of the Comprehensive Plan and promoting the public health, safety and general welfare.

A mound of earth which serves purposes such as directing the flow of surface water runoff, preventing soil erosion or supporting plant materials and to aid in screening.

An off-premises sign constructed and maintained by a professional sign company or by the outdoor advertising industry on which advertisement space is leased for a fixed period of time.

An area of land surrounded by streets or surrounded by streets and alleys.

All lots abutting one side of a street between the two nearest intersecting streets or one intersecting street and a street dead end.

The Board, referred to as the "HARB," which conducts reviews of proposed building construction and/or alteration work within the Historic District and performs other duties as set forth in this chapter.

A premises that manufactures and produces malt or brewed beverages as defined by the Pennsylvania Liquor Code[1] and that is licensed as a manufacturer or limited brewery by the Pennsylvania Liquor Control Board.

An earthen mound, berm, fence, wall and/or buffer planting strip which is a barrier to visibility, glare, noise or airborne particles between lots or uses of land.

A strip of required yard space adjacent to and within the boundary of a property or district, no less in width than is designated in this chapter, which is landscaped for the full width and forms a continuous visual buffer to provide maximum protection and immediate visual screening to an abutting property, district or street. The required screen or buffer area shall be permanently maintained. Buffer areas shall be in accordance with this chapter.

A strip of land within the required buffer area, which is landscaped with trees and shrubs and which is maintained in accordance with this chapter and the applicable district regulations.

A line with which the exterior wall of a building is required to coincide, that runs parallel to the property line, as measured perpendicularly to the curb or edge of a street cartway, that enables the alignment of buildings on a block in order to maintain the traditional character of the streetscape of the Borough.

Any structure having a roof supported by enclosing walls or columns, contained within lot lines.

See "height of building or structure."

The aggregate of the ground-level floor areas of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

Chapter 43, Building Construction, of this Code.

The amount of the lot area covered by buildings.

The line parallel to the street line at a distance therefrom equal to the depth of the required front yard building setback line.

The line bounding that portion of a lot not contained within the required front, side and rear yards and within which the principal building must be located.

The line established within a lot, measured from the street right-of-way and parallel thereto, defining the minimum distance in which no building may be constructed. In the case of an interior lot not fronting a street for its entire width, the building setback line shall be a line parallel to the street right-of-way, measured from the property interior line nearest the street, defining the minimum distance in which no building may be constructed.

A building which has no wall in common with another building.

A structure in which the primary use of a lot is conducted, designed to be conducted or intended to be conducted.

A building which has only one wall in common with an adjacent building.

Used to describe the sizes of buildings or other structures and their relationship to each other, to open areas, such as yards, and to lot lines, and including:

An area within the Town Center District where restaurant-cafes are a permitted use subject to the regulations in this chapter and Chapter 90A of the Code, titled "Restaurant-Cafes," which area is defined as the area bounded by Gay Street to the north, Matlack Street to the east, Market Street to the south and Darlington Street to the west, as well as the High Street corridor between Chestnut Street and Miner Street and the Market Street corridor between Darlington Street and New Street.

An area within the Town Center District where restaurant-cafes are a permitted use subject to the regulations in this chapter and Chapter 90A of the Code, titled "Restaurant-Cafes," which area is defined as all areas of the Cafe I District and the High Street corridor between Miner Street and Dean Street and Church Street between Chestnut Street and Miner Street.

The diameter of a tree trunk measured at a point six inches from the ground surface at the center of the base of the tree for all existing trees.

A building or portion thereof where vehicles are cleaned manually or by using a conveyor, blower, steam-cleaning equipment, or other devices.

The paved surface of a street available for vehicular traffic.

A line in the center of a street which is equidistant from and parallel to the street lines.

The portion of West Chester which lies within the Town Center District where retail stores or shops are clustered, along with restaurants and cafes and personal service shops, and which is formed by the areas which comprise the Retail Overlay District.

An historic district which has been delineated by the Borough of West Chester and certified for historical significance by the Pennsylvania Historical and Museum Commission in accordance with Pennsylvania Act No. 167.

A building or structure identified by the Borough of West Chester and listed in the National Register of Historic Places or located within a registered historic district and certified by the Secretary of the Interior as being of historical significance to the district.

Rehabilitation/construction plans and work which has been approved by the National Park Service in order to qualify for federal historic preservation tax incentives.

A use conducted by an organization which is classified as a charity by the Internal Revenue Service.

A building utilized for public divine worship. The term "church" shall also include "temple," "synagogue," "mosque" and other similar places of worship.

See "hospital."

A nonprofit social, professional or charitable organization characterized by the payment of dues, regular meetings and a constitution and bylaws. A building is used for club or lodge purposes when it serves as a meeting place for such organization and is not an adjunct to or operated by or in connection with a public tavern or other public place, although it may be used for recreational and/or dining facilities for the membership and their guests.

An arrangement of residential buildings that allows for grouping the buildings by reducing the area and bulk requirements for each lot while creating designated open space.

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

The Code of the Borough of West Chester, as codified and amended from time to time.

A use of land or improvements thereto for the purpose of engaging in retail, wholesale or service activities for profit.

A parking facility, area or lot that is used as a commercial enterprise for the parking of motor vehicles and contains parking spaces leased to the general public or reserved for individuals by the hour, day, week or month. This definition shall not include storage of vehicles awaiting repair, pending insurance or legal action or awaiting demolition, vehicles stored for stripping of parts, or parcels containing an automobile sales and/or service use.

The services which provide for various community, educational, safety, leisure and like needs and the locations at which these services are provided. Typical community facilities include, but are not limited to, parks, recreation centers, libraries, museums, the YMCA, the YWCA, the West Chester Senior Center and the Salvation Army.

A parcel of land gardened or cultivated by a group of people, individually or collectively, where land is typically divided into individual plots for the purpose of private food production or horticulture. Community gardens shall not be used for commercial production of food or horticultural products and shall not include keeping of animals.

The Borough of West Chester Comprehensive Plan, as may be amended from time to time, including maps, tables and text, which constitutes a policy guide for decisions, including but not limited to decisions regarding land use, circulation, community facilities and utilities within the Borough.

A use which may be permitted by Borough Council in a zoning district only when specific standards and criteria are met.

