For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT OR ABUTTING. Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street or a perennial waterway. See definition of ADJACENT.
ACCESSORY STRUCTURE (INCLUDES ACCESSORY BUILDING). A structure serving a purpose customarily incidental to and subordinate to the use of the principal use or structure, and located on the same lot as the principal use. ACCESSORY STRUCTURES include, but are not limited to, a household garage, household storage shed, detached carport, a household swimming pool, or an accessory storage building to a business use. An ACCESSORY BUILDING is any accessory structure that meets the definition of a BUILDING. A portion of a principal building used for an accessory use shall not be considered an ACCESSORY BUILDING.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use.
ADJACENT. Two or more lots that share a common lot line or that are separated only by a street or waterway from each other.
ADULT BOOKSTORE. An establishment in which over 10% of the total floor area is occupied by books, films, periodicals and video tapes which are distinguished by a clear emphasis on displaying uncovered male or female genitals or specified sexual activities or by paraphernalia or novelties related to specified sexual activities and which items are offered for sale, rent or receipt of coins or tokens. If such items are within a room(s) that is restricted to persons age 18 or older, then this definition shall apply to any establishment in which over 10% of the floor area is within such restricted room(s).
ADULT DAY CARE CENTER. A use providing supervised care and assistance primarily to persons who are over age 60 and/or mentally retarded and/or physically handicapped who need such daily assistance because of their limited physical abilities, Alzheimer’s disease, mental abilities or mental retardation. This use shall not include persons who need oversight because of behavior that is criminal or violent. 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.
ADULT LIVE ENTERTAINMENT FACILITY. A use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual “specified sexual activities” related to some form of monetary compensation paid to a person or entity involved in such activity or establishment.
ADULT MOVIE THEATER. A use involving the presentation to three or more persons at one time in a room of motion pictures, video tapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of specified sexual activities for observation by such persons and that is related to some form of monetary compensation paid by the persons viewing such matter.
ADULT USE. This term shall include any of the following uses: adult book store, adult movie theater, massage parlor or adult live entertainment facility.
AFTER HOURS CLUB. A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.
ALLEY. For the purposes of this chapter, shall mean a vehicle right-of-way having a maximum right-of-way width of 20 feet and that usually provides secondary access to the side or rear of one or more lots, and which is not intended for through traffic.
ANTENNA, STANDARD. A device, partially or wholly exterior to a building, that is used for receiving electronic signals 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.
APARTMENT. See DWELLING TYPES.
APPLICANT. A landowner or developer, as defined by the Municipalities Planning Code, 53 P.S. §§ 10101 et seq., who has filed an application for development. The term shall include his or her heirs, successors and assigns.
ASSISTED LIVING FACILITY. Coordinated and centrally managed rental housing including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. ASSISTED LIVING FACILITIES shall be licensed as personal care centers by the Commonwealth.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES. An area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles; recreation vehicles; boat trailers; farm machinery; motorcycles; trucks; utility trailers; construction vehicles; boats; or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard.
AUTO REPAIR GARAGE. An area where repairs, improvements and installation of parts and accessories for motor vehicles, recreational vehicles, trailers and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of auto service station. An AUTO REPAIR GARAGE shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work; straightening of body parts; painting; welding; or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an AUTO REPAIR GARAGE.
AUTO SERVICE STATION. An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil lubricants, batteries and belts and similar accessories and safety and emission inspections; and sale of pre-packaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an AUTO SERVICE STATION.
BASEMENT.
(1) An enclosed floor area partly or wholly underground.
(2) A
BASEMENT shall be considered a story if:
(a) The majority of the basement has a clearance from floor to ceiling of seven feet or greater; and
(b) The top of the ceiling of the basement is an average of five or more feet above the finished grade along the majority of the front side of the building that faces onto a street.
BED AND BREAKFAST INN. A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 154.066 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family.
BOARDING HOUSE (INCLUDES ROOMING HOUSE).
(1) A residential use in which:
(1) Room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or
(2) A dwelling unit that includes greater than the permitted maximum number of unrelated persons.
