The relinquishment of property, or a cessation of the use of the property, by the owner without the intention of transferring rights to the property to another owner, or of resuming the use of the property.

Areas of contiguous lots that share a common property line or lot line, or are separated by a common border, including easements, but excluding lots entirely separated by a public right-of-way for a street or alley.

The traveled way by which automobiles and other similar motor vehicles enter and depart parking spaces.

A public or private drive, other than a driveway, providing vehicular access to and between parking areas for more than two parking spaces within a land development; or any drive servicing three or more units of occupancy on a single lot.

An alternative energy system that supplies energy primarily for on-site use, except that when a property upon which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. This definition shall not in any way limit or preclude those accessory alternative energy systems conducted pursuant to and part of power purchase agreements.

An individual independent dwelling unit, incorporated into the principal or accessory building or structure located on an owner-occupied lot upon which the permitted principal use is a single-family detached dwelling, and which meets the requirements for such use in Part 11 of this chapter relating to Additional Supplemental Standards and Requirements for Specific Accessory Uses.

An accessory dwelling unit that is especially created for and limited to occupancy by a close relative of the residents of the principal dwelling unit, is necessary to provide needed care and supervision to such relative, and meets the requirements for such use in Part 11 of this chapter relating to Additional Supplemental Standards and Requirements for Specific Accessory Uses.

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

The use of land, structure, or building for a specific purpose.

The act of converting structures to a new use other than that for which it was originally designed and used, in a sympathetic, compatible, and context-sensitive manner.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (An extension or increase in floor area or height of a building or structure.)

Two or more abutting lots or two or more lots separated only by a public street right-of-way or another lot.

The perception of artistic elements, or elements in the natural or man-made environment which are pleasing to the eye.

Equivalent Section 107 of the most recent version of the MPC.[1] (An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.)

Unless specifically defined elsewhere in this Part 2 of this chapter, the following words and phrases when used in Part 6 of this chapter relating to the Airport Overlay Zoning District (APO) shall have the meaning given to them in this subsection:

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (Any construction or renovation to an existing structure other than repair or addition.) Also includes any change, addition, or modification in construction, occupancy, or use.

Any one or more method and facility used in the conversion, storage, and distribution, including electrical infrastructure, transmission lines, and other appurtenant structures and facilities of renewable energy sources, including but not limited to sunlight, wind, rain, tides, and geothermal heat.

Revisions to the zoning text and/or the zoning map to depict a change in use, standards and criteria, or zoning district location(s).

An establishment offering veterinary services to all types of animals, which also includes outdoor or overnight keeping or boarding of animals.

An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

A device, partially or wholly exterior to a structure or building, that is used for receiving electronic signals (other than a satellite dish antenna which is treated separately) or for transmitting short-wave or citizens band radio frequencies. This shall include antennas used by an amateur ham radio operator or by a contracting business or utility to communicate with its employees, but shall not include a commercial communications antenna. This term includes any accessory supporting structures.

Any structure, mast, pole, tripod or tower, including any guy wires and braces utilized for the purpose of supporting an antenna or antennas.

An individual independent dwelling unit within a residential building.

The creation of multifamily dwelling units or apartments by converting an existing single-family detached dwelling without substantially altering the exterior of the building.

Equivalent Section 107 of the most recent version of the MPC.[3] (A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.)

Equivalent Section 107 of the most recent version of the MPC.[4] (Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.)

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

A continuous passageway parallel to and open to a street, open space, or building, usually covered by a canopy or permanent roofing, and accessible and open to the public.

An establishment primarily engaged in the display and retail sales of original and limited edition art works, but also may include on-site production of art works.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A building or part thereof housing persons, on a twenty-four-hour basis, who, because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse centers and convalescent facilities.) For purposes of this chapter, assisted living facilities shall not include halfway houses, group homes, social rehabilitation facilities, and alcohol and drug abuse centers. Assisted living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.

Equivalent Section 107 of the most recent version of the MPC.[5] (A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945.")[6]

An establishment that contains automated devices performing banking or financial functions, or postal and mailing related services which are operated by customers or patrons walking up to the device, but where drive-through facilities are permitted, the automated banking or postal facility may also be operated by those customers or patrons who remain in their automobile.

An establishment used for the storage, collection, baling, packing, sorting, handling, disassembling, recycling, resource recovery, purchase or sale of any material which has been used, salvaged, scrapped or reclaimed, but is capable of being reused in some form, including, but not limited to, metals, fiber, paper, cloth and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles which are inoperable and do not have a current and valid inspection sticker as required by the Commonwealth of Pennsylvania, and motor vehicle parts, but not including garbage or other organic wastes. No material which fails to meet this definition because it is discarded and incapable of being reused in some form shall be placed in any establishment as herein defined. In no zoning district shall this use be considered to be accessory or incidental to another use.

An establishment involving the indoor and/or outdoor display, sale, or rental of new and used motor vehicles, including cars, motorcycles, trailers, boats, heavy equipment and construction vehicles, mobile/manufactured homes, recreational vehicles and motor homes, trucks, other similar motor vehicles, and mobile/manufactured homes, and which may include washing and polishing of vehicles, major and minor mechanical repairs and body work, straightening of body parts, painting, welding, or rebuilding of transmissions, state inspections, oil changes and lubrications, and tune-ups conducted within a completely enclosed building or structure. Additionally, this use includes the dispensing or sale of gas/fuel for motor vehicles; the sale and installation of lubricants, tires, batteries; and similar vehicle accessories.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which is covering is attached.)

An establishment in which money is kept for savings or commercial purposes, investment purposes, supplied for loans, or exchanged, and that includes routine interactions with customers and/or patrons. A bank may also provide financial counseling, planning, and services related to money management, and include those establishments considered savings and loans and credit unions.

See "tavern/bar."

An owner-occupied or manager-occupied establishment within a single-family detached dwelling and/or the associated accessory structure, providing temporary, overnight lodging accommodations in sleeping rooms/units for transient guests and related meal service for compensation. Bed-and-breakfasts may also host accommodations for private events (e.g., weddings and conferences). Temporary, overnight lodging occurs within individual sleeping rooms/units which do not contain cooking facilities.

An establishment engaged in the sale and delivery of beer and ale, and similar alcoholic beverages, (e.g., malt liquor and wine coolers) in wholesale quantities to retail sellers, as well as retail sales to the public.

A mound of soil, either natural or man-made, used to obstruct views and attenuate sound, among other purposes.

Equivalent Article II of most recent version of Chapter 26 relating to water (stormwater management). (Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this ordinance. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this ordinance, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.)

Land surrounded on all sides by streets, measured at the right-of-way or other transportation or utility rights-of-way, or by physical barriers (e.g., bodies of water or public open spaces).

The edge of a block of lots sharing lot frontage on a street in common, and that is located between two intersecting streets.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.) A boardinghouse shall not include a use that meets the definition of a treatment center, hotel, motel, personal care home, bed-and-breakfast, group home, group care facility, long-term care facility, and/or similar-type group living use. A boardinghouse may involve the provision of meals to residents, but shall not include a restaurant open to the public.

A constructed or altered segment of the riverbank or shore used for the purpose of enabling a recreational boat to be placed into the water from a trailer or other apparatus used to transport or store the boat.

The Wormleysburg Borough Council also may be referenced as the "Borough Council." (See "governing body.")

A qualified, professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania, designated by Wormleysburg Borough Council to furnish professional and technical assistance for the administration of this chapter.

The licensed attorney licensed to practice in the Commonwealth of Pennsylvania, designated by the Wormleysburg Borough Council to furnish professional legal assistance for the administration of this chapter.