Real estate, portions of which (including dwelling units) are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A § 3101 et seq., as amended and in accordance with the provisions of open space, streets or other development features of this chapter.

All work necessary for the erection, alteration, structural alteration or exterior finishing of any building or structure or portion thereof, including the placement of a mobile home.

The erection, repair, renovation, demolition or removal, rehabilitation or other work performed for, to, on or with regard to any building or structure, including the excavation, filling and grading of lots in connection therewith or in preparation thereof.

The total necessary land required for all buildings or uses within a unified development before a building permit may be issued.

A visually impenetrable screen from the ground to a height of at least six feet created through the effective use of plant materials, fencing, walls and/or earthen berms.

A resource in an historic district or historic complex which, as filed with the National Register or the Bureau for Historic Preservation, supports the district's or complex's historical significance through location, design, setting, materials, workmanship, feeling and association.

An alteration of a building, structure or land by change of use or by increasing dwelling units.

See "lot, corner."

A use which includes art, drama, music, single screen film showings, dance, science and/or history in the form of a museum, theater, or like facility. Such use shall not include a dance club or nightclub or any adult entertainment uses, such as adult theaters, adult motion-picture theaters, adult entertainment centers or adult cabarets.

An open platform constructed of wood, metal, or composite or synthetic material, attached to a principal building, having no enclosing walls, roof or shelter from the weather.

Characteristics related to the distribution, density and vital statistics of populations.

The dismantling or tearing down of all or part of the exterior portion of a building or structure.

A measure of the number of dwelling units per acre calculated by dividing the total number of dwelling units on a lot by the lot area.

See "registered design professional."

Areas allocated to meet the requirements for open space in the NC-1 District through the cluster development option, designed for the use or enjoyment of residents of the subdivision or land development in accordance with Article IV.

The process wherein an historic resource is determined by the Secretary of the Interior as meeting National Register criteria, but not listed in the National Register.

Any landowner, equitable owner or authorized agent of such landowner, or tenant with permission of the landowner, who formally proposes or makes or causes to be made a subdivision, land development or any other development.

Any man-made change to improved or unimproved real estate, including but not limited to the construction or alteration of buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, regrading, excavation, mining, dredging or drilling operations and the subdivision of land; provided, however, that the following shall not be considered as development: routine maintenance; incidental grading related to gardening, cultivation and the like; and minor structural alterations to a building.

A Borough of West Chester official or designated representative whose duties include the administration of this chapter.

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, who holds a permit issued by the Department of Health (DOH) of the commonwealth to dispense medical marijuana.

A premises that manufactures, makes and distills alcohol or liquor from raw materials, blended or rectified, or any place wherein alcohol or liquor is produced by any method suitable for the production of alcohol and that is licensed as a manufacturer or limited distillery by the Pennsylvania Liquor Control Board.

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

A building that contains dwelling rooms that provide sleeping and living accommodations for students enrolled at a college or university, occasional college or university guests, participants in college- or university-sponsored summer camps and members of its faculty or staff, provided that the dormitory is owned or managed by the college or university where the students are enrolled or, in the case of a college or university owned or operated by a governmental unit, the dormitory is owned or operated, or both, by an entity that was formed to promote the interests of, and is operated for the benefit of, that college or university.

A private accessway for vehicles which connects a street to an alley or another street, or to a parking space, garage, dwelling or other building.

A building designed or modified for and occupied exclusively for residential purposes, excluding a hotel, rooming house, club or lodge, but including a mobile home.

One or more rooms in a building, designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities, with no enclosed space (other than vestibules, entrances or other hallways or porches) in common with any other dwelling unit. No dwelling unit shall have more than 50% of its exterior below the level of the exterior grade. A dwelling unit may be contained in any of the following structures:

A right, privilege or other interest granted or reserved for the use of land for a particular purpose or to prevent the use of land for a particular purpose.

Characteristics related to the expenditures and revenues in conjunction with the management of income of a household, private business, community, association and/or government.

Land or buildings used by a university, as defined herein, for instruction and learning, including classrooms, laboratories, and libraries, and any community use of same, whether for rent or by donation. The term shall exclude driver training schools, heavy equipment training, riding schools, child day-care centers, adult day-care centers, family day care homes and group day care homes.

Land or buildings used for the establishment and maintenance of a public or private college, secondary or elementary school or other educational institution for academic, moral or spiritual pursuits or the development of physical or manipulative skills, which is organized and existing under the laws of and, if required, licensed by the Commonwealth of Pennsylvania, excluding spas or similar commercial activities.

The effective date of this chapter is August 23, 1966, except that, as to amendments, the effective date shall be the date when the particular amendment became or becomes effective.

An electric vehicle battery charging station serving an electric vehicle parking space.

A vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes.

Any designated parking space that is provided to allow EV access and use of an EVCS.

A condition that:

Any work performed for the purpose of preventing or mitigating the physical or mental trauma or property damage threatened or caused by an emergency.

The Zoning Officer and/or his duly appointed assistants of the Borough who is hereby designated and authorized to enforce the provisions of this chapter.

An addition to the floor area or increase in size of an existing structure, an increase in the area of a parcel which is occupied by an existing use or an increase in the intensity of a use as a result of increased parking, traffic generation, sewage disposal system or other impacts on surrounding land uses, existing or zoned.

The performance standards set forth in this chapter pertaining to environmental quality and environmental degradation.

See "impact assessment report."

A person who for consideration agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. This definition shall not include individuals who provide care, support or companionship to the elderly, disabled or infirm.

A person or business association that furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

Any place or premises, whether public or private, where any person conducts any enterprise, occupation, vocation or business, whether or not for profit and whether temporarily or permanently located.

One or more individuals living together in a dwelling unit as a single nonprofit housekeeping unit, and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption; or no more than four unrelated individuals living together as a single nonprofit housekeeping unit in a single-family dwelling and no more than two unrelated individuals living together as a single nonprofit housekeeping unit in a two-family or multifamily dwelling; or, by special exception granted by the Zoning Hearing Board, no more than three unrelated individuals living together as a single nonprofit housekeeping unit in a two-family or multifamily dwelling. This definition excludes occupants of a club, dormitory, fraternity, sorority house, lodge or rooming house, group quarters and a student home.

