The following words and phrases are hereby defined in this article and shall have the particular meaning assigned by this Article in the appropriate sections in this Zoning Ordinance.
ABANDONED VEHICLES
a) ABANDONED VEHICLES- A vehicle shall be presumed abandoned under any of the following circumstances:
1) The vehicle is physically inoperable and/or is missing parts so that it is not maintained for driving, and
2) The vehicle does not bear any or all of the following:
A. A valid registration plate, or
B. A current certificate of inspection.
Vehicles with a Commonwealth Certificate of Salvage and that are stored at a salvor or salvage program awaiting to be destroyed, dismantled, salvaged or recycled shall not be included in this definition.
b) SALVOR OR SALVAGE PROGRAM- Activities of an established place of business in the trade of buying, selling or exchanging used, wrecked or abandoned vehicles with a Commonwealth Certificate of Salvage or for which an application has been made and other industrial recyclable materials for the purpose of being destroyed, dismantled, salvaged or recycled.
ABANDONMENT
A nonconforming use shall be presumed abandoned when operations associated with the nonconforming use have ceased by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within one (1) year from the date the activity stopped. Such non-conformity use shall not therefore be reinstated except in conformance with this Ordinance. Vacancy does not constitute abandonment of the nonconforming status of the use.
ACCESSORY DWELLING UNIT
See §1304.01-1.04.005.
ACCESSORY STRUCTURE / GARAGE
See §1304.01-7.01
ACCESSORY SUPPLY UTILITY
See §1304.01-7.09.
ADULT CARE HOME
See §1304.01-3.09.001.astern1971
ADULT CARE FACILITY
See §1304.01-3.09.002.
ADULT ENTERTAINMENT FACILITY
See §1304.01-4.01.001.
AGENT
Any person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, data and/or applications to the Zoning Officer or other designated City Official for the purpose of obtaining approval thereof.
AIRPORT - GENERAL
See §1304.01-4.02.001.
ALTERATION
As applied to a building or structure. A change or re-arrangement in the structural parts or exit facilities, an enlargement, whether by extending on a side or increasing in height, or the moving from one location or position to another within the structure.
AMUSEMENT DEVICE
A device, other than a jukebox, that is used or designed to be used to provide amusement or entertainment to the user for a fee, and shall include but shall not be limited to pinball machines, electronic video display games, billiard tables, simulated sport machines and bio-rhythm machines. One or two machines shall be considered an accessory use.
ANIMAL UNIT
The maximum number of animals allowed at a dwelling unit or building that will meet the minimum nuisance standards of Article 705, Animal and Fowl, of the City of York Codified Ordinances.
APARTMENT COMBINED WITH A COMMERCIAL USE
See §1304.01-1.03.001.
APPLICANT
Any landowner, developer, leaseholder or his authorized agent, including his heirs, successors and assigns, who submit plans, data and/or applications to the Zoning Officer or other designated City Official for the purpose of obtaining approval thereof.
APPLICATION FOR DEVELOPMENT
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 land development plan.
APPOINTING AUTHORITY
The Mayor of the City of York, with respect to the appointment of members to the City of York Planning Commission. (City Council, defined herein as the "Governing Body" has the authority to appoint members to the Zoning Hearing Board.)
ARCHITECTURAL FRONTAGE
An exterior wall of a building which has been designed to appear as a front of a building.
AREA
a) GROSS LOT AREA - The area contained within the property lines of an individual parcel of land excluding any area within a street right-of-way, but including the area of any easement or future street right-of-way.
b) BUILDING AREA- The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings.
c) FLOOR AREA- The sum of the areas of the several floors of a building structure, including areas used for human occupancy and basements, attics and penthouses, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy or any floor space in an accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this Zoning Ordinance or any such floor space intended and designed for accessory heating and ventilating equipment.
d) FLOOR AREA RATIO- The maximum amount of floor area based upon the number of floors divided by the net site area.
e) HABITABLE FLOOR AREA - A room or enclosed floor space to be used for living, sleeping, cooking or eating purposes excluding bathrooms, toilet compartments, laundries, foyers, closets, pantries, utility spaces, stairways, basement recreation rooms and storage spaces. The minimum habitable floor area shall be four hundred (400) square feet or two hundred (200) square feet per person, whichever is greater.
f) NET SITE AREA- The total area of a proposed development excluding unusable land regardless of interior easements. The area remaining after unusable land is subtracted from the gross site area.
g) OPEN AREA- That portion of a lot remaining in natural ground cover. Building area and impervious surfaces shall not be considered part of the open area.
h) SITE AREA - The total area of a proposed development, regardless of interior lot lines or proposed lots, streets or easements.
ART GALLERY
See §1304.01-3.02.003.
AUTHORITY
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."
BANK/CREDIT UNION
See §1304.01-4.03.001.
BASEMENT
A portion of a building partly underground, but having less than half its clear height, as measured from floor to ceiling, below grade. A basement shall be counted as a story for the purpose of height measurement and determining floor area.
BED & BREAKFAST
See §1304.01-4.05.001.
BLOCK
Property abutting on one side of a street and situated between the two (2) nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, un-subdivided area or other definite barrier.
BOARD
Anyone granted jurisdiction under a land use ordinance or under this act to render final adjudications.
BUFFERING
Open area as defined in "Area" but whose dimension normally exceeds the normal building setback or yard requirement.