An open area of land that is located between two uses, and intended to mitigate negative impacts (e.g., visual, noise, airborne, etc.) of the more intense/dense use and/or zoning district on the less intense/dense use and/or zoning district.

An open area of land that is located between two uses, that is intended to mitigate negative impacts (e.g., visual, noise, airborne, etc.) of the more intense/dense use and/or zoning district on the less intense/dense use and/or zoning district, whose dimensions normally exceed, but may include where specified, the required building setback or yard requirements, and which is generally planted and may include required screening, and within which no building or structure shall be permitted except those used as part of required screening as otherwise provided for in this chapter.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (Any structure used or intended for supporting or sheltering, any use or occupancy.)

The administrative officer certified by the PA Department of Labor and Industry to manage, supervise, administer code enforcement activities, and issue building permits under the authority of the PA Uniform Construction Code pursuant to Chapter 5, relating to code enforcement, who is appointed by the Wormleysburg Borough Council.

The front exterior face, elevation, or wall of a principal building that is often facing the street rights-of-way, excluding alleys.

The sum total of the ground area of a site occupied by any building measured from the exterior face of exterior walls; this includes courts and decks or porches when covered by a roof.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridges for gable, hip and gambrel roofs. Roof air-conditioning equipment and other similar equipment are exempted so long as they do not exceed an additional height of six feet.

A line parallel to the front, side, and/or rear lot line, touching that part of the structure closest to said lot line.

Generally refers to the manner in which a building is positioned on a lot as described by the relationship between the front of the building and the front lot line (e.g., a front building facade parallel to the front lot line.)

A document signed by the Building Code Official, as required in Chapter 5, relating to code enforcement, as a condition that must be met prior to commencing with the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such building or structure complies with the provisions of Chapter 5 relating to code enforcement, and this chapter relating to zoning.

See "setback line."

A detached, subordinate building or structure, the use of which is customarily incidental and subordinate to that of the principal building, structure or otherwise principal use of the lot and which is located on the same lot as that occupied by the principal building, structure, or otherwise principal use of the lot.

A building connected to another building or structure via one or more common party wall(s).

A building surrounded by open space on the same lot.

The main or primary building or structure, the use of which is primary and essential to that of any accessory building, structure, or other accessory use of the lot and which is located on the same lot as any accessory building, structure, or other accessory use of the lot.

A structure providing temporary cover or protection, as from the weather, to riders waiting to board buses and other similar public transportation motor vehicles.

The diameter of a tree trunk measured at 4 1/2 feet from ground level.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration, and shall be structurally independent or supported by attachment to a building on one end by not less than one stanchion on the outer end.)

A roofed structure that is enclosed on not more than two sides and provides space for the parking of motor vehicles, and is accessory to a principal or accessory structure, unless it is attached to the building or structure, in which case it shall comply with all applicable principal or accessory structure standards of this chapter.

Equivalent § 22-301 of the most recent version of Chapter 22, relating to subdivision and land development. (Those improved portions of a street or alley within which vehicles are permitted, including travel lanes and parking areas, but not including shoulders, curbs, sidewalks or swales.)

An establishment involving the burial of and/or long-term interment of human or animal remains either in the ground or in structures (e.g., columbarium's, mausoleums, and entombments).

The certificate issued by a duly authorized Borough officer which permits the use of a building or structure in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit and/or zoning permit.

Any use that differs from the previous use of a structure or land.

Area of the community that has achieved a unique, recognizable, character that is different from neighboring areas. These differences may be the result of topography, age and style of housing and buildings, built environment, land use development patterns, landscaping, street patterns, open space, or streetscapes.

A structure containing one or more flues for drawing off emissions from stationary sources of combustion.

A triangular-shaped portion of land established at a street intersection in which nothing is permitted to be erected, placed, or planted, or allowed to grow in a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

An establishment where three or more full-time-equivalent licensed medical professionals who are authorized by law to examine, diagnose, and treat patients, including physicians, dentists, opticians, psychologists, and other similar medical personnel and vocations, examine and treat patients on an outpatient basis. Such a facility may also include a pharmacy, provided that such use has access only from the interior of the building or structure. This use shall not include overnight accommodation of patients. This use shall also include those establishments commonly known as "ambulatory surgical, urgent, and emergency centers" without overnight accommodations.

An organization catering exclusively to members and their guests and not the general public. Private clubs shall include but not be limited to, educational, fraternal, service, and political organizations, labor unions, and social and athletic clubs.

An establishment exclusively serving members and their guests, or premises or buildings that are used for social, recreational and administrative purposes, provided there are no vending stands, merchandising, or commercial activities except as required for the membership or fund-raising of such club. This use shall not include a bar, boardinghouse, nightclub, restaurant, or tavern open to the general public, or an auditorium, unless that particular use is permitted in that zoning district and the applicable requirements of that use are met, provided they are operated primarily to serve members and their guests. Private clubhouses and lodges shall not be construed to be a sexually oriented business and/or related use as defined in this Part 2 of this chapter.

An unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or plastic, used for protecting seedlings and plants from the cold.

The mounting of one or more WCFs, including antennas, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

An establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, amusement arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health and fitness club, miniature golf course, skating rink, shooting range, swimming pool, tennis courts, etc., when operated within a completely enclosed building or structure.

An establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building or structure, for the purpose of leisure-time activities, public recreation or entertainment (e.g., swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, and that may also include amusement rides or regular live entertainment). This use excludes a park, golf course, and an outdoor shooting range.

Any motor vehicle licensed by the Commonwealth of Pennsylvania as a commercial vehicle.

Equivalent Section 107 of the most recent version of the MPC.[7] (A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.)

An establishment used for noncommercial recreational, social, educational, and cultural activities, open to the public or a designated part of the public, owned or operated by a public or nonprofit group or agency.

An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or nonfood, ornamental crops (e.g., flowers) for personal or group use, consumption or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be used collectively by members of the group and may include common areas maintained and used by group members.

Capable of associating or blending with or being associated or blended because of sensitive, harmonious, agreeable, appropriate, or consistent combination with another or other.

The mixing of decomposing refuse matter for the purpose of creating fertilizer material.

The most recent version of the official public document prepared in accordance with the MPC,[8] consisting of maps, charts and textual material that constitutes decisions about the physical and social development of the Borough, as amended from time to time.

Equivalent Section 107 of the most recent version of the MPC.[9] (A use permitted in a particular zoning district pursuant to the provisions in Article VI.)

A form of ownership of real property, as defined in the Pennsylvania Uniform Condominium Act of 1980,[10] which includes a multiple-unit land development in which there is a system of separate ownership of individual units of occupancy and undivided interest of land and common facilities. For purposes of this chapter, the specific uses associated with a condominium shall be regulated by the applicable standards of this chapter regardless of the form of ownership.

In agreement; compatible.

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

The conditions and circumstances that are relevant to a setting, event, fact, etc.

Next to, abutting, or touching and having a boundary, or portion thereof, that is shared; to physically touch or border upon, or to share a common property line, but not overlap.

An age-restricted development or establishment that provides a continuum of accommodations and care, from independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee.

An establishment primarily engaged in the retail sale of frequently or recurring needed goods for household consumption, prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies and hardware; as well as the rental of videotapes, DVDs and video games, provided that a sexually oriented business and/or related use are specifically prohibited. The use also may include the on-site consumption of food and beverages, as well as the retail sale of fuel for passenger vehicles, oil, grease, automobile accessories, propane, and kerosene, and automatic car washing facilities.