A building used principally as a residence by one adult caregiver, operated for profit or not for profit, in which child day care is provided, between the hours of 6:00 a.m. and 7:00 p.m., at one time to four, five or six children who are not relatives of the caregiver. A family day care home must hold a valid certificate of registration as a "family day care home" from the Commonwealth Department of Human Services, or successor agency, and must obtain a family day care permit from the Borough Zoning Officer.

Federal Communications Commission.

A freestanding and uninhabited structure consisting of materials such as wood, metal, plastic, wire, wire mesh, masonry or vegetation, or in combination with other materials, 2 1/2 feet high or higher, erected to secure or divide one property from another or part of a property from a remaining part, to assure privacy, to protect the property so defined or to enclose all or part of the property. A freestanding masonry wall shall be considered to be a fence.

Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of any portion of the land.

The soil, vegetative, or paved surface of the earth surrounding a building or structure as proposed after development, and not including any structures built to elevate the grade plane, such as but not limited to planters, plazas, courtyards, and retaining or decorative walls.

An occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

A building designed for one or more of the following uses and no others: office, assembly, warehousing/storage or light manufacturing. Each flex space building shall have no less than 30% of the building area used for office space. Warehousing, assembly or light manufacturing shall be a use which shall occupy no more than 70% of the building area.

The sum of the gross livable areas of the several floors of a building or buildings, measured from the face of the exterior walls or from center lines of walls separating two buildings. In particular, floor area includes but is not limited to the following:

Every substance intended for human consumption, whether in solid or liquid form, excluding any substance the sale of which is regulated by the Pennsylvania Liquor Control Board.

The management of forests and timberlands for the purpose of encouraging maintenance and management of forested or wooded open space, 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.

See "yard, front."

A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ceremonies connected therewith before burial or cremation.

A building accessory to a dwelling, for the storage of motor vehicles owned and used by the owner or tenant of the lot on which it is erected for a use which is necessary to the principal permitted use of the lot. A garage shall not provide for the storage of more than two motor vehicles unless the lot contains more than 1,250 square feet for each motor vehicle which is stored, nor shall it be used for the storage of more than two motor vehicles owned and used by others, regardless of the size of the lot.

A building, not a private or storage garage, used solely for the storage, sale, service or repair of motor vehicles. See also "automotive sales and service," "automotive service station" and "automotive repair facilities."

Distracting, blinding or harsh, uncomfortably bright light originating from or reflecting off of man-made objects, such as lighting fixtures, automobiles, signs and structures.

Nonresidential, county, state and/or federal governmental buildings and/or facilities designed and intended to be used or occupied by the county, state and/or federal government or designed or intended by such governmental entities for public use sponsored by such governmental entities.

A reference plane representing the average of finished ground level adjoining the building or structure at exterior walls. See Attachment 5 - Appendix E - "Method for Calculation of Grade Plane and Height of Building or Structure."

That portion of a tract or lot maintained or landscaped with shrubs, trees, ground cover, soil, mulch, grass, vegetable gardens and/or flowerbeds, but not including stone or gravel, and not occupied by any buildings, pavement or other impervious surfaces, except in the Town Center District, as provided for in this chapter.

See "density."

The sum of the horizontal areas of all floors of a building, measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, any space where the average floor-to-ceiling height is less than six feet, or any basement where the basement ceiling is less than five feet above the average ground level around the building.

The floor of a building or structure that is closest in elevation to the elevation of the street and adjacent to the street that provides pedestrian and vehicular access to the building. For buildings that can be accessed from two streets (e.g., a primary street and an alley), the part a floor that is at a higher or lower elevation and is adjacent to the alley is not part of the ground floor.

A group of unrelated individuals who are handicapped persons, as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and who reside as a family in a dwelling unit. Such group of individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family as defined in this chapter.

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, who holds a permit issued by the Department of Health (DOH) of the commonwealth to grow and process medical marijuana.

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

The vertical distance measured from the Grade Plane to:

Any building, structure or site that is officially recognized for its historic and/or architectural significance by the United States Department of the Interior, the Pennsylvania Historical and Museum Commission, the Chester County Historic Preservation Office or the West Chester Historical and Architectural Review Board or is designated as contributing to a National Register or Municipal Historic District.

An accessory building that is shown on the Historic Carriage House Map adopted by the Borough and contained in the Appendix;[2] or shown on the National Register of Historic Places; or considered to be eligible for the National Register of Historic Places through a determination of eligibility (DOE); or of historic, architectural or cultural significance as determined by Borough Council upon application to and review by HARB.

Any area or district within the Borough of West Chester designated by ordinance of the Borough of West Chester pursuant to Pennsylvania Act No. 167 of 1961, as amended from time to time.[3]

All buildings, sites, structures, objects and districts shown on the Borough of West Chester Historic Resources Map and sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or locations of events, customs, skills and/or arts of the past.

An official list, appropriately documented, of historic resources in the Borough of West Chester and their classifications.

An accessory use of a dwelling or a dwelling unit for any lawful activity normally conducted for pecuniary gain by a resident within a residential dwelling unit, located and conducted so as not to interfere with the quiet enjoyment of neighboring residential properties and which complies with the standards for home occupations set forth in this chapter.

A nonprofit organization composed of homeowners or property owners, planned and operated under approved rules and regulations for the purpose of serving the needs of residents through the maintenance of community-owned property. This term is synonymous with "property owners' association."

The art and practice of propagating and cultivating plants for their produce or for ornament.

An institution providing primary health services and medical or surgical care to persons, some of whom are inpatients, suffering from illness, disease, injury, deformity and other physical or mental problems. When conducted as an integral part of the hospital, related accessory facilities, such as laboratories, outpatient facilities, training facilities or offices for doctors and other medical personnel affiliated with the hospital, may be an accessory use to the hospital.

A facility offering transient lodging accommodations to the general public, where guest rooms are entered exclusively from a door directly to the exterior of the building or an exterior passageway, or from an interior lobby, corridor or hallway from a common entrance, and which may include additional facilities and services, such as restaurants, lounges, meeting rooms and other common areas, or recreation facilities for use only by registered hotel guests.

Domestic animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasure of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.