BUILDING
a) BUILDING - A structure having a roof that is used for the shelter or enclosure of people, animals or property. The word "building" shall include any part thereof.
b) ACCESSORY BUILDING - A subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building including, but not limited to, private garages, carports, utility buildings, tool sheds and noncommercial greenhouses. Any portion of a principal building devoted, or intended to be devoted, to an accessory use is not an accessory building.
c) ATTACHED BUILDING- Abuilding which has two (2) or more party walls in common with adjacent buildings.
d) PRINCIPAL BUILDING - A building on a lot where the principal use of the lot is conducted. In any residential district any structure containing a dwelling unit shall be deemed to be the principal building on the lot on which such building is situated.
e) BUILDING ENVELOPE/BUILDING AREA - The maximum area on a lot within which a structure can be built as permitted by applicable setbacks, yard and maximum building coverage requirements.
f) BUILDING COVERAGE- Percentage of the plot or lot area covered by the building area.
g) BUILDING HEIGHT- A vertical distance measured from the mean elevation of the proposed finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip or gambrel roofs.
h) BUILDING SETBACK LINE or BUILDING LINE- A line within and across a lot defining the required minimum yard between any structure and any adjacent street line.
i) DETACHED BUILDING - A freestanding building that does not abut any other building where all sides of the building are surrounded by yards or open areas within the lot.
j) SEMI-DETACHED BUILDING- A building which has only one (1) party wall in common with an adjacent building where the remaining sides of the building are surrounded by open areas or street lines.The end buildings of a row of attached buildings are considered semi-detached buildings.
k) STORY- That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having seventy-five percent (75%) or more of its wall area above grade level.
l) HALF-STORY- A story under a gable, hip or gambrel roof, the wall plate of which on at least two (2) opposite exterior walls is not more than two (2) feet above such story.
BUILDING FRONT
An exterior wall of a building which faces a public street or right-of-way.
BUILDING PERMIT
Any permit required by this Zoning Ordinance or the Building Code for the construction, grading, alteration, razing or change of use of any structure.
BULK-PLANT
See §1304.01-6.02.001.
BUSINESS
A commercial enterprise or establishment, either for-profit or non-profit.
BUSINESS, FINANCIAL, PROFESSIONAL OFFICE
See §1304.01-4.03.002.
BUSINESS SERVICE ESTABLISHMENT
See §1304.01-4.03.003.
CARTWAY
The surface of a street or alley available for vehicular traffic or the area between curbs.
CARWASH / DETAILING
See §1304.01-4.06.004.
CELLAR
A portion of a building partly underground having half or more than half of its clear height, as measured from floor to ceiling, below grade. A cellar shall not be considered in determining the permissible number of stories or determining floor area nor shall it be used for dwelling purposes.
CEMETERY
See §1304.01-3.01.001.
CHILD CARE CENTERS
See §1304.01-3.06.001.
CITY
The City of York, Pennsylvania.
CITY ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer of the City of York as recommended by the Planning Commission and currently adopted by Council.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections. It is defined by lines of sight between points at a given distance from the intersection of the street lines.
CLUB, NOT-FOR-PROFIT
See §1304.01-3.10.003.
COMMISSION
The City of York Planning Commission.
COMMON OPEN SPACE
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 the development, not including streets, off-street parking areas and areas set aside for public facilities.
COMMUNICATION TRANSMITTING AND RECEIVING FACILITY
See §1304.01-6.01.003.
COMMUNITY CENTER
See §1304.01-3.02.002.
COMMUNITY FOOD BANK
See §1304.01-3.10.002.
COMMUNITY SWIMMING POOL
See §1304.01-5.04.004.
COMPREHENSIVE PLAN
The complete plan for the continuing development and redevelopment of the City of York as recommended by the Planning Commission and currently adopted by Council.
CONDITIONAL USE
A use which the City Council is permitted to authorize in specific instances listed in the ordinance, under the terms, procedures and conditions prescribed herein.
CONDOMINIUM
An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property together with a separate interest in space in a residential, commercial or industrial building on such real estate. Condominiums are a form of ownership, not a use.
CONSISTENCY
An agreement or correspondence between matters being compared which denotes a reasonable rational, similar, connection or relationship.
CONTRACTOR'S OFFICE WITH STORAGE
See §1304.01-6.01.005.
CONVERSION FROM ANOTHER USE
See §1304.01-1.01.004.
COUNTY
York County, Pennsylvania.
COUNTY COMPREHENSIVE PLAN
A land use and growth management plan prepared by the County Planning Commission and adopted by the county commissioners which establishes broad goals and criteria for municipalities to use in preparation of their comprehensive plan and land use regulation.
COURTS
a) COURT- An open, uncovered occupied space partially or wholly surrounded by the walls of a structure or structures.
b) ENCLOSED OR INNER COURT- A court surrounded on all sides by the exterior walls of a structure or by such walls and an interior lot line.
c) OUTER COURT- A court having at least one (1) side thereof opening on to a street, alley, yard or other permanent open space.