A group of uses designed and constructed as an integrated development to serve those attending consumer trade shows, association conferences and meetings, sports shows, banquets, receptions and other similar functions.

An establishment primarily engaged in providing custom printing, photocopying, faxing, mailing, courier service and/or other similar business and office support services, along with accessory sales of materials and items related to copying and mailing.

The projecting horizontal element that tops a wall or flat roof.

An establishment primarily engaged in the on-site production, display, and sale of goods created on-site by hand manufacturing generally involving only the use of hand tools and/or other domestic mechanical equipment. Typical uses include painting and other media-art, ceramics, fabric crafts, candle-making, and jewelry manufacturing. All such production associated with this use shall occur within a completely enclosed building.

A harvestable product, including but not limited to herbs, fruits, flowers or vegetables, planted, grown, and cultivated in the soil.

The use of land for the tilling of the soil; the raising, maintenance, and cultivation of crops, and also including horticulture, apiculture, floriculture, viticulture, for personal, and generally noncommercial purposes.

A stone, concrete, or other improved boundary usually marking the edge of the roadway, access drive, or paved area.

The opening along the curb line at which point vehicles may enter or leave the roadway.

An establishment offering care or supervision of persons under the age of 16, special needs adults in lieu of care or supervision by family members, elderly persons (generally 62 years of age and older), mentally disabled, and/or physically handicapped persons who need such daily assistance because of their physical or cognitive disability or disease. This use shall not include persons who need oversight because of criminal and/or violent behavior. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person:

Plants that drop their leaves before becoming dormant in winter.

An elevated, open, exterior structure, platform, or floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports.

A restriction on the use of the land set forth in the deed or instrument of conveyance. Such restriction usually runs with the land and is binding upon subsequent owners of the property. The municipality is not responsible for enforcing a deed restriction, unless the restriction resulted from a condition or stipulation of the subdivision or land development approval process, and in which the municipality is a party.

The number of dwelling units or units of occupancy per acre of net lot area.

Pennsylvania Department of Environmental Protection.

Equivalent Section 107 of the most recent version of the MPC.[11] (Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.)

Includes the following:

Equivalent Section 107 of the most recent version of the MPC.[12] (The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this act shall mean the written and graphic materials referred to in this definition.)

A process whereby materials, goods, cargo, and products are received and stored by one entity and then delivered to another.

An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.

An establishment operated as a gainful business in which the care and supervision to more than one nonresident small domestic and usual household pet and/or animal (e.g., dogs and cats) occurs during any calendar day.

A projection from a sloping roof which contains a window.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.)

A business establishment, including an eating establishment, that offers refreshments, entertainment, goods or services to patrons, who purchase and/or consume such refreshments, entertainment, or services on the premises and outside of the building or structure, including patrons who may receive services, obtain goods, or be entertained while remaining in their motor vehicles.

A structure designed for providing goods and services to drivers and patrons who remain in their vehicles before and during the on-site activity.

A private drive, other than an access drive, providing vehicular access between a street or access drive and a parking area for not more than two residential units of occupancy.

A container, generally two or more cubic yards in capacity, for the disposing of refuse, whether generated by residential, nonresidential, or other use.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A building that contains one or two dwelling units, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.)

A building occupied and used by three or more families living independently of each other, wherein each dwelling unit shall contain private bath and kitchen facilities. Includes apartment homes/houses. See figure 2.1, Multifamily Dwelling Example – Plan View, and Figure 2.2, Multifamily Dwelling Example – Profile View.

–A building containing one dwelling unit occupied and used by one family, having at least one party wall in common with other single-family attached dwelling(s). For units having one party wall, there shall be one side yard, and for units having two party walls, there shall be no side yards (except on corner lots). Standards and regulations of this chapter shall apply to individual units, whether on a common lot or on individual lots. Includes townhomes/houses and row homes/houses. See figure 2.3, Single-Family Attached Dwellings Example – Plan View, figure 2.4, Single-Family Attached Dwellings Example Profile View, Figure 2.5, Single-Family Attached Dwellings (On 1 Lot) Example – Plan View, and Figure 2.6, Single-Family Attached Dwellings (On 1 Lot) Example – Profile View.

A building containing one dwelling unit occupied and used by one family, and having two side yards (except on corner lots). See Figure 2.7, Single-Family Detached Dwelling Example – Plan View, and Figure 2.8, Single-Family Detached Dwelling Example – Profile View.

A building containing one dwelling unit occupied and used by one family and having one party wall in common with another single-family semidetached dwelling building and one side yard (except on corner lots). See Figure 2.9, Single-Family Semi-Detached Dwelling Example – Plan View, and Figure 2.10, Single-Family Semi-Detached Dwelling Example – Profile View.

A building containing two dwelling units each occupied and used by one family, with one dwelling unit arranged over the other or beside the other, and having two side yards (except on corner lots). See Figure 2.11, Two-Family Dwelling Example – Plan View, and Figure 2.12, Two-Family Dwelling Example – Profile View.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation). For purposes of this chapter, "or more persons" shall specifically be limited to not more than one family.

A strip of land granted for limited use of property by the landowner for a public or quasi-public or private purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.

Projecting overhang at the lower border of a roof and extending from a primary wall or support.

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

An establishment for the maintenance, fueling, storage, dispatching, or parking of vehicles and/or equipment utilized for fire, emergency medical, and ambulatory services and related activities, other than those owned and/or operated by the Borough, and/or its authorized municipal authorities and/or agents. This use may include accessory housing for related personnel while on call.

The greatest number of workers, including both part-time and full-time, both compensated and volunteer, and both employees and contractors present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

An increase in the size of an existing structure or use, including physical size of the property, structure, building, parking, and other improvements.

The largest number of students under educational supervision at any one time.

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

The removal of surface materials by the action of natural elements.

The provision by public utilities, municipal, or other governmental units regulated by the Public Utility Commission (PUC) or other governmental agencies of underground or overhead gas, electrical, steam or water pipes, sewer and storm sewer facilities, and wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities, municipal, or governmental units or for the public health, safety or general welfare.

Any organization, including a business, whether private, public, governmental, social, or otherwise, together with its owners, directors, employees, members, merchandise, inventory, and equipment, founded for a specific purpose.

Plants having foliage that persists and remains green throughout the year.

Any act by which earth, sand, gravel, rock, or any other similar materials is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed. It shall include the conditions resulting therefrom.

An activity or use of land occurring on a lot or parcel as of the effective date of this chapter.

One or more persons related by blood, marriage, legal guardianship, licensed or court-appointed foster care, or legal adoption, who maintain one common household and reside in one dwelling unit; or no more than four persons who are not related to each other by blood, marriage, legal guardianship, licensed or court-appointed foster care, or legal adoption except persons possessing a handicap as set forth in "group home" and within the meaning of the Fair Housing Act [42 U.S.C. § 3602(h), or successor legislation] who reside in one dwelling unit and live and cook together as a single housekeeping unit shall be considered a family

An outdoor establishment used for the sale of raw agricultural and food products, and assorted new and used goods by vendors or auctioneers on a periodic basis.

Federal Communications Commission.

Any freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh, or masonry erected, intended and maintained; and/or hedges, "living fences" and other natural vegetation planted, intended and maintained; either, singularly, or in combination to provide screening or divide one property from another property or public street right-of-way; enclosing an area; helping assure privacy or protection; and/or to define and mark the property or lot line(s).

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

An establishment, excluding banks, savings and loans, and credit unions, where the principal business is the receipt, disbursement, or exchange of funds and currencies and includes those establishments considered pawn shops, payday lending, and check cashing businesses.