Housing qualifying for an exemption from the federal Fair Housing Act, including dwelling units provided under any state or federal program that the Secretary of the Department of Housing and Urban Development has determined to be designed and operated to assist elderly persons; dwelling units intended for and solely occupied by persons 62 years of age and older; or dwelling units intended and operated for occupancy by persons 55 years of age or older.

The power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.

An assessment which objectively describes, analyzes and documents both the beneficial and adverse environmental effects of a proposed subdivision and/or land development and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in this chapter and the Subdivision and Land Development Ordinance.[4]

The amount of the lot area covered by impervious surfaces which have materials that do not normally absorb rainfall, such as buildings; roofs; paved areas, such as streets and parking lots; and paved walks and similar surfaces.

Physical additions and changes to land, such as grading, paving, curbing, fire hydrants, water mains, sanitary sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, wells, street trees and other plantings and other structures that may be necessary to produce usable and desirable land development.

The basic installations and facilities on which the continuance and growth of a community depend, such as roads, schools, electrical transmission facilities, transportation and communication systems and sewer and water systems.

A use or activity that is public or quasi-public in nature that includes, but is not limited to, educational uses, hospitals, personal care homes, assisted living facilities, skilled nursing facilities, religious uses, and certain nonprofit organizations catering to the public.

See "lot, flag or interior."

An area of land, with or without buildings, used for storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery or vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.

An establishment where six or more dogs, cats or like domesticated animals more than one year old are kept, boarded, groomed, trained, raised or bred for compensation.

A building or group of buildings which houses the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale, except as an accessory use.

A sketch, preliminary or final plan submitted in compliance with the requirements of the Borough of West Chester Subdivision and Land Development Ordinance,[5] showing the provision for development of a tract of land. See also "subdivision plan."

The legal, beneficial or equitable 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 authorized under the lease to exercise the rights of the landowner, or another person having a proprietary interest in the land.

That portion of a tract or lot in which plantings have been installed in accordance with the provisions for landscaping in this chapter. The landscaped area includes the buffer planting strip and those plantings which serve a functional and/or aesthetic purpose and are located around and between buildings, roads, parking areas, sidewalks, walkways, sitting areas, service or maintenance structures, courtyards and the like.

The planting of trees, shrubbery, ground cover, turf grass and the like, including the maintenance and replacement thereof, for the control of erosion, retention of precipitation or surface water runoff, promotion of human comfort and welfare, screening of glare, baffling of noise, creation of shade, articulation of space, screening of parking and loading areas or for other functional or environmental reasons.

A plan for the installation and maintenance of plantings, prepared according to the provisions of this chapter.

An establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public for family laundering or dry-cleaning purposes.

Uses involving manufacturing or assembly of parts, equipment and machinery.

A use consisting of an office, artisan studio, or personal service shop on the first floor, and a dwelling unit or dwelling units on the second floor and above.

Animals of any kind raised for sale, resale or agricultural field production. The keeping of one or more horses or ponies for noncommercial recreational purposes or for pleasure or the keeping of common household pets, such as dogs, cats and the like, for noncommercial purposes shall not be considered as the keeping of livestock.

A space in a building or on a lot which is accessible from the public street system for the temporary use of vehicles while loading or unloading merchandise, materials or passengers.

Results which are manifest for or extend over a long period of time.

A contiguous area of land, undivided by any street or private road or dedicated future street right-of-way. Such parcel shall be held in single and separate ownership and separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County.

The area of land contained within the property lines of a lot, including the area of any easement, but excluding any area within an existing or designated future street or a transportation right-of-way.

The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

A property boundary line shown on a recorded plan or described in a recorded deed. In the case of any lot abutting a street, the lot line for such portion of the lot as abuts such street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street right-of-way.

That boundary line of the lot parallel to the street line, provided that any portion of the lot which crosses the street line will have the street line as its front lot line. In the case of a corner lot, both street lines shall be deemed the front lot line.

A lot line opposite and most distant from the front lot line. If the rear lot line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the rear lot line.

Any lot line which is not a street line or a rear lot line.

The lot area.

The distance measured between the side lot lines at the required building setback line. When there is only one side lot line, as in the case of a corner lot, the lot width shall be measured between such lot line and the opposite lot line.

A lot abutting upon two or more intersecting streets or upon two parts of the same street at the point of an abrupt change in direction, forming an interior angle at the corner point of less than 135°.

Any lot which has limited frontage and connection to a street by means of an access strip of the required minimum lot width at the street line.

A lot extending between and having frontage on two generally parallel streets.

A parcel or contiguous parcels of land under single ownership divided into two or more manufactured home lots for rent or sale, which has been planned and improved for the placement of manufactured homes for nontransient dwelling use and which consists of two or more manufactured home lots.

A public common carrier transportation system for trains, buses, jitneys and other like transit with established routes and fixed schedules for trains, buses, jitneys and other like transit.

An establishment in which personal massages are offered to customers or clients but excluding any establishment or use therein which would be prohibited by the Pennsylvania Crimes Code.[6]

Any electronic or mechanical device, machine or apparatus which, upon the insertion of a coin, token or slug or other form of payment, operates or may be operated as a game or contest of skill or amusement of any kind or description and which contains no automatic payoff devices for the return of money or tokens or slugs or which makes no provision whatever for the return of money to the player. A mechanical amusement device is also any electronic or mechanical device, machine, apparatus or contrivance which is used, or which may be used as a game of skill and amusement wherein or whereby the player initiates, employs or directs any force generated by the machine. The term "mechanical amusement device" is also hereby defined to be and shall include each machine vending (visual) entertainment in return for the insertion or deposit therein of a coin or token or slug; provided, however, that this does not include coin-operated radios or television sets in private quarters.

A medical establishment offering outpatient medical or dental services operated by a physician or dentist who is licensed to practice in the Commonwealth of Pennsylvania.

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania pursuant to Act 16.[7]

A parabolic reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish-shaped antenna," used or intended to receive radio or electromagnetic waves from an overhead satellite.

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone, dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore, zinc ore, vermiculite, clay, anthracite and bituminous coal, coal refuse, peat, crude oil and natural gas.