(2) A
BOARDING HOUSE shall not include a use that meets the definition of a hotel, dormitory, motel, assisted living center, bed and breakfast inn, group home or nursing home. A BOARDING HOUSE may either involve or not involve the providing of meals to residents, but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant. A BOARDING HOUSE shall primarily serve persons residing on-site for five or more consecutive days.
BOROUGH. Borough of North York, York County, Pennsylvania.
BUFFER YARD.
(1) A strip of land that:
(a) Separates one use from another use or feature; and
(b) Is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways.
(2) A
BUFFER YARD may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a BUFFER YARD requirement. See § 154.142.
BUILDING. Any structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials. BUILDING is interpreted as including “or part thereof”. See the separate definition of STRUCTURE. Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal BUILDING.
BUILDING COVERAGE. The percentage obtained by dividing the maximum land area in square feet of all principal and accessory buildings by the total lot area of the lot upon which the buildings are located.
BUILDING, PRINCIPAL. A building used for the conduct of the principal use of a lot, and which is not an accessory building.
BUILDING WIDTH. The horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width. For attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.
CARTWAY. The paved portion of a street designed for vehicular traffic and on-street parking but not including the shoulder of the street.
CHURCH. See PLACES OF WORSHIP.
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA. A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals, and that does not meet the definition of a standard antenna. COMMERCIAL COMMUNICATIONS ANTENNAS shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system or for cellular telephone communications. See § 154.066.
COMMERCIAL DISTRICT. The NC and MU Zoning Districts.
COMMERCIAL USE. Includes, but is not limited to, retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit-making non-industrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a COMMERCIAL USE.
COMMUNITY CENTER. A use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a treatment center.
CONDITIONAL USE. A use that is only allowed under this chapter if conditional use approval is obtained. Conditional use approval shall be required from Borough Council, after the Planning Commission is provided an opportunity for a review.
CONDOMINIUM. A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S.A. §§ 3101 et seq. or Uniform Planned Community Act of 1996, 68 Pa.C.S.A. §§ 5101 et seq., as amended.
CONSERVATION EASEMENT. A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land.
CRAFTS OR ARTISAN’S STUDIO. A use involving the creation, display and sale of arts and crafts, such as paintings, sculpture and fabric crafts. The creation of arts and crafts may also be permitted within a home occupation, provided the requirements for such use are met.
DAY CARE, CHILD.
(1) A use involving the supervised care of children under age 16 outside of the children’s own home(s) primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs that are supplementary to state-required education, including a “nursery school” or “Head Start” program. See also the definition of
ADULT DAY CARE CENTER.
(2) The following three types of day care are permitted without regulation by this chapter:
(a) Care of children by their own “relatives”;
(b) Care of children within a place of worship during regularly scheduled religious services; and
(c) Care of one to three children within any dwelling unit, in addition to children who are “relatives” of the care giver.
1. CHILD DAY CARE CENTER. A type of day care use that:
a. Provides care for seven or more children at any one time who are not “relatives” of the primary care giver;
b. Does not meet the definition of a
GROUP DAY CARE HOME; and
c. Is registered with the applicable state agency. (As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.) See § 154.066.
2. FAMILY DAY CARE HOME (OR CHILD DAY CARE AS ACCESSORY USE). A type of day care use that:
a. Is accessory to and occurs within a dwelling unit; and
b. Provides care for four to six children at one time who are not “relatives” of the primary care giver. See § 154.067.
3. GROUP DAY CARE HOME. A type of day care use that:
a. Provides care for between seven and 12 children a one time who are not “relatives” of the primary care giver;
b. Provides care within a dwelling unit; and
c. Is registered with the applicable state agency.
DENSITY. The total number of dwelling units on a lot divided by the lot area, unless otherwise stated.
DEP. The Pennsylvania Department of Environmental Protection and its relevant bureaus.
DISTRICT (OR ZONING DISTRICT). A land area within the borough within which certain uniform regulations and requirements apply under the provisions of this chapter.
DRIVE-THROUGH SERVICE. An establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.
DWELLING. A building used as non-transient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or dormitory.
DWELLING TYPES. This chapter categorizes dwellings into the following types.