The elevation of the land surface of a site after completion of all site preparation work.

A structure, device, or appurtenance, including stairways, railings, ladders, etc. attached to the exterior of a building, erected for emergency exit in the event of fire.

See Chapter 8 relating to floodplains.

The sum total of all floor area space relegated to use by the customer and the retail employee to conduct retail sales, including the display area used to indicate the variety of goods available for customers, but not including office space, storage space, and other general administrative areas.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5 relating to code enforcement. (The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.)

See "habitable space" equivalent, Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.)

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (The actual occupied area not including unoccupied accessory areas, such as corridors, stairways, toilet rooms, mechanical rooms and closets.)

An establishment in which food is processed and/or prepared on the premises, and which may be sold and/or consumed on the premises. This term shall also include bakeries and catering establishments.

Equivalent Section 107 of the most recent version of the MPC.[13] (The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.)

Generally refers to the type of building or structure (e.g., two-story structure) and its architectural characteristics.

An establishment conducting embalming and cremation activities, which may include the viewing of the deceased and ceremonies connected therewith prior to burial or cremation, but not including cemeteries, columbariums, mausoleums, and entombments.

An accessory enclosed or covered space for the storage of one or more vehicles, provided that no business, occupation, or service is conducted for profit therein nor holds space therein, unless otherwise permitted elsewhere in this chapter.

Any garage other than a private garage that is used for parking or storage of motor vehicles.

The cultivation of herbs, fruits, flowers, or vegetables.

Equivalent Section 107 of the most recent version of the MPC.[14] (The council in cities, boroughs and incorporated towns; the board of commissioners in townships of the first class; the board of supervisors in townships of the second class; the board of commissioners in counties of the second class through eighth class or as may be designated in the law providing for the form of government.) For purposes of this chapter, the governing body shall be the Wormleysburg Borough Council See also "borough council."

Any establishment, use, facility, and/or structure owned and/or operated by a government, government agency or government authority for valid public health, public safety, public welfare, or similar governmental purpose other than the Borough, its municipal authorities, and/or authorized agents. This term shall not include permitted uses defined, listed, and/or regulated separately elsewhere in this chapter.

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

A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.

An establishment providing shelter, counseling, and other rehabilitative services in a family like environment for at least nine but fewer than 15 residents, plus such minimum supervisory personnel as may be required to meet licensing standards of the Commonwealth of Pennsylvania, specifically the Pennsylvania Department of Public Welfare. Residents may not be legally related to the facility operators or supervisors and, by reason of physical, mental, or developmental disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimum level of supervision but do not require medical or nursing care or general supervision.

A dwelling inhabited by not more than eight handicapped persons, as identified and provided for by the Fair Housing Act[15] and this chapter. This definition does not include persons occupying a hotel, motel, bed-and-breakfast, halfway house, boardinghouse, treatment center or institution. A group home involves persons functioning as a common household unit, providing nonroutine support services and oversight to persons who need such assistance to avoid being placed in an institution because of physical, mental, or developmental disability, or old age, or individuals who meet the definition of "handicap," as defined by applicable federal law. (NOTE: The Federal Fair Housing Act amendments define "handicap" as follows: "1) a physical or mental impairment which substantially limits one or more of such person's major life activities; 2) a record of having such an impairment; or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans with Disabilities Act (ADA)[16] to address certain situations related to substance abuse treatment.) For the purposes of this chapter, group homes shall be permitted and regulated as single-family detached dwellings.

A noninstitutional living arrangement with treatment and support services for persons with substance abuse problems or for inmates and parolees approaching parole release date or release from a corrections institution. The halfway house operates under the rules and regulations of the Pennsylvania Department of Health or Department of Corrections or similar authorities. The residents are provided full-time supervision and counseling on employment, vocations, finances and community living.

Materials which are classified by the U.S. Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP), or the Borough of Wormleysburg as having the potential to damage health or impair safety. Hazardous materials include but are not limited to inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, arsenic and their common salts, lead, coal tar acids, such as phenols and cresols and their salts, petroleum products, and radioactive material. Also included are floatable materials with the potential to cause physical damage, such as logs, storage tanks, and large containers, located in flood-prone areas.

Any substance classified by the EPA, the DEP, or the Borough of Wormleysburg as having the potential to damage health or impair safety, including garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or any combination of the above which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:

An establishment, facility, or group of structures, aboveground or underground storage tanks, or any other area, structures, or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Borough.

The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (An area of land or water or structural surface that is used, or intended for the use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport building or other heliport facilities.) Heliports shall be licensed by the FAA and/or PennDOT.

Unless specifically defined elsewhere in this Part, the following words and phrases when used in Part 6 of this chapter relating to the Heritage Conservation Overlay Zoning District (HCO), shall have the meaning given to them in this subsection unless the context clearly indicates otherwise:

An establishment providing for the sale of materials, products, and supplies for home improvement, lawn, and garden, lumber, and other similar building materials and products, including hardware stores.

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling.

A structure made of piping or other material covered with translucent plastic, constructed in a "half-round" or hoop shape.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (Buildings or portions thereof used on a twenty-four-hour basis for the medical, psychiatric, obstetrical or surgical treatment of inpatients that are incapable of self-preservation.) A hospital shall be licensed as such by the Commonwealth of Pennsylvania. The term "hospital" shall not include any facility which houses the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.

An establishment providing temporary, overnight lodging accommodations for transient guests for compensation, in sleeping rooms/units that each have separate access to a common interior corridor and which may provide additional supporting services (e.g., restaurants, meeting rooms, recreation facilities, and living quarters for a resident manager or proprietor).

Persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

See "lot coverage."

Equivalent Article II of most recent version of Chapter 26, relating to water (stormwater management). A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to, roofs used to cover indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets or sidewalks. Decks, parking areas, and driveway areas are not counted as impervious areas if they allow for infiltration.)

A body of water (e.g., pond) confined by a dam, dike, floodgate, or other barrier.

Equivalent Section 301 of the most recent version of Chapter 22 relating to subdivision and land development. (Any man-made immovable item which becomes part of, is placed upon, or is affixed to, real estate.)

Incapable of associating or blending with or of being associated or blended with another or other because of insensitivity, disharmony, inappropriateness, unsuitability, or incongruity.

The manufacturing, compounding, processing, assembly, or treatment of materials, articles, or merchandise.

Development of land within the Borough accessible to infrastructure that is generally surrounded by development and has been bypassed, remained vacant, and/or is underused.

A vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that shall be without a valid current registration and valid current certificate of inspection, or any vehicle in a major or severe state of disrepair.

Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or other use or disposition.

Includes any vehicle or trailer that meets any of the following conditions:

An establishment in which three or more animals are kept, boarded, raised, bred, treated, or sold as a gainful business whether or not licensed through the Department of Agriculture, in accordance with the Pennsylvania Code, Title 7, Chapter 21, as amended or revised. For the purpose of this definition, the production of more than two litters in any calendar year shall be considered a commercial kennel business. This use shall also include an establishment providing obedience training, behavior modification training, and/or specialized skill training services to animals, dogs, and their owners or handlers.

Equivalent Section 301 of the most recent version of Chapter 22, relating to subdivision and land development. (Any of the following activities:

Equivalent Section 107 of the most recent version of the MPC.[18] [The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.]

An establishment engaged in supplying, on a rental or contract basis, laundered items, including:

A contractual agreement for the use of lands, structures, buildings, or parts thereof for a fixed time and consideration.