An establishment consisting of attached individual units used exclusively for the storage of goods, together with one office area for administrative support, provided that:

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement of or relocation of any standpipe, water supply sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

The act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.

See "dwelling unit, single-family detached, mobile home."

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home which is leased by the mobile home park owner to the owner or occupants of the mobile home erected on the lot.

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use and consists of two or more mobile home lots. See also "manufactured home park or subdivision."

A WCF or site that consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

A device designed or used for decreasing or abating the level of sound escaping from an engine, machinery or like system.

Any use conducted by West Chester Borough, an agency of the Borough or any authority created by the Borough for administrative buildings, equipment or material storage, public park or recreational areas, public sewage treatment and/or water supply collection, treatment, storage and/or distribution facilities, stormwater management facilities, public parking garages, public libraries or any similar use owned and operated by the Borough, an agency of the Borough or any authority created by the Borough. The definition of "municipal use" expressly excludes any use by any governmental agency or authority other than those of West Chester Borough.

The National Register of Historic Places, a list maintained by the Secretary of the Interior composed of buildings, sites, structures, objects and districts of national, state or local significance in American history, architecture, archaeology, engineering and culture.

Any area or district listed in the National Register of Historic Places as maintained by the National Park Service, United States Department of the Interior, such as the West Chester Downtown Historic District.

As defined by the Pennsylvania Municipalities Planning Code (MPC).[8]

Any sound which annoys or disturbs humans or animals, or which causes or tends to cause an adverse psychological or physiological effect on humans or animals.

Any sound which endangers or injures the safety or health of humans or animals, endangers or injures personal or real property, disturbs the peace or creates a nuisance, in accordance with this chapter.

Wireless communications facilities other than tower-based wireless communications facilities.

A condition or characteristic of a building, structure, lot, use or other activity or a property which does not conform to or comply with the provisions and requirements of this chapter, where such condition or characteristic legally existed prior to the enactment or amendment of this chapter.

A use which manifests itself for a period of not less than six consecutive months.

Any place where a person appears seminude or in a state of nudity or displays specified anatomical areas and is observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or an establishment within an educational use as defined in this chapter.

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or the showing of the covered male genitals in a discernibly turgid state.

Anything that interferes with the use or enjoyment of property, endangers personal health or safety or is offensive to the senses.

A facility operated for the purpose of providing therein lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons for compensation, provided that the facility has obtained proper governmental licensing, including a license from the Pennsylvania Department of Health or successor agency to provide skilled and intermediate nursing care as defined by 28 Pa. Code § 201.3 or successor regulation. The term "convalescent home" is included in this definition.

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any watercourse or flood-prone area which may impede, retard or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or which is placed where the flow of water might carry the same downstream to the damage of health, safety and property.

A use in which business, clerical or professional activities are conducted. "Office use" includes professional offices as defined in this chapter.

A use that involves administrative, clerical, financial or institutional operations or operations of a similar character specific to the operation of the university. This use shall not include retail, commercial or industrial uses.

Residence hall beds in the PUC Area or an apartment unit bed on south-campus or students attending class or classes in any building located in the PUC Area or in any building located in West Goshen Township or in East Bradford Township, excluding the West Chester University Graduate Center.

Natural or landscaped areas restricted in perpetuity to natural resource protection, conservation or recreation or used for noise and/or visual buffers or for other purposes as described in the open space provisions of this chapter.

A structure containing two or more levels, which is used to shelter or store motor vehicles.

Parking spaces provided to accommodate nonresident guests, visitors, and tradesmen in a multifamily residential development.

A parking facility, area or lot that is used as a commercial enterprise for the parking of motor vehicles.

A reasonably level space with a paved surface available for the parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access. "Parking space" shall include either covered garage space or uncovered parking lot space which is directly accessible from a street or aisle in a parking lot.

The placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space.

A common shared wall between two separate buildings. For purposes of a single-family attached or single-family semidetached dwelling, the party wall must extend continuously from the foundation of the dwelling through the roof of the dwelling.

An impervious surface which manifests itself with materials such as concrete, asphalt, flagstone, brick, stone or like composition.

A building frontage devoted to uses which are sidewalk-oriented and physically and visually accessible by pedestrians from the sidewalk and which enhances pedestrian activities. Uses which compose pedestrian-oriented frontages include, but are not limited to, retail stores or shops, restaurants, cafes, and other uses with a landscaped plaza, landscaped courtyard, landscaped entrance court, sculpture garden, translucent window display area which showcases art, sculpture or like icons, and other civic-like space accessible to pedestrians. Pedestrian-oriented frontages are required for all buildings with first floor/ground floor frontage for all lots within the Retail Overlay District.

For purposes of the Planned University Campus District, the horizontal distance between the street line of High Street, University Avenue, Reynolds Alley, Rosedale Avenue, New Street and Sharpless Street and all buildings, structures and parking lots.

Any individual, association, trust, partnership or corporation, including any members, directors, officers, employees, partners or principals thereof. Whenever used in any clause prescribing and imposing a penalty, "person" includes the members, trustees, partners, directors, officers, managers and supervisors, or any of them, of partnerships, associations, corporations or other forms of entity.

A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.

Businesses in the Town Center and Commercial Service Districts which offer personal services, such as barber, beautician, shoe repair, dry cleaner, tailor, seamstress, laundromat, dressmaker, photographer, caterer, travel agent and massage therapist licensed by the Commonwealth pursuant to the Massage Therapy Law.[9]

Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture, Natural Resources Conservation Service, and the Soil Survey of Chester and Delaware Counties.

See "building, principal."

The facade of a building or structure along the street on which the building has frontage, excluding alleys and other rights-of-way. On a corner lot, the property owner shall select and declare which facade is the principal facade.

The single dominant use or single main use of a lot; a use listed as a principal use in the zoning district use regulations.

Where at least 51% of the actual cash value of a structure, less land value, is above ground.

A function involved in the manufacture of materials, goods or products in which they are not physically changed except for packaging or sizing.

The office of a professional practitioner.

A trained and certified or licensed individual, such as a medical practitioner, lawyer, accountant or design professional.

A subdivision, a land development or any development involving the construction or alteration of buildings or other structures or the grading or excavation of land to accommodate a building, structure or use.

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 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.