(1) APARTMENTS (ALSO KNOWN AS MULTI-FAMILY DWELLINGS). Three or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, two-family dwelling, single-family semi-detached dwelling or single-family attached dwelling (townhouse). The individual dwelling units may be leased or sold for condominium ownership.
(3) MOBILE/MANUFACTURED HOME.
(a) A type of single-family detached dwelling that meets all of the following requirements:
1. Is transportable;
2. Which is intended for permanent occupancy;
3. Which is contained in a single unit, or two substantial units designed to be joined into one integral unit capable of again being separated for repeated;
4. Which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; and
5. Is constructed so that it may be used with or without a permanent foundation.
(b) The terms
MOBILE HOME and MANUFACTURED HOME have the same meaning. This term is different from a “sectional home”, which is defined in division (4) below. See standards in § 154.066.
(4) SECTIONAL OR MODULAR HOME. A type of dwelling that meets a definition of a dwelling type other than a “manufactured/mobile home”, and which is substantially produced in two or more major sections off the site and then is assembled and completed on the site. Unlike a manufactured/mobile home, a SECTIONAL HOME is supported structurally by its exterior walls and rests on a permanent foundation. This chapter does not regulate whether or not a building involves sectional construction.
(5) SINGLE-FAMILY ATTACHED DWELLING (ALSO KNOWN AS A TOWNHOUSE OR ROWHOUSE). One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 154.066.
(6) SINGLE-FAMILY DETACHED DWELLING.
(a) One dwelling unit in one building accommodating only one family and having open yard areas on all sides.
(b) A single-family detached dwelling may be mobile/manufactured home.
(7) SINGLE-FAMILY SEMI-DETACHED DWELLING (ALSO KNOWN AS A TWIN DWELLING UNIT). One dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
(8) TWO-FAMILY DWELLING. Two dwelling units in one building, which are detached from other dwellings, and which does not meet the definition of a single-family semi-detached dwelling. In most cases, this involves one dwelling unit located above a second dwelling unit.
DWELLING UNIT.
(1) A single habitable living unit occupied by only one “family”. See definition of
FAMILY.
(2) Each
DWELLING UNIT shall have:
(a) Its own toilet, bath or shower, sink, sleeping and cooking facilities; and
(b) Separate access to the outside or to a common hallway or balcony that connects to outside access at ground level.
(3) Unless approved as a “unit for care of relative”, a
DWELLING UNIT shall not include either or both of the following:
(a) Two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another; or
(b) Two separate and distinct sets of kitchen facilities.
EMERGENCY SERVICES STATION. A building for the housing of fire, emergency medical or police equipment and for related activities. A membership club may be included if it is a permitted use in that district. This use may include housing for emergency personnel while on- call.
EMPLOYEES. The highest 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.
ESSENTIAL SERVICES. Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary, appropriate and accessory to the character of the area in which they are to be located. ESSENTIAL SERVICES shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of tools or equipment or bulk storage of materials.
FAMILY. One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or a maximum of three unrelated individuals who maintain a common household and live within one dwelling unit. A dwelling unit shall be occupied by a maximum of one FAMILY. Also, a FAMILY shall expressly include numbers of unrelated persons allowed by the group home provision of § 154.066 residing within an approved group home or as approved under § 154.011(D)(5).
FENCE. A human-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Human-made barriers constructed principally of masonry, concrete or similar materials shall be considered a WALL. The term WALL does not include engineering retaining walls, which are permitted uses as needed in all districts. See § 154.067.
FINANCIAL INSTITUTION. An establishment primarily involved that has routine interactions with the public.
FLOODPLAIN. See definitions of FLOODPLAIN and related definitions in the floodplain regulations in Chapter 152 of this code of ordinances. See § 152.126.
FLOOR, AREA, TOTAL.
(1) The total floor space within a building(s) measured from the exterior faces of exterior walls or from the centerlines of walls separating buildings.
(2) FLOOR AREA shall specifically include, but not be limited to:
(a) Fully enclosed porches; and
(b) Basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least six and one-half feet.
(3) FLOOR AREA shall not include unenclosed porches, decks or breezeways.
GARAGE SALE. The accessory use of any lot for the occasional sale or auction of common household goods and furniture and items of a closely similar character. See § 154.067.