An establishment in which literary, musical, artistic or reference material (e.g., books, manuscripts, recordings or films) are kept for use but generally not for sale.

Unless specifically defined elsewhere in this chapter or in the Codified Ordinances of the Borough of Wormleysburg, the following words and phrases when used in this chapter relating to the outdoor lighting and other performance standards set forth in Part 7 of this chapter relating to Performance Standards for All Uses shall have the meaning given to them in this subsection unless the context clearly indicates otherwise:

Defined by the Liquor Code, 47 P.S. § 1-101 et seq.

Large animals and/or farm animals, including, but not necessarily limited to the following: horses, ponies, donkeys, mules, cattle, sheep, goats or swine, but also including poultry. For the purposes of this chapter, livestock shall not be considered household pets.

A continuous hedgerow of living plant material planted, intended, and maintained for the purpose of screening or dividing one property from another property or public street right-of-way; enclosing an area; helping assure privacy or protection; and/or to define and mark the property or lot line(s).

Equivalent Section 202 of the most recent version of the IRC as part the most recent version of Chapter 5, relating to code enforcement. (Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.).

Except as otherwise provided in Part 9 of this chapter relating to Loading and Unloading Standards, an off-street loading/unloading space upon an area of land, open or enclosed, other than a street right-of-way, excluding alleys, used primarily for the standing, loading or unloading of motor trucks, tractors and trailers, and/or other service vehicles so as to avoid undue interference with the public use of streets, excluding alleys.

See "nursing homes" equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (Nursing homes are long-term care facilities on a twenty-four-hour basis, including both intermediate care facilities and skilled nursing facilities, serving more than five person and any of the persons are incapable of self-preservation.) A long-term care facility shall be licensed as such by the Department of Health of the Commonwealth of Pennsylvania.

Equivalent Section 107 of the most recent version of the MPC.[19] (A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.)

A way or means of approach to provide vehicular access to a property.

The area contained within the property lines of the individual parcel of land, including the area of any utility easement or stormwater management facility, but excluding space within the street right-of-way.

That portion or percentage of the lot area covered by impervious surface. See "impervious lot coverage."

That portion of a lot abutting on the street right-of-way, excluding alleys, and regarded as the front of the lot.

A line that separates a lot from another lot or from a street or any other public or private space.

The lot line separating a lot from the ultimate street right-of-way, excluding alleys. In the case of a corner lot abutting a street right-of-way on more than one side, there shall be two front lot lines, one side lot line and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise it shall be the lot line opposite the lot line along the street of address.

The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. A corner lot shall have two front lot lines and one side lot line, and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise it shall be the lot line opposite the lot line along the street of address.

Any lot line other than a front or rear lot line. A corner lot shall have two front lot lines and one side lot line, and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise it shall be the lot line opposite the lot line along the street of address.

A lot which is a part of a subdivision, the plan of which was recorded, or a parcel of land, the deed of which was recorded in the office of the Cumberland County Recorder of Deeds prior to the adoption of this chapter.

The horizontal distance between the side lines of a lot, measured either at the front lot line (lot frontage), or at the front building setback line, as specified in the applicable zoning district.

A lot at the junction of and abutting on two or more intersecting streets, excluding alleys, or at the point of abrupt change of a single street, where the interior angle is less than 135° or the radius of the street line is less than 10 feet. A corner lot shall have two front lot lines and one side lot line, and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise it shall be the lot line opposite the lot line along the street of address. See Figure 2.13, Typical Lots.

The horizontal distance measured between the street right-of-way and the closest rear property line on a corner and reverse frontage lot, the depth shall be measured from the street right-of-way line of the street address to the directly opposite property line.

An interior lot that abuts two or more parallel or nonintersecting streets, excluding alleys, generally at the front lot and rear lot lines. See Figure 2.13, Typical Lots.

A lot whose side lot lines do not abut upon any street, excluding alleys; a lot other than a corner lot. Lots abutting and bounded by one street, two alleys, and one other lot shall be considered interior lots. See Figure 2.13, Typical Lots.

An interior through or double frontage lot that is not accessible from one of the parallel or nonintersecting streets upon which it abuts and fronts. See Figure 2.13, Typical Lots.

A function involving either the processing, conversion or production of materials, goods, or products.

A facility providing a boat dock and launch and which may include facilities for renting, storing, servicing, fueling, berthing and securing boats as well as eating and retail facilities and the sale of fuel.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A permanent roofed structure attached to and supported by the building and that projects into the public right-of-way.)

Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations.

Generally refers to the scale of a building or structure in relationship to those in vicinity of it (e.g., on abutting or adjacent lots, or neighborhood).

The average of a series of figures computed by adding up all the figures and dividing by the number of figures.

The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, oil, gas, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.

Equivalent Section 107 of the most recent version of the MPC.[20] (Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.)

See "self-service storage facility" equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.)

Occupancy of a structure or land by more than one use, generally permitted nonresidential and permitted residential uses, as permitted in the applicable zoning district.

The development of a tract of land, or structure with a variety of complementary and integrated uses.

See "manufactured home"; equivalent Section 401 of the most recent version of the PA UCC. Under section 901(a) of the act [35 P.S. § 7210.901.(a)], housing which bears a label as required by and referenced in the Manufactured Housing Act (35 P.S. §§ 1656.1 through 1656.9), certifying that it conforms to federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 through 5426). See also "mobile home" equivalent Section 107 of the most recent version of the MPC.[21] (A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation) except "mobile home" shall be considered "manufactured/mobile home."

See "mobile home park" equivalent Section 107 of the most recent version of the MPC.[22] (A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home) except "mobile home" shall be considered "manufactured/mobile home."

That part of an individual mobile/manufactured home space that has been reserved for the placement of a mobile/manufactured home and appurtenant structures and connections.

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

An establishment providing temporary, overnight lodging accommodations for transient guests for compensation, in sleeping rooms/units that each have separate access directly to the outside and which may provide such additional supporting services as restaurants, recreation facilities, and living quarters for a resident manager or proprietor.

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.O. 805, No. 247, as amended and reenacted, also referred to as the "Municipalities Planning Code," "PA MPC," and/or "MPC" in this chapter.[23]

Any establishment, use, facility, and/or structure that is owned and/or operated by the Borough, its municipal authorities, and/or authorized agents.

An establishment where objects of artistic, historical, or scientific importance or interest are kept, studied, and displayed.

Any new activity or use of land, structure, or building on a lot or parcel that was not occurring as of the effective date of this chapter.

An establishment that may offer the on-site consumption of alcoholic or nonalcoholic beverages and where music, dancing, and/or live entertainment as part of the operations. For the purposes of this definition, "live entertainment" is also meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs offering the sale of alcohol shall be considered a bar/tavern and must comply with all provisions and standards for bars/taverns as defined and regulated in this chapter. "Nightclub" includes an "under 21" club which features entertainment. Nightclubs shall not be construed to be a sexually oriented business and/or related use as defined in this Part 2 of this chapter.

See "no-impact home-based business" equivalent Section 107 of the most recent version of the MPC.[24] A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

Wireless communications facilities co-located on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flagpoles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

See "nonconforming lot" equivalent Section 107 of the most recent version of the MPC.[25] (A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.)

See "nonconforming structure" equivalent Section 107 of the most recent version of the MPC.[26] (A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.)

See "nonconforming use" equivalent Section 107 of the most recent version of the MPC.[27] (A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.)

A temporary storage (surface or structure) for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated right-of-way, and is located upon the same lot as a principal use or, in the case of joint parking, within close proximity.