Any facility used for the purpose of providing, for a charge, recreation and/or amusement to the public. An arcade and bowling alley are examples of public places of amusement. Health clubs, spas and adult entertainment uses are not included in this definition.

Leisure-time activities, including but not limited to sports and entertainment, that are open to anyone without restriction, except for rules and standards of conduct and use.

Any street, avenue, boulevard, highway, sidewalk, alley or similar place which is owned or controlled by a governmental entity.

Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or utility service.

A system for the collection, conveyance, treatment (at a sewage treatment plant) and disposal of wastes from customers in compliance with prevailing federal, state and municipal regulations, operated by the Borough of West Chester, a public utility or municipal authority.

An outdoor pedestrian gathering space or a streetscape.

Any land dedicated to public use or passage, including but not limited to streets, alleys, or other vehicular rights-of-way, whether constructed, dedicated or proposed.

A system for water distribution and water supply which is owned, administered and operated by a public utility or municipal authority.

The area of the university campus bounded by South High Street, University Avenue, Reynolds Alley, Sharpless Street, South New Street and West Rosedale Avenue. This area, excluding road and street rights-of-way, shall be considered as a standalone lot for the application of the area and bulk requirements for the PUC District.

A form of mass transportation that involves train routes.

All land, whether publicly or privately owned, whether improved or not improved, with or without structures.

Those recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include but are not limited to playgrounds, tennis courts, basketball courts, swimming pools and athletic fields.

Recreational pursuits which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include but are not limited to hiking, biking and picnicking.

A sign affixed to the inside of a fence which is installed around a baseball field owned by the Borough.

A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure-time or recreational use or for travel. Recreational vehicles or units include travel trailers, truck-mounted campers, motor homes, folding tent campers and autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation. Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers are also deemed recreational vehicles.

An individual who is registered or licensed to practice their respective design profession (such as an architect, engineer, landscape architect, surveyor or certified planner) in accordance with the statutory requirements of the professional registration laws of the Commonwealth of Pennsylvania.

An historic district listed in the National Register of Historic Places or a state or local historic district whose status has been certified by the Secretary of the Interior and which is certified as meeting substantially all the requirements for National Register listing.

The process of returning a property to a state of utility through repair or alteration, which provides for a contemporary use while preserving those portions and features of the property which are significant to its historical, architectural and cultural values.

Any piece of equipment related to, incidental to, or necessary for the operation of a tower-based WCF or nontower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.

A nonprofit use of land or a building at which religious worship, ceremonies and related activities are held regularly by a group which practices the religion. Religious use may include a place of worship, convent, rectory, parish house or similar religious institution.

The replacement of existing construction with the same material for the purpose of maintenance only, but not including any addition, removal or modification in construction.

An establishment for carrying on investigation in the natural, physical or social sciences or engineering and development as an extension of investigation with the objective of creating end products.

A place, building or part of a building where food and beverages are served or provided to the public.

A restaurant used for the purpose of furnishing food and beverages to the public to be consumed on the premises and in an area on the sidewalk directly abutting and adjacent to and upon the same lot as a restaurant, licensed or unlicensed, or any area of the premises licensed by the Pennsylvania Liquor Control Board pursuant to regulations of the Board to conduct business on the above-mentioned premises.

A building and adjoining parking area used for the purpose of furnishing food and beverages to the public for consumption on the premises outside the principal building while patrons remain seated in their parked vehicles.

A restaurant used for the purpose of furnishing food and beverages to the public where customers place their orders at an inside service counter and where food is served for consumption either at eating areas within the building or is taken out for consumption away from the premises, which may include service and pickup of food and beverages for off-premises consumption without the customer leaving the customer's vehicle.

A restaurant used for the purpose of furnishing food and alcoholic and nonalcoholic beverages to the public to be consumed on the premises and within the building and holding a valid restaurant, hotel or eating place license from the Pennsylvania Liquor Control Board. "Restaurant, licensed" includes a tavern as defined in this chapter.

The licensed premises or storage location of a brewery, brewery pub, limited distillery, and limited winery (as defined, licensed, and regulated by the Pennsylvania Liquor Code[10] and Pennsylvania Liquor Control Board) that sells and serves alcoholic beverages and food for consumption on the premises at tables and chairs, including bar seats, in a restaurant setting.

A restaurant used for the purpose of furnishing food and nonalcoholic beverages to the public to be consumed on the premises and within the building.

The portion of the Town Center District, as shown on the Retail Overlay District Map, in which pedestrian-oriented frontage shall be created and maintained on the first floor/ground floor of buildings.

An enterprise engaged in the sale of goods or merchandise to the general public, and the rendering of services incidental to such sale, for items such as antiques, books, beverages, confections, dry goods, flowers and plants, foodstuffs, gifts, garden supplies, hardware, household appliances, jewelry, notions, paint, periodicals, stationary, tobacco or wearing apparel, including a dispensary.

A strip of land granted or reserved for public or private use or access.

See "street."

A dwelling providing lodging with or without meals, but including common cooking and sanitary facilities.

Any liquid waste containing animal or vegetable matter in suspension or solution or the water-carried waste resulting from the discharge of water closets, laundry tubs, washing machines, sinks, dishwashers or any other source of water-carried man-made waste.

A sewer that conveys sewage or industrial wastes or a combination of both and into which stormwaters, surface waters and groundwaters or unpolluted industrial wastes are not intentionally admitted.

Plant materials, fencing, walls and/or earthen berms to aid in the concealment of a building, structure, street, or other feature.

The plantings which are used in a buffer planting strip or other landscaping arrangement to create a continuous visual buffer.

The results of an indirect or nonimmediate influence of one entity or condition upon another.

See "street, secondary."

Standards used by the Secretary of the Interior, as administered by the National Park Service, when determining if a rehabilitation project qualifies as a certified rehabilitation pursuant to the Tax Reform Act of 1986.

The state of dress in which specified anatomical areas are not entirely concealed.

A watertight receptacle that receives the discharge of sewage from a building, sewer or part thereof and is designed and constructed so as to permit settling of solids from this liquid, digestion of the organic matter and discharge of the liquid portion into a disposal area.

A system of open-jointed pipes intended to distribute septic tank effluent into the ground for absorption and evaporation.

See "building setback line."