GLARE. A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 154.086.
GOVERNMENT FACILITY OTHER THAN BOROUGH-OWNED. A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by borough. This term shall not include uses listed separately in the table of uses in §§ 154.045 through 154.051, such as “publicly owned recreation”. This term shall not include a prison.
GROUP HOME. A dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to old age, long-term illness or emotional, developmental, mental or physical disability. GROUP HOMES must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use.
(1) GROUP HOMES shall be subject to the same limitations and regulations by the borough as the type of dwelling unit they occupy.
(2) A group home shall not include a “treatment center”.
(3) See standards in § 154.066.
HEIGHT. The vertical distance measured from the average elevation of the proposed ground level along the front of the structure to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height by ten feet to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in § 154.141. Note: this definition may allow one additional “story” to be exposed in the rear of a building compared to the maximum number of stories visible in the front of a building. For height of signs, see §§ 154.115 through 154.126.
HOME OCCUPATION. A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 154.067. A LIGHT HOME OCCUPATION shall be a HOME OCCUPATION that meets the additional requirements for a LIGHT HOME OCCUPATION stated in § 154.067. A LIGHT HOME OCCUPATION includes, but is not limited to, a “no-impact home occupation” as defined by the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10101 et seq. A GENERAL HOME OCCUPATION shall be a HOME OCCUPATION that does not meet the requirements for a LIGHT HOME OCCUPATION.
HOSPITAL. A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A separate medical care use (such as an outpatient surgery center) that does not involve any stays overnight shall be considered an “office”. A HOSPITAL may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A HOSPITAL may also involve medical research and training for health care professionals.
HOTEL or MOTEL. A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a boarding house and shall meet the requirements of that use. See also bed and breakfast use. A HOTEL or MOTEL may also include a restaurant, meeting rooms, nightclub, newsstand, gift shop, swim club or tavern, provided that such use(s) is not the principal use of the property.
IMPERVIOUS COVERAGE. The percentage of the lot area covered by concrete, bituminous asphalt, roofs and similar human-made surfaces that have a coefficient of run-off of 0.85 or greater. For the purposes of determining compliance with the impervious coverage limits in this chapter, any stone surfaces used for motor vehicle parking and movement shall be considered to be IMPERVIOUS. The water surface of a swimming pool shall not be considered IMPERVIOUS.
INDUSTRIAL DISTRICT. The LIC Light Industrial-Commercial Zoning District.
JUNK.
(1) Any discarded, unusable, scrap or abandoned human-made or human-processed material or articles, such as the following types: metal; furniture; appliances; motor vehicle parts; aircraft; glass; plastics; machinery; equipment; containers; and building materials.
(2) JUNK shall not include:
(a) Solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations;
(b) Toxic wastes;
(c) Grass clippings, leaves, tree limbs or similar yard waste materials; or
(d) Items clearly awaiting imminent recycling at an approved recycling facility.
JUNK VEHICLE. Includes any vehicle or trailer that meets any of the following conditions:
(1) Cannot be moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repair;
(2) Cannot be towed, in regards to a trailer designed to be towed;
(3) Has been demolished beyond repair;
(4) Has been separated from its axles, engine, body or chassis; or
(5) Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle. See also the definition of
UNREGISTERED VEHICLE.
JUNKYARD.
(1) Land or a structure used for the collection, storage, dismantling, processing and/or sale (other than within a completely enclosed building) of material of one or more of the following types:
(a) Junk covering 5,000 or more square feet of land area;
(b) Three or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the requirements of § 154.066 for an auto repair garage or auto service station; and/or
(c) One or more mobile/manufactured homes that are not in a habitable condition.
(2) Junk stored within a completely enclosed building for business purposes shall be considered a warehouse.
(3) The term
JUNKYARD includes a metal scrap yard or auto salvage yard.
KENNEL. The keeping of a greater number of dogs and/or cats than are permitted under the “Keeping of Pets” provisions of this chapter (§ 154.067). A KENNEL may also serve other animals.
LANDOWNER. The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner and if such lease is for a remaining period of at least 12 months) or authorized officers of a partnership or corporation that is a LANDOWNER.
LIGHTING, DIFFUSED. Illumination that passes from the source through a translucent cover or shade.