An establishment where patients are admitted on an outpatient basis for examination and treatment by not more than two full-time-equivalent licensed medical professionals who are authorized by law to examine, diagnose, and treat patients, including physicians, dentists, opticians, psychologists, other similar medical personnel and vocations. Such an establishment shall not have overnight accommodations or a pharmacy, and shall include such uses as reception areas, offices, consultation rooms, and x-ray, provided that such uses have access only from the interior of the building or structure.

An establishment in which one or more persons are employed in the management, direction or conducting of business/commerce and whose staffs/employees serve clients who seek advice and consultation regarding business/commerce. A business office may include the administrative, corporate or professional offices for profit, nonprofit or charitable organizations, but also includes contractors, real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, lawyers, clergy, teachers, architects, engineers, landscape architects, planners, interior designers, insurance agents, and similar office-oriented uses.

A temporary storage (surface) for a motor vehicle within a dedicated right-of-way, excluding alleys.

Not transparent or translucent; impenetrable to light; not allowing light to pass through, measured by the observation of any two-square-yard area lying between one foot above the established grade of the area to be concealed and the top or the highest point of the required screen; if otherwise not specified, shall be six feet. See Figure 2.14, Typical Opacity Example.

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests.

Open space held in private ownership, the use of which is normally limited to the occupants of a single dwelling or building.

Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

A portion of an establishment which includes an exterior seating area associated with a food services, restaurant, tavern/bar, or other similar establishment.

An illumination source outside any building or structure, including but not limited to an incandescent bulb, LED, or mercury-, sodium- or neon-filled bulb, and the hardware containing the illumination source and supporting it. Lighting fixtures underneath a roof of an open-sided building, including but not limited to storage sheds, canopies, and gas/fuel pump marquees, are deemed to be outdoor lighting.

The keeping, in an unenclosed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours, where said items are retained for direct use by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility.

The display and sales of products and goods primarily outside of an enclosed building or a structure.

A zoning district that encompasses one or more underlying or base zoning districts and that imposes additional or supplemental requirements and standards other than those which are required by the underlying or base zoning district(s).

A use of land, which may include accessory buildings and structures, for active and/or passive outdoor recreation for the purpose of pleasure, leisure, fellowship, or exercise, commonly involving a sporting activity, camping, hiking, jogging, bicycling, swimming, picnicking, and other related activities, which is open to the public. A park may include amenities such as ball fields, tennis courts, trails, playground equipment, restrooms, picnic tables, cooking grills, and similar facilities. For purposes of this chapter, parks shall not include improvements for or permit uses that are considered to be commercial recreational uses.

A public or private lot, building or structure that is designed and used for the temporary off-street storage and parking of passenger vehicles. This use shall include surface parking lots and parking structures, including buildings and decks.

Any area of a lot used for off-street parking facilities, providing for the transient storage of automobiles and other motorized and nonmotorized vehicles.

Except as otherwise permitted in Part 9 of this chapter, either a covered garage space or uncovered, improved and stabilized space located outside of the public street right-of-way for the transient storage of automobiles, and other similar motor vehicles.

A building or structure where passenger vehicles may be stored for temporary off-street parking, including decks and buildings.

Joint use of a parking compound by more than one use and/or owner.

A common shared wall between two separate structures, buildings, or dwelling units.

See "terrace."

A specified easement, walkway, path, sidewalk, or other reservation which is designed for and used exclusively by pedestrians.

A use that is allowed and in which case zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of this chapter.

Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Borough, or to any department or agency of the Borough.

An establishment defined and licensed by the Pennsylvania Department of Public Welfare in accordance with Title 55 of the Pennsylvania Code, Chapter 2620. A personal care home is 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, and who do not require the services in or of a licensed long-term-care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. A halfway house shall not be considered a personal care home.

See "assisted living facility."

An establishment where service-oriented activities for personal needs are provided to the general public, but which do not primarily involve retail sales of goods or professional advisory services. Such activities shall include and be similar to barbershops and beauty shops/salons; health spas; photographic studios; small home appliance repair, including radios and televisions; repair shops for tools, bicycles, guns, locks, shoes and watches; tailor, dressmaking, and upholstering shops; individualized tutoring and teaching; and household pet/small animal grooming/washing with no overnight boarding. Personal service establishments shall not be construed to be a sexually oriented business and/or related use as defined in this Part 2 of this chapter.

Equivalent Article II of the most recent version of Chapter 26, relating to water (stormwater management). (Any area not defined as impervious area.)

See "religious worship, place of space" equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. (A building or portion thereof intended for the performance of religious services.) For purposes of this chapter, "places of worship" also includes all buildings, structures, and uses customarily associated with such principal use, including but not limited to rectories, convents, schools, day care facilities, meeting and food service facilities, cemeteries, columbariums, mausoleums, etc. Includes synagogues, temples, mosques, or other such places for worship and religious activities.

An establishment primarily engaged in retailing nursery and garden products (e.g., trees, shrubs, plants, seeds, bulbs, mulch, and sod) that are predominantly grown off the premises, but such an establishment may sell a limited amount of a product grown on the premises.

Equivalent Section 107 of the most recent version of the MPC.[28] (The map or plan of a subdivision or land development, whether preliminary or final.)

A man-made body of inland water made by construction of a dam or embankment, or by excavating a pit or dugout, other than a stream or lake.

A roofed (covered) open area, other than a stoop, providing shelter and shade, attached to or part of and with direct access to or from a building, which creates space for a sociable transition from the public sidewalk/street or adjacent property to the building to which it is attached.

An establishment operated by the U.S. Postal Service, where mail is received, sorted, and delivered, and where stamps and other postal materials are sold.

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or are otherwise of limited marketability or value.

Not publicly owned, operated, or controlled.

A function that involves only the cleaning, sorting, sizing, or packaging, or any combination thereof, of products.

Equivalent Section 107 of the most recent version of the MPC.[29] (Includes:

Equivalent Section 107 of the most recent version of the MPC.[30] (A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action, in accordance with this act.)

Owned, operated or controlled by a government agency (e.g., federal, state, county, and local), including its authorized agent or corporation created by law for the performance of certain specialized governmental functions, or any public school district.

Equivalent Section 107 of the most recent version of the MPC.[31] [A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).]

Equivalent Section 107 of the most recent version of the MPC.[32] (Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.)

A street ordained or maintained or dedicated and accepted by a borough, city, township, county, state, or federal government and open to public use.

An establishment involving the erection, construction, alteration, operation or maintenance of buildings, power plants, towers, substations, water treatment plants, sewage treatment and/or disposal plants, public transportation and road maintenance facilities, and other similar public service structures by a utility, whether publicly or privately owned, or by government agency other than the Borough of Wormleysburg, its authorities or authorized agents, including the furnishing of electrical, gas, communications, water supply and sewage disposal services.

Any activity, whether structured or not, in which individuals voluntarily engage during their leisure, including but not limited to:

Any area developed in such a manner as to be conducive to those activities that fall within the range of active recreation. Examples: athletic fields and hard-surfaced courts, pools, large dams, bicycle and walking trails, open turf areas, and apparatus areas.

Any area developed in such a manner as to be conducive of those activities that fall within the range of passive recreation. Examples: scenic vistas, natural areas, craft areas, meeting areas, sitting areas, walkways, sunbathing areas, gardens, streams and impoundments, social events, picnicking, and spectating areas.

Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, or fields.

The area of land suitable for the development of specific active recreation facilities for leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields, including but not limited to baseball fields, soccer fields, football fields, tennis, basketball and other court games, hockey facilities, multipurpose fields and community swimming pools.