CPTED
Crime Prevention Through Environmental Design (CPTED) acknowledges that the manner in which physical space is designed or used has a direct bearing on crime and security. The physical environment has a dramatic effect on our own behavior and the way in which we view the behavior of others. CPTED is a concept supported by a series of overlapping principles based on the relationship of the built environment to the presence or absence of undesirable behavior. The CPTED concept is: "The proper design and effective use of the built environment can lead to a reduction in the incidence and fear of crime and improvement in the quality of life by incorporating access control, natural surveillance and territorial defensive tactics." When reviewing permit and/or development applications, the Zoning Officer, Planning Commission, and/or Zoning Hearing Board may consider CPTED guidelines.
CREMATORIUM
See §1304.01-3.01.003.
CROP FARMING
See §1304.01-2.02.001.
DAY SPA
See §1304.01-4.08.004.
DECISION
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this act to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the municipality lies.
DECISION POINT
For the purposes of determining a clear sight triangle, the physical point at which a driver of a vehicle would need to decide whether it is safe to proceed through an intersection or out of a driveway, either straight or turning.
DECK
A roofless structure consisting of a floor with or without steps and/or a handrail, extending from the wall of a building. Multiple level decks, and decks above one another are included in this definition. A stoop with a roof or a deck with a roof shall be considered part of the building which it is attached to and is considered part of building coverage.
DETERMINATION
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications there-under, except the following:
a) City Council;
b) The zoning hearing board; and
c) The planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the subdivision and land development ordinance or planned residential development provisions.
Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPMENT
The same as land development.
DEVELOPMENT OF REGIONAL SIGNIFICANCE AND IMPACT
Any land development that, because of its character, magnitude, or location will have substantial effect upon the health, safety, or welfare of citizens in more than one (1) municipality.
DEVELOPMENT PLAN
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 ordinance shall mean the written and graphic materials referred to in this definition.
DEVELOP
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.
DIRECTOR OF COMMUNITY DEVELOPMENT
The Director of Community Development of the City of York.
DIRECTOR OF ECONOMIC DEVELOPMENT
The Director of Economic Development of the City of York.
DISTRICT
An area referred to as adistrict as identified on the Zoning Map along with the regulations pertaining thereto.
DOMICILIARY CARE HOME
See §1304.01-7.16.
DORMITORY
See §1304.01-1.04.003.
DOUBLE-FRONTAGE LOT
A lot which extends from one (1) street to another, with frontage on both streets.
DRIVEWAY
A private minor vehicular right-of-way providing access between a street and a parking area or garage within a lot or property.
EASEMENT
A grant by the property owner of the use of a strip of land by the public, a corporation or people for specified purposes.
EATING ESTABLISHMENT, BREW PUB
See §1304.01-4.04.005.
EATING ESTABLISHMENT, NIGHTCLUB
See §1304.01-4.04.003.
EATING ESTABLISHMENT, FAST-FOOD
See §1304.01-4.04.006.
EATING ESTABLISHMENT, QUICK SERVE
See §1304.01-4.04.002.
EATING ESTABLISHMENT, SIT-DOWN
See §1304.01-4.04.001.
EATING ESTABLISHMENT, TAVERN
See §1304.01-4.04.004.
EDUCATIONAL FACILITY (Grades K-12 or Equivalent)
See §1304.01-3.03.001.
EDUCATIONAL FACILITY (Post Grade 12 or Equivalent)
See §1304.01-3.03.002.
EMERGENCY SHELTER
See §1304.01-3.10.001.
ENGINEER
A professional engineer registered in the Commonwealth of Pennsylvania, for a municipality, planning agency, Planning Commission, property owner or applicant.
FAMILY
One (1) or more people related by blood, marriage, civil union, legal guardianship, licensed or court appointed foster care, or legal adoption including any domestic servants or gratuitous guests thereof who maintain one (1) common household and reside in one (1) dwelling unit; or
a) No more than two (2)people, who are not related to each other by blood, marriage, civil union, legal guardianship, licensed or court appointed foster care, or legal adoption, in addition to any respective minor children, domestic servants or gratuitous guests thereof, residing in one (1) dwelling unit and living and cooking together as a single housekeeping unit. A roomer, boarder, or lodger is not considered a family member.
b) Gratuitous guests, as referenced in subsection (a) and Par. 1 above, refers to individuals who maintain a legal residence elsewhere, do not establish a long-term residence at the subject property, and who do not reside at the subject property as a guest for more than fourteen (14) consecutive days or more than thirty (30) consecutive or nonconsecutive days in a calendar year.
FAMILY CHILD CARE HOME
See §1304.01-7.12.
FENCE / WALL
See §1304.01-7.02.
FLOOD
A temporary inundation by surface water of land areas not continually inundated.
a) FLOODPLAIN- Arelatively flat or low land area adjoining a river, stream, watercourse, bay or lake, which is subject to partial or complete inundation; an area subject to unusual and rapid accumulation of runoff or surface waters from any source.
b) FLOOD-PRONE AREA- Arelatively flat or low land area adjoining a stream, river or watercourse, which is subject to partial or complete inundation; or, any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
c) FLOODWAY- The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude.
d) ONE HUNDRED YEAR FLOODPLAIN- An area of land that is inundated by a storm that, on the average, is likely to occur once every one hundred (100) years.
FORESTRY
See §1304.01-2.02.002.
FRONT WALL
An exterior wall of a building which faces a public street or right-of-way.
GENERAL CONSISTENCY, GENERALLY CONSISTENT
That which exhibits consistency.
GOVERNING BODY
City Council of the City of York.
GOVERNMENT OFFICES
See §1304.01-5.01.003.