LIVESTOCK (AND POULTRY), RAISING OF. The raising and keeping of livestock or poultry beyond what is allowed under the “Keeping of Pets” provisions in § 154.067. RAISING OF LIVESTOCK shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
LOT. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A LOT may or may not coincide with a lot of record and includes one or more adjacent pieces, parcels or plots of land of record held in single and separate ownership, including adjacent pieces, parcels or plots bisected by public or private streets. The area and depth of a lot shall be measured to the legal right-of-way line of the street. See § 154.140 concerning frontage onto a street.
LOT AREA. The horizontal land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area in this chapter, the following shall be excluded:
(1) Areas within street rights-of-way that will exist at proposed or existing public streets or alleys;
(2) Areas within any proposed or existing commonly maintained private streets that serve more than one lot (Note: other sections of this chapter may specifically permit proposed streets to be included in determining maximum density for a specific use.); and
(3) Areas that are currently or will be required to be dedicated as common open space on a separate lot. (Note: other sections of this chapter may specifically permit proposed common open spaces to be included in determining maximum density for a specific use.)
LOT, CORNER. A lot abutting on two or more intersecting streets which has an interior angle of less than 135 degrees at the intersection of right-of-way lines of two streets. A lot abutting upon a curved street or streets shall be considered a CORNER LOT if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135 degrees.
LOT LINES. The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the LOT LINE shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development. See also definitions under YARD.
(1) FRONT LOT LINE (STREET LINE). A lot line separating the lot from the street right-of-way. See § 154.142(B) concerning corner lots.
(2) REAR LOT LINE. Any lot line which is parallel to or within 45 degrees of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a REAR LOT LINE.
(3) SIDE LOT LINE. Any lot line other than a front or rear lot line.
Sample Lot Line Configuration - The abbreviation below correspond to: |
a = Front Lot Line |
b = Rear Lot Line |
c = Side Lot Line |
d = Front Lot Line required to meet § 154.142(B) |
LOT WIDTH. The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such LOT WIDTH at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the LOT WIDTH shall be measured from the center of the party wall.
MASSAGE. The performance of manipulative exercises using hands on a person by another person(s) that is related to monetary compensation, and which does not involve persons who are “related” to each other.
MASSAGE PARLOR. An establishment that meets all of the following criteria.
(1) Massages are conducted below the waist within private rooms.
(2) The use does not meet the definition of “massage therapy, certified” and the person conducting the massage is not licensed as a health care professional by the state.
(3) The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor.
(4) The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program.
MASSAGE THERAPY, CERTIFIED. A use involving performance of massages by a person licensed or certified by the state as a massage therapist or certified by a recognized national or statewide professional organization that requires over 60 hours of professional training. This use shall be considered a type of personal service.
MEMBERSHIP CLUB. An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business.
(1) This use shall not include a target range for outdoor shooting of firearms, boarding house, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met.
MINERAL EXTRACTION. 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, 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.
MOBILE/MANUFACTURED HOME. See under DWELLING TYPES.
MOBILE/MANUFACTURED HOME LOT. A space that may be designated mobile/manufactured homes within a mobile/manufactured home park.
MOBILE/MANUFACTURED HOME PARK. A lot under single ownership which includes spaces for two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a MOBILE/MANUFACTURED HOME PARK. See § 154.066.
MOTOR VEHICLE. An automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation designed to operate carry persons or cargo on roads and that is powered by mechanized means.
MUNICIPALITIES PLANNING CODE or STATE PLANNING CODE. The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended, 53 P.S. §§ 10101 et seq.
NONCONFORMING LOT. A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter, as amended. See § 154.144.
NONCONFORMING STRUCTURE. A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). See § 154.144.
NONCONFORMING USE. A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a NONCONFORMING USE. See § 154.144.
NURSING HOME. A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 154.066.
OFFICE. A use that involves administrative, clerical, financial, governmental or professional operations, and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.
OFFICIAL ZONING MAP. The map as adopted by Borough Council which designates the location and boundaries of zoning districts.