Activities that involve relatively inactive or less energetic activities (e.g., walking, sitting, picnicking, card games, checkers, and similar table games).

A motor vehicle that is self-propelled or towed and that is designed to be transported along public streets to serve as a mobile temporary residence. For the purposes of this chapter, the term shall also include towable utility and cargo trailers.

An establishment where common household or office-related waste materials and items which are readily recyclable (e.g., glass, aluminum, cardboard, and/or paper) are deposited and temporarily stored, at a location other than the site where they were generated, and which facilitates the bulk transfer of accumulated recyclables to a facility for further processing.

Public and/or private investment made to recreate the fabric of an area or neighborhood by renovating previously developed land. Replacing, remodeling, or reusing existing buildings and structures to accommodate new development within the context of existing streets.

Any establishment which carries on investigations, testing, and experimentation in the natural, physical, technical, or social science or engineering and development as an extension of such investigation with the objective of creating end products.

An establishment that provides food and drink to patrons and that routinely involves the consumption of at least a portion of such food and drink on the premises. A restaurant may include the accessory sale of alcoholic beverages, and carryout and delivery services.

An establishment which sells goods or merchandise to the general public for personal and household consumption and provides accessory repair services for goods or merchandise that is similar to that which is sold on the premises and render services incidental to the sale of such goods. Retail businesses shall not be construed to be a sexually oriented business as defined in this Part 2 of this chapter.

Any freestanding and uninhabitable structure principally constructed of masonry, concrete, stone, cinder block or similar materials, or in combination, erected between lands of different elevations to protect structures and/or prevent erosion.

A planned development designed to meet the needs of, and exclusively for, the residence of senior citizens.

A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water line, sanitary or storm sewer, and other similar uses, whether public or private.

A facility or use which, by its nature, is required to be on or adjacent to a river.

See "street."

An accessory structure which primarily involves the retail sale of agricultural and/or garden products (e.g., fresh fruits, vegetables, herbs, flowers or plants) produced on site or on property contiguous to the property on which they are offered for sale during the harvesting season.

The amount of vertical rise a roof has compared to the horizontal run measurement of the roof.

A concave, parabolic or dish-shaped antenna, or any other apparatus or device that is designed for the purpose of receiving electromagnetic, digital, or other-type of signal, including video programming signals from direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), and television broadcast stations (TVBS).

An establishment offering education or instruction in any branch of knowledge.

Any school conducted for profit for such instruction as business, art, drama, music, handicraft, dancing, and other similar-type low-impact uses conducted within a completely enclosed building.

Any public, sectarian, or private nonprofit establishment approved by the Commonwealth of Pennsylvania offering formal academic instruction and services for state-required or largely state-funded programs at the kindergarten, elementary, and secondary levels. This term shall not include those uses considered commercial schools.

Same as a public or private school, except that the primary activity is training in a trade or vocation, which may be conducted wholly or partially outside of an enclosed structure. This term shall not include those uses considered commercial schools.

A vegetative material of sufficient height and density to conceal from view uses and and/or structures on the premises on which the screen planting is located from occupants on abutting or adjacent properties.

A barrier between adjacent properties, uses, and/or zoning districts composed of a mixture of landscaping, trees, beams, shrubs, fences, walls and/or other similar-type materials, that is intended to mitigate negative impacts (e.g., visual, noise, airborne, etc.) of the more intense/dense use and/or zoning district on the less intense/dense use and/or zoning district.

Equivalent of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement.

The required horizontal distance between a required setback line and an abutting lot line or street right-of-way line, as applicable.

The line within a property that shall define the required distance between a use, structure, and/or building and the abutting right-of-way line, or front, rear, and side lot lines and that establishes the area in which said use, structure, or building must be established, erected, and/or placed. In the case of lot where a front and/or rear lot line does not coincide with a recorded right-of-way (e.g., landlocked lots, lots with substandard access easements, etc.), the setback line(s) shall be measured from the applicable property line(s) closest to the associated recorded right-of-way or ultimate right-of-way.

Unless specifically defined elsewhere herein or in the Codified Ordinances of the Borough of Wormleysburg, the following words and phrases when used in this chapter relating to the sexually oriented businesses and/or related uses shall have the meaning given to them in this subsection below, unless the context clearly indicates otherwise:

An enclosed structure not intended for residential occupancy, which is accessory to the principal use of the property and is typically used to store personal and household property.

A mixed-use development with any combination of business, nonresidential establishments, and other related establishments that are permitted within the applicable zoning district, in a single building or in separate buildings that are planned, constructed and managed as a total entity. All general shopping centers shall be located in a complex that is planned, designed, developed, owned or managed as a single unit with internal vehicle circulation (public or private) off-street parking and loading provided on the property. Provisions for goods delivery separated from customer access, pedestrian access, aesthetic considerations and protection from the elements and landscaping and signage in accordance with an approved land development plan complying with Township ordinances.

A mixed-use development with any combination of business, nonresidential establishments, and upper floor accessory residential uses that are permitted within the applicable zoning district, in a single building or in separate adjacent buildings that are planned, constructed and managed as a total entity. All town shopping centers shall be located within a single building or in a complex that is planned, designed, developed, owned or managed as a single unit. Provisions shall be made for coordinated goods delivery, pedestrian access, aesthetic considerations, landscaping and signage.

A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

That portion of the right-of-way that lies between the edges of the right-of-way line and curbline, regardless of whether the sidewalk exists.

The length of road visible to the driver of a vehicle at any given point in the road when viewing is unobstructed by traffic.

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

An accurately scaled development plan that illustrates the existing conditions on a land parcel and depicts details of a proposed development.

Professionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term-care nursing facility or an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity.

The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed by a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

A wireless communications facility that meets each of the following criteria.

An alternative energy system which includes any solar collector consisting of one or more cell(s), panel(s), or array(s) designed to collect and convert solar power into another form of energy (e.g., electricity or heat) and other structures and buildings used in the conversion, storage, and distribution, including electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

An establishment where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include an automobile wrecking, junk, and scrap storage and sales establishment; leaf composting; clean fill or septage or sludge application.

Equivalent Section 107 of the most recent version of the MPC.[33] (A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX.)

A paved surface designed to accommodate a motor vehicle waiting for entry to any drive-in facility or other similar auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed.

Camouflaging methods applied to wireless communications facilities and accessory equipment, 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.

A roofed (covered) or unroofed (uncovered) open area, other than a porch, constructed of concrete or masonry, providing direct access to and from a building.

Equivalent Section 202 of the most recent version of the IBC as part the most recent version of Chapter 5, relating to code enforcement. [That portion of a building included between the surface of a floor and the upper surface of the floor or roof next above (also see "basement," "mezzanine" and Section 502.1). It is measured as the vertical distance from top to top of two successive tier of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters.]

A watercourse, other than a lake or pond, having a source, terminus, banks, and channel through which waters flow at least periodically.

A stream carrying water during the wet seasons.

A stream that is present during all seasons of the year.

Equivalent Section 107 of the most recent version of the MPC.[34] (Includes streets, avenues, boulevards, roads, highways, freeways, parkways, lanes, alleys, viaducts and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.) Streets shall conform to one of the following categories:

A line defining the edge of a street right-of-way and separating the street from an abutting property or lot. The street line shall be the same as the legal right-of-way line, or the ultimate right-of-way line.

Equivalent Section 107 of the most recent version of the MPC.[35] (Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.)

The vertical distance of a structure, other than a building, measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.