GRADE
a) DETERMINING- For determining grade, all walls approximately parallel to and not more than fifteen (15) feet from a street line are to be considered as adjoining a street.
b) BUILDINGS ADJOINING ONE STREET- For buildings adjoining one (1) street only, grade is the elevation of the established curb at the center of the wall adjoining the street.
c) BUILDINGS ADJOINING MORE THAN ONE STREET- For buildings adjoining more than one (1) street, grade is the average of the elevations of the established curbs at the centers of all walls adjoining streets.
d) BUILDINGS HAVING NO ADJOINING STREET WALL- For buildings having no wall adjoining the street, grade is the average level of the ground adjacent to the exterior walls of the buildings.
GREEN ROOF
A green roof is a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems. The use of "green" refers to the growing trend of environmentally friendly and does not refer to roofs which are merely colored green, as with green roof tiles or roof shingles.
GROUP CHILD CARE HOME
See §1304.01-3.063.002.
GROUP HOME
See §1304.01-1.04.001.
GROUP QUARTERS
See §1304.01-1.04.002.
HAIR CARE
See §1304.01-4.08.001.
HALFWAY HOUSES
See §1304.01-3.05.002.
HAZARDOUS INDUSTRIAL
See §1304.01-6.02.003.
HEALTH / FITNESS FACILITY
See §1304.01-4.08.005.
HEARING
An administrative proceeding conducted by a board pursuant to section 909.1 of the Pennsylvania Municipalities Planning Code.
HEAVY INDUSTRIAL
See §1304.01-6.02.002.
HELIPORT
See §1304.01-4.02.002.
HELISTOP
See §1304.01-4.02.003.
HOME OCCUPATION
See §1304.01-7.11.
HORTICULTURE (ACCESSORY USE)
See §1304.01-7.08.
HORTICULTURE (PRINCIPAL USE)
See §1304.01-2.02.003.
HOSPITAL
See §1304.01-3.07.001.
HOTELS, MOTELS, CONVENTION CENTER
See §1304.01-4.05.002.
HOUSE OF WORSHIP
See §1304.01-3.04.001.
IMPERVIOUS SURFACE
Those surfaces that do not absorb precipitation. Parking areas, driveways, roads, gravel sidewalks, patios and any similar areas of concrete or asphalt shall be considered impervious surfaces. In addition, other areas determined by the City Engineer to be impervious shall also be classified as impervious surfaces. All buildings, principal and accessory, are included in this definition.Permanent surfaces which absorb precipitation, including but not limited to: pervious pavement, pervious concrete, green roofs, and other surfaces which are approved by the City Engineer as pervious are exempt from this definition.
INDUSTRIAL EDUCATION
See §1304.01-3.03.004.
INDUSTRIAL PARK
See §1304.01-6.01.004.
INFILL DEVELOPMENT
The development of a vacant parcel, or an assemblage of vacant parcels, within the City, and which is bordered along at least three-quarters of the parcel's, or combined parcels', perimeter by developed land. In addition, such parcel generally has utilities and street access available adjacent to the parcel, and has other public services and facilities available near-by. Generally, these sites are vacant because they were once considered of insufficient size for development, because an existingbuilding(s) located on the site was demolished, or because there were other, more desirable or less costly sites for development.
JAILS AND PRISONS
See §1304.01-3.05.001.
JUNK
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 for other use or disposition. Examples of such materials include, but are not limited to, metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, plastic, abandoned vehicles and parts thereof abandoned and/or stockpiled on a lot or part of a lot, and all other similar materials. This definition excludes stockpiling of recyclable materials defined in this ordinance as aRecycling Facility.
JUNKYARD
See §1304.01-6.02.004.
KENNEL/STABLE
See §1304.01-2.01.002.
LANDOWNER
a) LEGAL, BENEFICIAL OWNER- 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;
b) LEASEHOLDER - A leaseholder who is authorized under the lease to exercise the rights of the landowner; or
c) PROPRIETARY INTEREST- Other people having a proprietary interest in land shall be deemed to be a landowner for the purposes of this Zoning Ordinance.
LAND DEVELOPMENT
Any of the following activities:
a) The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:
1) A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
2) The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
b) A subdivision of land.
c) The following activities shall be exempt from the definition of Land Development:
1) The conversion of an existing single-family detached dwelling or single family semi-detacheddwelling into not more than three residential units, unless such units are intended to be a condominium;
2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate toanexisting principal building; or
3) The addition or conversion of buildings or rides within the confines of an enterprise whichwould be considered an amusement park. For purposes of this subclause, an amusement park isdefined as a tract or area used principally as a location for permanent amusement structures orrides. This exclusion shall not apply to newly acquired acreage by an amusement park until initialplans for the expanded area have been approved by proper authorities.
LANDSCAPING
A natural planting which includes, but is not limited to, grass and other plantings such as trees, shrubs and groundcover.
LAUNDROMAT, DRY CLEANING DROP-OFF / PICKUP
See §1304.01-4.08.002.
LEED
The Leadership in Energy and Environmental Design (LEED) Green Building Rating System™ encourages and accelerates global adoption of sustainable green building and development practices through the creation and implementation of universally understood and accepted tools and performance criteria. This program is administered through the U.S. Green Building Council (USGBC).
LIBRARY
See §1304.01-3.02.001.
LIGHT INDUSTRIAL
See §1304.01-6.01.001.