OPEN SPACE, COMMON. A parcel or parcels of land within a tract which meets all of the following standards:
(1) Is designed, intended and suitable for active or passive recreation by residents of a development or the general public;
(2) Is covered by a system that ensures perpetual maintenance, if not intended to be publicly owned;
(3) Will be deeded to the borough and/or deed restricted to permanently prevent uses of land other than
COMMON OPEN SPACE and noncommercial recreation; and
(4) Does not use any of the following areas to meet minimum open space requirements:
(a) Existing street rights-of-way;
(b) Vehicle streets or driveways providing access to other lots;
(c) Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the borough for agricultural preservation);
(d) Off-street parking (other than that clearly intended for noncommercial recreation;
(e) Area(s) needed to meet a requirement for an individual lot;
(f) For land intended to be open to the public, that does not have provisions for entry with a 20-foot minimum width by pedestrians from a street open to the public or from an adjacent common open space area that has access to such a street;
(g) Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of Borough Council would be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions; and
(h) Portions of land that have a width of less than 25 feet.
ORDINANCE, THIS. The North York Borough zoning ordinance, including the official zoning map, as amended (this chapter).
PARKING. Off-street parking and aisles for vehicle movement unless otherwise stated.
PennDOT. The Pennsylvania Department of Transportation, or its successor, and its subparts.
PENNSYLVANIA. The Commonwealth of Pennsylvania.
PERMITTED BY RIGHT USES. Allowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of this chapter. A nonconforming use shall not be considered to be a PERMITTED BY RIGHT USE, a special exception use or a conditional use.
PERSONAL CARE HOME OR CENTER. Means the same as ASSISTED LIVING FACILITY.
PERSONAL SERVICE. An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. PERSONAL SERVICES include barber and beauty shops, photography studios, shoe repair shops, household appliance repair shops and other similar establishments, but shall not include any adult uses, as herein defined.
PETS, KEEPING OF. The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 154.067.
PLACES OF WORSHIP. Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 154.066.
PLANNING COMMISSION. The Planning Commission of North York Borough, unless otherwise stated.
PRINCIPAL BUILDING. A principal structure which is also a building.
PRINCIPAL STRUCTURE. The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.
PUBLIC NOTICE. Notice required by the Municipalities Planning Code, 53 P.S. §§ 10101 et seq. (Note: as of the adoption date of this chapter, for a Zoning Hearing Board hearing or an amendment to this chapter, such Act required a legal advertisement published once each week for two successive weeks in a newspaper of general circulation in the borough, which states that time and place of a meeting/hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication no less than seven days from the meeting/hearing date.)
PUBLICLY OWNED RECREATION. Leisure facilities owned, operated or maintained by governmental entities for use by the general public.
RECREATION. The offering of leisure-time activities to unrelated persons. This term shall not include any adult use. For the purposes of this chapter, recreation facilities shall be permitted by right as an accessory use when clearly limited to residents of a development and their occasional invited guests. Publicly owned recreation is a distinctly different use from INDOOR RECREATION or OUTDOOR RECREATION.
(1) INDOOR RECREATION.
(a) A type of recreation use that:
1. Does not meet the definition of outdoor recreation; and
2. Is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses.
(b) This term shall not include any use listed separately as a distinct use by § 154.050.
(2) OUTDOOR RECREATION.
(a) A type of recreation use that:
1. Has a total building coverage of less than 15%; and
2. Is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses.
(b) This term shall not include any use listed separately as a distinct use by § 154.050, such as a firearms target range.
RECYCLING COLLECTION CENTER. A use for collection, separation and temporary storage of more than 500 pounds of common materials found in the typical household or office for recycling for some productive reuse. This use shall not involve processing or recycling, other than routine sorting, baling and weighing of materials. This term shall not include the storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted by right accessory use in all zoning districts, without additional regulations. A RECYCLING COLLECTION CENTER is also a permitted by right accessory use to a public or private primary or secondary school, a place of worship, a borough-owned use or an emergency services station. This term shall not include processing of solid waste that is not being recycled.
RELATED or RELATIVE. Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse; brother; sister; parent; child; grandparent; great-grandparent; grandchild; great-grandchild; uncle; aunt; niece; nephew; sister-in-law; brother-in-law; parent-in-law; or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. See definition of DWELLING UNIT.