A structure customarily incidental and subordinate to and detached from the principal structure on the same lot, the use of which is customarily incidental to that of the principal structure on the lot. An accessory structure shall exclude any vehicle as defined by the Pennsylvania Motor Vehicle Code.[36]

The main, primary, or predominant structure on a given lot, tract, or parcel.

A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

An individual registered for instruction at a school, within a given calendar year.

Equivalent Section 107 of the most recent version of the MPC.[37] (The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.)

Equivalent § 23-101 of the most recent version of Chapter 23, relating to swimming pools. (Any artificially constructed portable or permanent swimming pool, either above or below the surface of the ground, designed to hold water and to be used for the purposes of a swimming pool either for wading, bathing or swimming purposes. Further, a swimming pool, either aboveground or in-ground, shall mean such pools having sidewalls greater than two feet or having a water surface area greater than 100 feet. A swimming pool shall not include any structure of solid material either above or below the surface of the ground having a water surface less than 100 square feet even if permanently equipped with water-circulating system or involving material such as a jacuzzi or hot tub. The term "swimming pool" shall include an aboveground swimming pool, as hereinafter defined, and an in-ground swimming pool, as hereinafter defined.) For purposes of this chapter, ornamental ponds, stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

An establishment which serves primarily alcoholic beverages for mostly immediate on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, but may also include the incidental sale of food. Taverns and bars shall not be construed to be a sexually oriented business and/or related use as defined herein.

By virtue of engineering or spectrum usage, the proposed placement for a small wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless communications facility.

A tract or parcel of land that contains a telecommunications antenna and its support structure, but may also include accessory telecommunications equipment building, parking, telecommunications tower, and other uses and equipment associated with and ancillary to telecommunications signal transmission or processing.

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizens band radio antennas.

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

A structure other than a building (e.g., monopole, self-supporting or guyed tower) designed and used to support telecommunications antenna.

A level, landscaped, and/or surfaced area, also referred to as a "patio," directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.

An establishment with a building or portion thereof devoted to the showing of moving pictures or theatrical productions on a commercial basis.

An establishment upon an open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles, or on outdoor seats.

Defined by the Massage Therapy Law, Act 118 of October 9, 2008, as amended, 63 P.S. § 627.1 et seq., from the Pennsylvania State Board of Massage Therapy, the Bureau of Professional and Occupational Affairs.

An establishment where massage therapy services are provided by a person having a valid license in accordance with the Massage Therapy Law, Act 118 of October 9, 2008, as amended, 63 P.S. § 627.1 et seq., from the Pennsylvania State Board of Massage Therapy, the Bureau of Professional and Occupational Affairs. Therapeutic massage establishments shall not be construed to be a sexually oriented business and/or related use as defined in this Part 2 of this chapter.

That part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products; includes tree harvesting and logging.

Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.

A use, other than a prison or a hospital, providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:

The distance measured from the highest point of the wind turbine rotor plane to the ground level.

Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building or structure.

The statewide Building Code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Pennsylvania Department of Labor and Industry; applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

An allocation of space within a building or structure that is independent of other such space and that constitutes a separate use. This shall include both fee simple ownership and leaseholds.

An educational establishment, authorized by the Commonwealth of Pennsylvania as such to award associate, baccalaureate or higher degrees, including, principal uses for classrooms, libraries, auditoriums, gymnasiums, stadiums, administrative offices, dormitories and dining facilities, boardinghouses, maintenance and operating facilities as well as ancillary uses (e.g., research facilities, retail services and businesses) that support student, faculty and staff needs.

The specific purpose or activity for which land and/or structures are designed, arranged, or intended, occupied, and/or maintained.

A use customarily incidental and subordinate to the principal use or the principal structure and located on the same lot with such principal use or principal structure. If no principal use or principal structure exists on a lot with an accessory use, then such accessory use shall only be considered a principal use.

The main, primary, or predominant use of any lot, tract, parcel of land, or structure.

A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

A line built and maintained in order to transport materials, utilities or services by underground or aboveground means, including gas, electric, oil, cable, water, sewage, telephone, fiber-optic cables, stormwater, computer lines, and other lines.

A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for co-location. The term includes the vertical support structure for traffic lights but does not include utility poles or horizontal structures to which signal lights or other traffic control devices are attached.

Equivalent Section 107 of the most recent version of the MPC.[38] (Relief granted pursuant to the provisions of Articles VI and IX.)

An area covered with a vegetative material, including grass, shrubs, vines, trees, and other landscaping.

A qualified professional trained in the care and treatment of animals.

An establishment used primarily for the treatment, by a veterinarian, of small animals and household pets. No outdoor keeping or boarding of animals is permitted.

Any freestanding and uninhabitable structure principally constructed of masonry, concrete, stone, cinder block or similar materials either, singularly, or in combination, to provide screening or divide one property from another property or public street right-of-way; enclosing an area; helping assure privacy or protection; and/or to define or mark the property or lot line(s).

An establishment used primarily for the indoor storage and handling of products, supplies, or equipment, but not including the maintenance or fueling of commercial vehicles.

An establishment involving the storage, wholesale and/or distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create a hazard or commonly recognized offensive condition, and also excluding any heavy equipment or truck washing, servicing and/or repair, unless such uses are specifically permitted in that zoning district. Wholesaling of products, supplies and equipment shall not be open to or accessible by the general public, unless incidental to the principal warehousing operation.

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

Equivalent Article II of the most recent version of Chapter 26, relating to water (stormwater management). (Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, and similar areas.)

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

A wind energy system direct-current generator used for charging storage batteries.

A wind energy system that supplies energy primarily for off-site/off-premises use.

A device (e.g., wind charger, wind turbine, or other electric generation facility) designed to convert wind power into another form of energy (e.g., electricity or heat) and which consists of one or more wind turbines and other structures and buildings, including meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

A device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.

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

An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services.

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).

An unoccupied and unobstructed open space of land between the building line of permitted structures and the adjoining lot line.

The yard area extending across the full width of the lot and contained between the building line of the principal structure and the front lot line or street line, excluding alleys, measured perpendicular to the building line of said structure at the closest point to the front lot line. Corner lots shall have two front yards. See Figure 2.17, Typical Setbacks and Yards, Interior Lots, and Figure 2.18, Typical Setbacks and Yards, Corner Lots.

The yard area extending across the full width of the lot and contained between the building line of the principal structure and the rear lot line, which may include street lines created by alleys, measured perpendicular to the building line of said structure at the closest point to the rear lot line. Corner lots shall have one rear yard, extending from the applicable front yard to the side lot line as well as from the rear lot line to the side yard. See Figure 2.17, Typical Setbacks and Yards, Interior Lots, and Figure 2.18, Typical Setbacks and Yards, Corner Lots.

The yard area(s) extending from the front yard to the rear yard and contained between the building line of the principal structure and any side lot line(s), measured perpendicular to the building line of said structure at the closest point to the nearest side lot line. Corner lots shall have one side yard. See Figure 2.17, Typical Setbacks and Yards, Interior Lots, and Figure 2.18, Typical Setbacks and Yards, Corner Lots.

A section of the Wormleysburg Borough designated in this chapter text and delineated on the Zoning Map,[39] in which requirements for the use of land, structures, and development standards are prescribed.

The map setting forth the boundaries of the Zoning Districts of Wormleysburg Borough, which shall be part of this chapter.[40]

The administrative officer appointed by the Wormleysburg Borough Council to administer this chapter and issue zoning permits.

A document signed by a Zoning Officer, as required in this chapter, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure, that acknowledges that such use and/or structure complies with the provisions of this chapter or authorized variance therefrom.