LIVE-WORK UNIT
See §1304.01-1.03.002.
LIVESTOCK FARMING
See §1304.01-2.01.001.
LOADING
a) LOADING BERTH- A loading space that has a platform or dock raised to the height of a truck bed. Loading activity occurs inside the building or on the loading dock.
b) LOADING SPACE- A space accessible from a street or way, in a building or on a lot, for the temporary use of delivery vehicles while loading or unloading merchandise or materials. Loading activity occurs at ground level.
LOT
a) LOT- A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, built upon or transferred as a unit.
b) LOT AREA- See the definition for "AREA."
c) LOT OF RECORD- A lot that has been recorded in the Office of the Recorder of Deeds of York County, Pennsylvania.
d) DOUBLE FRONTAGE LOT- A lot that extends from one (1) street to another with frontage on both streets.
e) CORNER LOT- A lot with two (2) adjacent sides abutting on streets or other public places which has an interior angle of less than one hundred thirty-five (135) degrees at the intersection of the two (2) street lines. A lot abutting on a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than one hundred thirty-five (135) degrees.
f) LOT DEPTH- The mean horizontal distance from the street line of a lot to its opposite rear lot line measured in the general direction of the side lot lines.
g) LOT WIDTH- The distance measured between the side lot lines at the required building setback line; in a case where there is only one side lot line, the distance measured between such lot line and the opposite lot line.
h) REVERSE FRONTAGE LOT- A double frontage lot located along an arterial or collector street and a localstreet with vehicular access solely from the latter.
LOT LINES
a) LOT LINE- A line dividing one (1) lot from another or from a street or any public place.
b) REAR LOT LINE- Any lot line that is parallel to, or within forty-five (45) degrees of being parallel to, a street line except for a lot line that is itself a street line. In the case of a corner lot, the owner shall have the option of choosing which of the two (2) lot lines that are not street lines is to be considered a rear lot line. In the case of a lot of an odd shape, only the one(1) lot line furthest from any street shall be considered a rear lot line. In the case of a triangular lot with no rear lot line, the distance between any point on the building and the corner of the lot farthest from the street line shall be at least twice the normally required rear yard. In the case of a double frontage lot, a street line of the secondary access street will be defined as the rear lot line.
c) SIDE LOT LINE- Any lot line that is not a street line or a rear lot line.
MAJOR THOROUGHFARE PLAN
That part of the Comprehensive Plan, now or hereafter adopted, which sets forth the general location, alignment and dimensions, and the identification and classification of existing and proposed public streets, highways and other thoroughfares.
MEDICAL FACILITY
See §1304.01-3.07.002.
MEDICAL OFFICE
See §1304.01-3.07.003.
MEMORIAL GARDEN
See §1304.01-3.01.004.
METHADONE TREATMENT FACILITY
See §1304.01-3.07.004.
MINERALS
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.
MINING
See §1304.01-6.03.002.
MINI-WAREHOUSING / SELF-STORAGE
See §1304.01-6.01.006.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one (1) unit, or in two (2) or more units designed to be joined into one (1) 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.
MOBILEHOME LOT
A parcel of land in a mobilehome park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobilehome.
MOBILE HOME PARK
See §1304.01-1.01.005.
MOTOR VEHICLE GASOLINE STATION
See §1304.01-4.06.003.
MOTOR VEHICLE SALES, REPAIR, AND RENTAL
See §1304.01-4.06.001.
MOTOR VEHICLE SERVICE
See §1304.01-4.06.002.
MULTI-FAMILY DWELLINGS - NEW CONSTRUCTION
See §1304.01-1.02.001.
MORTUARY/FUNERAL HOME
See §1304.01-3.01.002.
MULTI-FAMILY DWELLINGS - CONVERSION FROM ANOTHER USE
See §1304.01-1.02.002.
MUNICIPAL AUTHORITY
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."
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint Planning Commission.
MUNICIPALITY
Any city of the second class A or third class, borough, incorporated town, township of the first or second class, county of the second class through eighth class, home rule municipality, or any similar general purpose unit of government which shall hereafter be created by the General Assembly.
MUSEUM
See §1304.01-3.02.004.
NEIGHBORHOOD ART STUDIO
See §1304.01-4.09.008.
NEIGHBORHOOD COMMERCIAL
See §1304.01-4.09.
NEIGHBORHOOD EATERY
See §1304.01-4.09.001.
NEIGHBORHOOD GROCERY STORE
See §1304.01-4.09.002.
NEIGHBORHOOD HAIR CARE
See §1304.01-4.09.006.
NEIGHBORHOOD MEDICAL OFFICE
See §1304.01-4.09.009.
NEIGHBORHOOD OFFICE
See §1304.01-4.09.004.
NEIGHBORHOOD PUBLIC SERVICE
See §1304.01-4.09.005.
NEIGHBORHOOD RETAIL BOUTIQUE
See §1304.01-4.09.003.
NEIGHBORHOOD TAILOR / DRESSMAKER
See §1304.01-4.09.007.
NO-IMPACT HOME BASED BUSINESS
See §1304.01-7.10.
NONCONFORMITIES
a) NONCONFORMING LOT- 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.
b) NONCONFORMING STRUCTURE- 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.
c) NONCONFORMING USE- 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.
NURSING HOME
See §1304.01-3.09.003.