The total of organic waste and wastewater generated by residential, industrial, commercial, institutional or other establishments.

Any pipe or conduit used to collect and carry away sewage or stormwater runoff from the source to treatment plants and to a receiving stream or other drainageway.

A system of sewers and appurtenances for the collection, transportation, pumping, treating and disposing of sewage and sanitary waste.

See "public sewage disposal system."

Includes adult entertainment centers, adult merchandise stores, adult cabarets, adult motion-picture theaters, adult theaters, escort agencies, massage parlors and nude model studios.

An integrated group of commercial establishments planned, constructed, operated and managed in a unified manner, where customer and employee parking are provided on-site and provision for the delivery of goods is separated from customer access.

Results which occur immediately or within a short period of time, such as a week or month.

Any dwelling unit offered or rented for the purpose of overnight and transient lodging for a period of less than 30 days. The offering for rent or renting of one or more bedrooms in a dwelling unit or part of a dwelling unit shall not be permitted as a short term rental.

A paved or surfaced level area, used as a pedestrian walkway, which parallels and is separate from the cartway of the street.

A seasonal or occasional sale held on the sidewalk or other structure along the front or side of a particular store or establishment where goods are offered for sale to the public, typically at a discounted price.

A line of unobstructed vision from a point 3 1/2 feet above the center line of a street to the nearest point on the top of an object 24 inches high on the same center line.

Any permanent or temporary structure or part thereof or any device attached, painted or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication or direction or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch or of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property and cornerstones built into or attached to a wall of a building shall not be construed to be signs.

Includes all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the "area" shall be considered to be that of the smallest rectangle or other shape, including the sign background, which encompasses all of the letters and symbols.

Any sign which specifically relates to the permitted use of the premises on which said sign is erected and which serves as a further description of products available or services provided.

A sign which is permitted to promote special community events for a temporary period of time as provided for herein.

An advertising banner, cloth or sign of similar character, suspended or hung on a property, which is a temporary sign.

A sign with characters or letters that can be changed or rearranged either manually or through electronic means through the display area of the sign, being comprised of elements such as liquid crystal diodes (LCD), light-emitting diodes (LEDs), fluorescent bulbs or lamps, plasma, or other digital illuminated display.

A sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits sudden or marked changes in lighting effects. Illuminated signs which alternately indicate the time, temperature or date information shall not be considered to be "flashing signs."

See "sign, pole."

Any sign supported by uprights or braces placed upon the ground and not attached to any building, or any sign which emerges directly from the ground surface, such as a masonry or decorative masonry sign.

A sign designed to provide artificial light directly or through transparent or translucent material, from a source of light within such sign, such as backlighting, or a sign with illumination derived from an external artificial source so arranged that no direct light is projected from such artificial source to areas other than the immediate sign being illuminated.

Includes any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a pedestrian walk or other way.

A sign which directs attention to a business, commodity, service, entertainment or other use or activity conducted, sold or offered at a location other than the premises on which the sign is located, but excluding recreational field signs.

A sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises.

See "sign, wall."

A sign permanently affixed or intending to be permanently affixed to the exterior of a building.

A sign that is mounted on or suspended from a freestanding pole, column or other support located in or upon the ground surface.

A sign which is attached directly to the wall of a building which extends more than 12 inches beyond the edge of any wall or surface to which it is affixed.

A sign pertaining to the sale or lease of the premises on which the sign is located.

Any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof.

An A-frame sign or sign of similar character which is placed upon sidewalks and is not permanently affixed to any structure.

Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a period of no more than 60 days in a calendar year; provided, however, that the sign may not be continuously displayed from one calendar year to the next calendar year if such display would result in the sign being continuously displayed for more than 60 consecutive days.

A sign which is mounted to a wall or other vertical building surface, not extending more than 12 inches beyond the edge of any wall or other surface to which it is affixed.

A temporary or permanent sign which is oriented to the public right-of-way, is legible to persons in vehicles and is located on the outside or inside of a window to direct attention to an activity conducted on the same lot.

The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter and have continued since the date to be so separately described in all subsequent recorded deeds of conveyance.

See "dwelling unit."

A tract or parcel of land or combination of contiguous lots or parcels of land.

Measures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.

An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristics of such sound, including duration, intensity and frequency.

A use which may be permitted by the Zoning Hearing Board in a zoning district only when specific standards and criteria are met.

Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely covered.

Any of the following:

A place where, without the agency of man, water flows from a rock or soil upon the land or into a body of surface water.

Any building, structure or portion thereof which is used, in whole or in part, for the shelter or care of sheep, goats, horses or cattle.

The date of issuance of a building permit, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the state of excavation, or the placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Camouflaging methods applied to wireless communications towers, antennas and other facilities, which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

Those areas of land where the natural grade is 15% or greater. Slopes shall be measured as the change in elevation over the horizontal distance between consecutive contour lines, and expressed as a percent. For the purpose of application of Borough subdivision regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be based on contour intervals determined by detailed topographic survey using aerial photogrammetry or actual field survey and shall be signed and sealed by a registered surveyor or engineer licensed to practice in the Commonwealth of Pennsylvania. Slopes created during land disturbance or land development activity, when authorized by the Borough pursuant to Chapter 97 of the Borough Code, are not considered steep slopes for the purposes of regulating steeply sloped areas.

The deposit of goods, materials or products intended for future use or disposition, including a warehouse or distributorship.

That part of a building located between the upper surface of a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plates of which on at least two exterior walls are not much more than two feet above the floor.

A right-of-way intended for the general public use to provide means of circulation for vehicles and pedestrians, furnishing access to abutting lots. The word "street" includes the words "road," "highway," "avenue," "boulevard,' "lane" and "alley."

The right-of-way line of a street where it crosses a lot; the dividing line between a lot and the street.

The wall or walls of a building at the edge of the street right-of-way adjoining a sidewalk, or approved vertical architectural or landscape features such as piers, fences, pergolas, arbors, colonnades, or other similar vertical features at least three feet six inches in height in lieu of a building wall.

A street which serves as the principal means of vehicular travel to provide access to the front yard of abutting properties.

A street which serves as a subordinate means of vehicular travel to provide access to the side yard or rear yard of abutting properties, such as an alley.

Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, fire separation walls, partitions, columns, beams or girders; or any change which could convert an existing building or other structure into a different structure or adapt the structure to a different use or which, in the case of a nonconforming building or other structure, would prolong the life of such building or owner structure.

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

An individual who is enrolled or has made application and been accepted at a university, college or trade school and is taking at least six credit hours per semester and whose primary occupation is as a student or who is on a semester or summer break from studies at a college, university or trade school. The term "student" shall apply to both undergraduate and graduate students alike.

A living arrangement for at least two students to a maximum of four students (as defined in this chapter) unrelated by blood, marriage, or legal adoption. "Student home" shall not include dormitories.

A building owned and managed by a college or university or by a private entity which owns and operates student housing for college or university students recognized and approved for such purpose by the college or university at which such students are enrolled, which contains dwelling rooms, apartments or other living units that provide sleeping and living accommodations solely for students enrolled at the college or university. Student housing shall not include the conversion or the use of single-family dwellings for the purpose of renting rooms or space to individuals attending a college or university.

The building, rooms or area on a college or university campus that is devoted to student recreation and socialization, offering a variety of programs, activities, services, and facilities. It may include, but not be limited to, sports courts, game rooms, lounges, wellness centers, entertainment venues, meeting rooms, bowling alleys, and cultural or other similar amenities.

A building or room(s) on a college or university campus set aside for the department or division of services and support for students, which may include, but not be limited to, academic advising, financial aid, career development, course registration, and tutoring services.

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, conveyance or other transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings, are not included in this definition.

A sketch, preliminary or final plan submitted in compliance with the Borough of West Chester Subdivision and Land Development Ordinance,[11] showing the provision for the subdivision of a tract of land. See also "land development plan."

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure had been damaged and is being restored, before the damage occurred. A substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or municipal health, sanitary or safety codes which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or the Pennsylvania Inventory of Historic Places.

That part of the precipitation that passes over the surface of the land without first passing beneath the surface.

Any permanent pool not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet.

Any swimming pool other than a private swimming pool, including publicly and privately owned pools open to the general public and pools owned and operated in conjunction with membership organizations, hotels and other similar uses.

An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.

Tents, membrane structures and other construction erected for a period of less than 180 days.

Wireless communications facilities that include the installation of a structure that is used for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers, monopoles, utility poles and light poles. DAS hub facilities shall be considered to be tower-based WCFs.

A lot or one or more contiguous lots assembled for the purpose of development.

A portable vehicular structure, built on a chassis and designed as a temporary dwelling for travel, recreation, vacation and other short-term uses.

A unified development which contains multiple institutional uses built or developed on a single block which utilize common architectural and design principles and share common vehicular and pedestrian access and parking.

A use on land with frontage on Market Street, Gay Street, Strasburg Road, Downingtown Pike, or Hannum Avenue, which provides affordable housing in combination with community facilities and/or neighborhood amenities, as defined in this § 112-202.

The buildings and grounds of an institution of higher learning accredited by an agency recognized by the United States Department of Education or successor agency (e.g., Middle States Commission on Higher Education).

A building or room(s) on a college or university campus, set aside for the receiving, storage and retail sale of textbooks, apparel, gifts, office supplies, and sundries for the benefit of the students, faculty and staff.

The existing and future buildings, structures, parking lots and facilities owned, used and/or operated by West Chester University of Pennsylvania or successor university, located within the Planned University Campus District of West Chester Borough.

A building or room(s) or vehicle on a college or university campus, set aside for the receiving, storage, preparation and consumption of food and beverages for the benefit of students, faculty and staff or temporarily to serve at such events as fairs, banquets and athletic contests.

An indoor facility wholly devoted to the provision of equipped spaces, athletic equipment, and supporting services designed to promote physical fitness and recreation for university students and any community use of same, whether for rent or by donation.

A building or room(s) on a college or university campus set aside to provide integrated medical, mental health, and wellness services for students. Facilities may include, but not be limited to, exam rooms, meeting rooms and offices for physicians, psychiatrists, psychologists, nurse practitioners, social workers, counselors, nurses, medical assistants, therapists and athletic trainers, and any community use of same, whether for rent or by donation.

A building or room(s) on a college or university campus set aside for the necessary infrastructure required for the daily operation and maintenance of the campus buildings, including heating, cooling, plumbing, lighting and communications.

An activity or the specific purpose for which land or a building or other structure is designed, arranged, intended, or improved or for which it is or may be occupied or used.

Telephone, electric, cellular, internet, and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or utility service.

Permission, approval or authorization granted by the Zoning Hearing Board to modify or deviate from the exact provisions of this chapter, as applied to a specific property.

A building used primarily for the storage of goods and materials, distinct from ordinary on-site storage connected with retail enterprise and from mini storage.

A permanent or intermittent stream, brook, creek or channel or ditch for water, whether natural or man-made.

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

An historic district listed on the National Register of Historic Places.

Establishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users or to other wholesalers or those acting as agents or brokers and who buy or sell merchandise to such individuals or companies.

A premises that manufactures and produces wine as defined by the Pennsylvania Liquor Code[12] and that is licensed as a winery or limited winery by the Pennsylvania Liquor Control Board.

Types of transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing or accommodating wireless telecommunications services.

Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough-owned land or property.

A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the Borough.

An area of vegetation in which the dominant plants are trees that are indigenous to such area.

An open area on a lot extending along a lot line and inward from such line. The minimum dimension of a required yard shall be as provided for each district and shall measure as the shortest distance between the lot line and a line parallel to such line.

A yard abutting a street line of a primary street extending the full width of the lot along the front lot line of such yard and extending in depth from the front lot line to the building setback line. In the case of a corner lot, the yards extending along all streets are front yards, and the remaining yards shall include a rear yard, opposite the street on which the principal building is generally faced, and a side yard opposite the other street. For lots fronting three streets, all yards abutting a street shall be considered a front yard. The remaining yard shall be either a rear yard or a side yard, determined by the position of the principle building facade.

A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the building setback line.

A yard extending the full depth of the lot along the side lot line and extending in width from such side lot line to the building setback line.

The location of a building on a lot in such a manner that one of the sides of the building is located directly on the lot line.