REPAIR SERVICE. Shops for the repair of appliances, watches, guns, bicycles and other household items.
RESIDENTIAL ACCESSORY STRUCTURE (INCLUDES BUILDING) OR USE. A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household); carport; tennis court; garage sale; basketball backboard; household swimming pool; gazebo; storage shed; greenhouse; children’s playhouse; or children’s play equipment. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.
RESIDENTIAL DISTRICT. The R1 and R2 Zoning Districts.
RESIDENTIAL LOT LINES. The lot line of a lot that:
(1) Contains an existing primarily residential use; or
(2) Is undeveloped and zoned as a residential district.
RESTAURANT.
(1) An establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.
(2) A
RESTAURANT may include the accessory sale of alcoholic beverages. However, if such sale is the majority of the total trade, the requirements of a “tavern” as applicable must be met.
(3) See the definition of
DRIVE-THROUGH SERVICE in this section.
RETAIL STORE. A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats; adult movie theater; adult bookstore; manufacturing; tavern; car wash; auto service station; auto repair garage; convenience store; or any restaurant.
RIGHT-OF-WAY.
(1) An area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term
RIGHT-OF-WAY by itself shall mean the street RIGHT-OF-WAY that will exist after completion of a subdivision or development, unless another meaning is otherwise stated or clearly implied from the context in which it is used.
(2) STREET RIGHT-OF-WAY, EXISTING OR LEGAL. The official established street RIGHT-OF-WAY that either the borough or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
ROOMING HOUSE. See BOARDING HOUSE.
SCHOOL, PUBLIC OR PRIVATE PRIMARY OR SECONDARY SCHOOL. An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools.
SCREENING. Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 154.142(D).
SECTIONAL DWELLING. See under DWELLING TYPES.
SELF STORAGE DEVELOPMENT. A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.
SETBACK. The horizontal distance between a setback line and a property line.
(1) SETBACK, FRONT. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line, unless the lot line is within or beyond a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way closest to the proposed structure.
(2) SETBACK, REAR. The line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line, unless the lot line is within or beyond a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of way closest to the proposed structure.
(3) SETBACK, SIDE. The line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line, unless the lot line is within or beyond a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way closest to the proposed structure.
SETBACK LINE. The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent future street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the front lot line.
(1) Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 154.142(B).
(2) Unless otherwise stated, setback distances are for both accessory and principal structures.
(3) Private streets: for a building setback measured from a private street, the setback shall be measured from the existing right-of-way of such a street, if a right-of-way exists. If a private street does not have a right-of-way, the setback shall be measured from the edge of the cartway.
SIGHT TRIANGLE. An area required to be kept free of certain visual obstructions to traffic. See § 154.142.
SIGN. Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 154.117 and 154.125. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
SIGN AREA. The square footage of a sign. The method of measuring sign area is provided in § 154.125.
SIGN, FREESTANDING. A sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
SIGN, OFF-PREMISES. A sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered or located at a location other than the lot upon which the sign is located. This term includes signs that are commonly referred to as billboards.
SIGN, WALL. A sign primarily supported by or painted on a wall of a building and which does not project more than two feet from such wall.
SIGN, WINDOW. A sign which is readily visible and can be at least partially read from an exterior lot line and which is attached to a window or transparent door or that can be read through a window or transparent door.
SINGLE AND SEPARATE OWNERSHIP. The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SOLID WASTE TRANSFER FACILITY. Land or structures 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 a junkyard, leaf composting, clean fill or septage or sludge application.
SPECIAL EXCEPTION. A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 154.016.
SPECIFIED SEXUAL ACTIVITIES. One or more of the following:
(1) Human male genitals in a visible state of sexual stimulation;
(2) Acts of human masturbation, sexual intercourse, oral sex or sodomy; and/or
(3) Fondling or other erotic touching of human genitals. See definition of
ADULT USE.
STATE. The Commonwealth of Pennsylvania and its agencies.
STORY (AND HALF-STORY). A level of a building routinely accessible to humans having an average vertical clearance from floor to ceiling of seven feet or greater shall be considered a FULL STORY, except as provided for in the definition of BASEMENT. Any level of a building having an average vertical clearance from floor to ceiling of less than seven feet shall be considered a HALF STORY.