ON-LOT STORAGE
See §1304.01-7.07.
OPEN SPACE AND PARKS
See §1304.01-5.04.002.
OVER-THE-AIR RECEPTION DEVICE (OTARD)
See §1304.01-7.06.
PARENT INSTITUTION
An educational, religious, or governmental organization or agency which directly owns or manages real property and may include facilities which serve its resident population such as group homes, dormitories, or residence halls. The parent institution must be licensed, accredited, or registered as appropriate for its use.
PARKING
a) PARKING LOT- An uncovered, but possibly fenced, lot whose principal use is for the short-term, daily or overnight off-street parking of motor vehicles.
b) PARKING SPACE - An off-street space on a lot with an all-weather surface available for the parking of one (1) motor vehicle and having an area of not less than one hundred sixty-two (162) square feet or ninety-six (96) square feet for a sub-compact parking space, exclusive of passageways and driveways appurtenant thereto, and having direct access to a street.
c) CONTRACT PARKING- Long-term or specified-term parking arranged in advance, usually on a fixed-fee basis.
d) SHARED PARKING - Parking space that can be used to serve two (2) or more individual land uses without conflict or encroachment.
e) PUBLIC ACCOMMODATIONS - Private entities offering goods and services to the public may not discriminate against individuals with disabilities due to a lack of building accessibility.
f) DEMAND- The number of potential customers for a parking facility or parking system.
g) DEMAND/SUPPLY- A ratio of parking demand (vehicles) to parking supply (spaces) indicating an excess or shortage of available space.
h) OFF-STREET- Beyond the right-of-way of a public street or highway.See §1304.01-7.04.
i) ON-STREET- Curb parking on a public street or highway.
PARKING GARAGE
See §1304.01-5.02.001.
PARTY WALL
A wall on an interior lot line used, or a wall adapted for, joint service between two (2) buildings.
PEDESTRIAN ARCADE
An exclusively pedestrian accessway connecting two (2) or more other public ways, having a total area of five hundred (500) square feet, being at least ten (10) or more feet in all dimensions and open to the public during business hours.
PERMIT
a) BUILDING PERMIT - A permit authorizing construction work in accordance with the Pennsylvania Uniform Construction Code.
b) ZONING PERMIT- A permit authorizing use, construction, or occupancyin accordance with zoning, subdivision, and land development ordinance requirements.
PERSONAL CARE FACILITY
See §1304.01-3.09.004.
PET GROOMING
See §1304.01-4.03.004.
PHOTOVOLTAIC ENERGY SYSTEM (PERSONAL)
See §1304.01-7.13.
PLAN
A map indicating the subdivision or re-division of land, or a land development, intended to be filed for record.
a) FINAL PLAN - A map of a proposed plan drawn in accordance with the requirements of the Subdivision/Land Development Ordinance and submitted to the Planning Commission for review and recommendation and to City Council for final approval and is the plansubmitted for recording to the Office of the Recorder of Deeds of York County.
b) PRELIMINARY PLAN - A map showing the layout of a proposed plan submitted for tentative approval by the Commission in accordance with the requirements of the Subdivision/Land Development Ordinance.
c) SKETCH PLAN - A map showing the layout of a proposed plan with sufficient accuracy to be used for the purpose of discussion in accordance with the requirements of the Subdivision/Land Development Ordinance.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
See §1304.01-1.05.001.
PLANNING AGENCY
The York City Planning Commission and its staff.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
POLICE & FIRE STATIONS
See §1304.01-5.01.001.
PRESERVATION OR PROTECTION
When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.
PRINCIPAL SUPPLY UTILITY
See §1304.01-5.03.001.
PROFESSION
Any vocation or business.
PROFESSIONAL CONSULTANTS
People who provide expert or professional advice, including, but not limited to: architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
PUBLIC GROUNDS
a) Parks, playgrounds, trails, paths and other recreational areas and other public areas;
b) Sites for schools, sewage treatment, refuse disposal and other publicly-owned or operated facilities; and
c) Publicly-owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by City Council or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this ordinance.
PUBLIC MEETING
Forum held pursuant to notice under 65 Pa.C.S. CH.7 (relating to open meetings).
PUBLIC NOTICE
Notice published once each week for two (2) 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 thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing.
PUBLIC RECREATION FACILITIES
See §1304.01-5.04.003.
PUBLIC SERVICE OFFICE
See §1304.01-5.01.002.
QUARRYING, PROCESSING, STORAGE, AND SALE OF STONE AND RELATED
PRODUCTS
See §1304.01-6.03.001.
RECESSED BUILDING STORY
A story of a building, other than the first story, for which the exterior front wall is setback, or recessed, from the lower story front walls.
RECREATIONAL FACILITY, COMMERCIAL
See §1304.01-4.03.006.
RECREATION VEHICLE
A trailer or vehicle designed, constructed and equipped as a dwelling place, living abode or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on street and highways. A trailer or vehicle designed or adapted and used exclusively for recreational purposes. The vehicle shall be licensed by a state or commonwealth, bearing current inspection stickers, and capable of being legally operated on public right-of-ways.
RECYCLING FACILITY
See §1304.01-6.02.005.
RENEWABLE ENERGY SOURCE
Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to: biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.
REPAIR
Any construction which replaces materials but does not change the height, number of stories, size or location of a building or other structures.
REPAIR AND MAINTENANCE OF SMALL APPLIANCES, CLOTHING, JEWELRY, RADIO/TELEVISION, TOOLS, BICYCLES, GUNS, LOCKS, SHOES
See §1304.01-4.03.005.
REPORT
Any letter, review, memorandum, compilation or similar writing made by anybody, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RESIDENCE HALL
See §1304.01-1.04.004.
RESERVE STRIP
A strip of land following the right-of-way line of a street and adjacent to it and is intended to control access to the street from adjacent property.
RETAIL - GENERAL
See §1304.01-4.07.001.
RETAIL - SHOPPING CENTER
See §1304.01-4.07.002.
RETAINING WALL
A structure made of concrete, masonry, wood or other material designed to resist lateral soil load for the purpose of maintaining an elevation difference of one (1) foot or greater from one (1) side to the other.
RETIREMENT VILLAGE
See §1304.01-1.04.007.
RIGHT-OF-WAY
a) RIGHT-OF-WAY- Land set aside to be used for streets, crosswalks or utility lines.
b) EXISTING RIGHT-OF-WAY- The legal right-of-way as established by the Commonwealth, City or other legal authority and currently in existence.
c) ULTIMATE OR FUTURE RIGHT-OF-WAY- The right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads, or a right-of-way established to provide future access to or through undeveloped land.
ROOMER, BOARDER OR LODGER
A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging and/or board and lodging for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation for less than a week at a time shall be classified, for purposes of this Zoning Ordinance, not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment, such as a motel, hotel or bed-and-breakfast facility.
ROOMING HOUSE / BOARDING HOUSE
See §1304.01-7.17.
SANITARY LANDFILL
See §1304.01-6.02.006.
SCREENING
A barrier to visibility, airborne particles, glare and noise between adjacent properties composed entirely of trees, shrubs, hedges or other plant material or by a fence, a berm and/or a wall.
SETBACK
The minimum required horizontal distance between a setback line and a property or street line.
a) SETBACK, FRONT - The distance between the street line or property line and the front setback line.
b) SETBACK, REAR - The distance between the rear lot line and the rear setback line.
c) SETBACK, SIDE - The distance between the side lot line and the side setback line.
d) SETBACK LINE - A line within and across a lot defining the required minimum yard between any structure and any adjacent street/property line.
SEWAGE FACILITY
See §1304.01-5.03.002.
SIGN
SINGLE FAMILY ATTACHED DWELLING
See §1304.01-1.01.002.
SINGLE-FAMILY DETACHED DWELLING
See §1304.01-1.01.001.
SINGLE FAMILY SEMI-ATTACHED DWELLING
See §1304.01-1.01.003.
SLOPE
The steepness, incline, gradient, or grade of a straight line. A higher slope value indicates a steeper incline. The ratio of the "rise" divided by the "run" between two (2) points on a line, or in other words, the ratio of the altitude change to the horizontal distance between any two (2) points on the line.
SOLAR HOT WATER SYSTEM (PERSONAL)
See §1304.01-7.15.
SPECIAL EXCEPTION
A use permitted in a particular Zoning District pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.
SPECIALIZED INSTRUCTION- DANCE, MUSIC, AND ART
See §1304.01-3.03.003.
STADIUM
See §1304.01-5.04.001.
STREET
A public or private thoroughfare used, or intended to be used, for passage or travel by pedestrians, bicycles and motor vehicles. Terms may include alley, avenue, boulevard, drive, bypass, expressway, freeway, highway, lane, parkway, road or street. Streets are furtherclassified by the functions they perform and as designated in the Strategic Comprehensive Plan. Street classifications include, but may not be limited to the following:
a) ARTERIAL STREET - A higher-order street intended for large volumes of traffic movement that connect population and employment centers and whose access is generally limited tocontrolled intersections. A street that is so designated in the Strategic Comprehensive Plan.
b) COLLECTOR STREET - A middle-order street intended to carry medium volumes of traffic that connect lower-order or local streets to higher-order or arterial streets. A collector streetserves neighborhood areas and provides access to arterial streets. A street that is so designated in the Strategic Comprehensive Plan.
c) LOCAL STREET - A lower-order street intended for lower levels of traffic used primarily to provide access to abutting properties and generally serving internally developed areas.Designed to carry lower levels of traffic. A street that is so designated in the Strategic Comprehensive Plan.
d) ALLEY OR HALF STREET - A street built along a property line and generally parallel to it which has a right-of-way whose width is less than normally required. A permanent service-way providing a secondary means of access to abutting lands.
e) CUL-DE-SAC - A local street with only one (1) outlet and having the other end for the reversal of traffic movement.
f) MARGINAL ACCESS STREET - A local street, parallel to an arterial or collectorstreet, providing access to abutting properties and separation from through traffic while directing traffic to improved intersections to reduce curb cuts to a collector or arterial street.
g) SECONDARY ACCESS STREET - A public or private street, alley or right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
h) STREET LINE - The dividing line between the street and a lot; the limit of a right-of-way.
STREETSCAPE
The visual impression of the built environment along a street created by building setbacks, rooflines, building mass, architectural styles and elements, building materials and texture, sidewalks, signage, trees, landscaping and furniture.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STUDENT
a) COLLEGE STUDENT - A person, generally over the age of eighteen (18), who is registered to be enrolled or who is enrolled and matriculating at a college, university or similar institution of higher education.
b) GRADE SCHOOL STUDENT - A person, generally under the age of eighteen (18), who isregistered or enrolled at an elementary or secondary school, or similar institution.