STREET. A public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms STREET, HIGHWAY AND ROAD have the same meaning and are used interchangeably. STREETS shall be classified as “arterial streets”, “collector streets” and “local streets”.
STRUCTURE. Any human-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any STRUCTURE shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a differing setback is established for that particular type of STRUCTURE by this chapter.
SUBDIVISION. The definition in the subdivision and land development ordinance (Chapter 153 of this code of ordinances) shall apply.
SUBDIVISION ORDINANCE or SUBDIVISION AND LAND DEVELOPMENT ORDINANCE. The North York Borough subdivision and land development ordinance, as amended (Chapter 153 of this code of ordinances).
SWIMMING POOL, HOUSEHOLD OR PRIVATE. A human-made area with walls of human- made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 154.067.
SWIMMING POOL, NON-HOUSEHOLD. A human-made area with walls of human-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a household swimming pool.
TAVERN. A place where alcoholic beverages are the majority of the total trade and which does not meet the definition of an AFTER-HOURS CLUB. The sale of food may also occur. See also the definition of RESTAURANT.
THEATER. A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.
TIRE STORAGE. The storage of used tires on a of that are not a ached to vehicles. See “Outdoor storage” in § 154.067.
TOWNHOUSE. See DWELLING TYPES.
TRADE/HOBBY SCHOOL OR TRADE SCHOOL.
(1) A facility, that:
(a) Is primarily intended for education of a work-related skill or craft or a hobby; and
(b) Does not primarily provide state-required education to persons under age 16.
(2) Examples include a dancing school, martial arts school, cosmetology school, adult vocational or ceramics school.
TRADESPERSON. A person involved with building trades, such as but not limited to: plumbing; electrical work; building construction; building remodeling; and roofing.
TREATMENT CENTER.
(1) 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:
(a) Criminal rehabilitation, such as a criminal halfway house;
(b) Current addiction to alcohol or a controlled substance that was used in an illegal manner; and/or
(c) A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
(2) See standards in § 154.066.
UNIT FOR CARE OF RELATIVE. A dwelling unit that:
(1) Is especially created for and limited to occupancy by a close “relative” of the permanent residents of the principal dwelling unit;
(2) Is necessary to provide needed care and supervision to such relative; and
(3) Meets the requirements for such use in § 154.067.
UNREGISTERED VEHICLE. Any motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker (except for antique vehicles exempted from safety sticker requirements under state regulations). The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 90 days previously.
USE. The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. USES specifically include but are not limited to the following: activity within a structure; activity outside of a structure; any structure; recreational vehicle storage; or parking of commercial vehicles on a lot.
VARIANCE. The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Municipalities Planning Code, 53 P.S. §§ 10101 et seq. See § 154.011.
WALL. See FENCE.
WAREHOUSE. A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
WETLANDS. An area of land and/or water meeting one or more definitions of a WETLAND under federal and/or state law and/or regulations.
YARD. The open areas of a lot that are not occupied by a building, except as allowed by § 154.142(B).
(1) FRONT YARD. The open unoccupied space on the same lot with the building extending the full width of the building projected to the sidelines of the lot. The depth of the FRONT YARD shall be measured between the front line of the building and the street line.
(2) REAR YARD. The open unoccupied space on the same lot with the building extending the full width of the dwelling projected to the side lot lines of the lot. The depth of the REAR YARD shall be measured between the rear line of the building and the rear lot line.
(3) SIDE YARD. The open unoccupied space on the same lot with the building, situated between the building and the side lot line, and extending from the front yard to the rear yard. Any lot line not a front lot line or a rear lot line shall be deemed a side lot line. See corner lot provisions in § 154.142(D).
ZONING MAP. The official zoning map of North York Borough, York County, Pennsylvania.
ZONING OFFICER. The person charged with the duty of enforcing the provisions of this chapter, and any officially designated assistant.
ZONING ORDINANCE. The North York Borough zoning ordinance, as amended (this Chapter 154).
(2006 Code, § 27-202) (Ord. 12/18/2003, passed 12-18-2003, § 202)