STUDENT HOME
See §1304.01/1.04.006.
SUBCOMPACT VEHICLE
The classification of automobile size made on the basis of the area the vehicle occupies. The length and width of the vehicle, measured in feet, is multiplied to give the area covered by the vehicle. Cars, and other motor vehicles, with a figure of eighty-five (85) square feet or less are considered sub-compact vehicles.
SUBDIVISION
The division or re-division of a lot, tract or parcel of land by any means into two (2) 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 ten (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the municipal engineer, at least ninety percent (90%) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SWIMMING POOL (PRIVATE)
See §1304.01-7.03.
TAILORING / DRESSMAKING
See §1304.01-4.08.006.
TATTOO / BODY ART
See §1304.01-4.08.003.
TERMINAL, TAXI CAB or MASS TRANSIT
a) TERMINAL- A building which serves as the end of a transit carrier line, including its maintenance, repair and storage facilities. The building can be used for taxi cabs or mass transit vehicles.
b) STATION - A building other than a bus shelter, which is a regular stopping place on a transportation route. Such a building is primarily for the use of passengers. The building can be used for taxi cabs or mass transit vehicles.
THEATER
See §1304.01-3.03.005.
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
An area of land developed for a compatible mixture of residential units for various income levels and nonresidential commercial and workplace uses, including some structures that provide for a mix of uses within the same building. Residences, shops, offices, workplaces, public buildings, and parks are interwoven within the neighborhood so that all are within relatively close proximity to each other. Traditional neighborhood development is relatively compact, limited in size and oriented toward pedestrian activity. It has an identifiable center and a discernible edge. The center of the neighborhood is in the form of a public park, commons, plaza, square or prominent intersection of two (2) or more major streets. Generally, there is a hierarchy of streets laid out in a rectilinear or grid pattern of interconnecting streets and blocks that provides multiple routes from origins to destinations and is appropriately designed to serve the needs of pedestrians and vehicles equally.
UNUSABLE LAND
Land that cannot be built upon due to slope, topography, hydrology or soil condition.
USE
a) USE- Any activity occurring or intending to occur in a building or other structure, or on a lot. Article 1303 identifies permitted uses within each zoning district.
b) ACCESSORY USE- A subordinate use listed in Article 1303 Districts, under the use regulations for each Zoning District and normally located on the same lot with a principal use. If no principal use exists on a lot with a lawful accessory use, then such accessory use shall be considered a principal use.See Table 1303.08.
c) PRINCIPAL USE- The primary purpose, or purposes for which a lot and/or structure is occupied as listed in the use regulations for each district. See Table 1303.08.
UTILITY
a) UTILITY - Any utility coming under the jurisdiction of the Public Utility Commission of Pennsylvania.
b) SUPPLY UTILITY- Any water, electric, gas or oil generating or treatment facility, supply works, substation, transmission line, distribution line or associated right-of-way.
c) ACCESSORY SUPPLY UTILITY- Any supply utility, or part thereof, located on a lot to which commercial service is provided or within a street right-of-way.
d) PRINCIPAL SUPPLY UTILITY- Any supply utility that is not an accessory supply utility.
VARIANCE
Relief granted pursuant to the provisions of Article 1310.
VENDING DEVICE
A device, motorized or not, which is intended to dispense and/or collect a product with or without a fee. Included in this definition are soda machines, candy/snack machines, newspaper boxes, clothing collection boxes, and other similar devices. Mailboxes and library return boxes are specifically excluded from this definition. See §1304.01-7.18.
VETERINARIAN / ANIMAL HOSPITAL - HOUSEHOLD PETS
See §1304.01-3.08.001.
VETERINARIAN / ANIMAL HOSPITAL - NON-HOUSEHOLD PETS
See §1304.01-3.08.002.
WALLOR FENCE
A structure which permanently or temporarily prohibits or inhibits travel between properties or portions of properties or between the street or public right-of-way and a property.
WAREHOUSE, DISTRIBUTION, WHOLESALE BUSINESS
See §1304.01-6.01.002.
WATER FACILITY
See §1304.01-5.03.003.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater and surface-water resources within a municipality.
WETLANDS
An area that is 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 condition, including swamps, marshes, bogs, swales and similar areas.
WIND ENERGY SYSTEM (PERSONAL)
See §1304.01-7.14.
YARD
An open unoccupied space unobstructed from the ground up, except as may be modified by this ordinance.
a) FRONT YARD - A minimum required area bounded by the street line, building setback line or front building line whichever is greater and the side lot lines.
b) REAR YARD - An area bounded by the rear lot line, rear setback line or rear building line whichever is greater and the side lot lines.
c) SIDE YARD - An area bounded by the side lot line or side building line whichever is greater, front and rear setback line.
d) UNIMPROVED YARD - A yard without surface material, such as macadam, cement or a minimum four (4) inches of stones.
ZONING OFFICER
The duly appointed City Official designated to administer and enforce this Zoning Ordinance.
DIAGRAMS - The following diagrams are provided to illustrate various definitions.
Single-Family Detached Dwelling Unit
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Traditional Style Example
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Single-Family Semi-Detached Dwelling Unit
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Lot Type Diagram
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