Borough of Gettysburg

ACCESSORY BUILDING

A building detached from and subordinate to the main building on the same lot and used for purposes customarily incidental to the main building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of the lot or building and located on the same lot with such principal use of the lot or building.

ADAPTIVE REUSE

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

ADULT BOOKSTORE

A use with a significant portion of the market value of or total number of items for sale or rent being books, films, magazines, videotapes, coin- or token-operated films, novelties, items, paraphernalia or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, describing or relating to uncovered male or female genitals or specified sexual activities (see definition). This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law.

ADULT DAY-CARE CENTER

A use providing supervised care and assistance primarily to persons who are over age 60 and/or are not in good physical health, are suffering from Alzheimer's disease, are developmentally disabled and/or are physically handicapped, and who need such daily assistance because of such condition. This use shall not include persons who need oversight because of behavior that is criminal or violent to others. 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 USE OR FACILITY

A use including live entertainment involving persons (which may include but is not limited to waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or nearly nude female breasts (including but not limited to the wearing of only pasties) or engaging in simulated or actual specified sexual activities related to some form of monetary compensation paid to a person, company or organization operating the use or to persons involved in such activity.

ADULT MOVIE THEATER

A use involving the presentation, typically to three or more persons at one time, of motion pictures, videotapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of specified sexual activities for observation by patrons therein and that is related to some form of monetary compensation by the persons viewing such matter. A theater that only shows such films or videotapes for a maximum of 14 days in any calendar year shall not be considered an adult movie theater.

ADULT USE

Includes only the following: adult bookstore, adult movie theater, massage parlor or adult live entertainment use.

AFTER-HOURS CLUB

A commercial use or membership club that permits the consumption of alcohol and is routinely open between the hours of 2:00 a.m. to 4:00 a.m., in addition to any other hours. See State Act 219 of 1990, which generally prohibits this use.

ALLEY

A minor public or private right-of-way providing a secondary means of access to abutting properties.

ALTERATION

As applied to any building, structure or sign, any change, rearrangement or relocation in the structural parts.

AMUSEMENT ARCADE

An indoor commercial use with four or more electronic machines for amusement or entertainment, with such machines activated by the use of tokens or coins.

ANIMAL HOSPITAL

Shall have the same meaning as "veterinarian office."

ANTENNA, PRIVATE

A device, partially or wholly exterior to a building, that is used for receiving and/or transmitting electronic signals or short-wave or citizens' band radio frequencies and which is not a commercial communications tower and other than a satellite antenna. This includes any accessory supporting structures.

APARTMENT (CONVERSION)

A dwelling created by converting an existing building into a dwelling for one or more families.

Code requirements on Apartment Conversions can be found here.

APARTMENT HOUSE

A building designed and used exclusively as a residence for three or more families living independently of each other.

APPLICANT

The person(s), company, partnership, profit or nonprofit corporation, trust or other entity responsible for a particular application for an approval or permit under this chapter, and his/her heirs, successors and assigns.

AREA (BUILDING)

The total area, taken on a horizontal plane, at the grade level of a building, exclusive of uncovered porches, terraces and steps.

AUDITORIUM, COMMERCIAL

A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances or sports events, but not a use that meets the definition of a movie theater, adult live entertainment use or standard or fast-food restaurant.

AUTO REPAIR GARAGE

A building and/or land where repairs, improvements and installation of parts and accessories for motor vehicles 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 any 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 a auto service station is also permitted as part of an auto repair garage. This use shall not include a use meeting the definition of a "truck stop."

AUTO SERVICE STATION

A building and/or land where gasoline is sold, 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. This use may include the sale of ready-to-eat food for consumption off the lot and of common household products as a clearly accessory use. An accessory use providing only motor fuel to vehicles operated by that business shall not be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop."

AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES

A building or 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 or 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 or a junkyard.

BED-AND-BREAKFAST USE

The use of a single-family detached dwelling and/or accessory structure which includes the rental of transient lodging accommodations and bathroom access, with a maximum of 10 rooms, and which does not provide any cooking facilities or provision of meals for guests other than breakfast.

BETTING USE

A use where lawful gambling activities are conducted, including but not limited to off-track parimutuel betting. This term shall not include betting under the state lottery programs or betting under the small games of chance provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a membership club).

BICYCLE PARKING

A space for the temporary storage of a bicycle in the form of a rack, locker, or storage area used exclusively for the storage of bicycles.

BLOCK

A tract of land, lot, or group of lots, bounded by streets, alleys, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Borough or any combination of the above.

BOARD

The Zoning Hearing Board of the Borough of Gettysburg.

BOARDINGHOUSE or ROOMING HOUSE

A residential use in which:
A. Individual rooms that do not meet the definition herein of a dwelling unit are rented for habitation by a total of two or more persons.
B. A dwelling unit that includes more than the permitted maximum number of unrelated persons. A boardinghouse shall not include a use that meets the definition of a hotel, dormitory, fraternity, sorority, motel, life-care center, personal-care center, bed-and-breakfast use, group-care home or nursing home. A boardinghouse may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of 30 consecutive days.

BOROUGH

The Borough of Gettysburg, Adams County, Pennsylvania.

BOROUGH COUNCIL

The Borough Council of the Borough of Gettysburg.

BUILDING

Any enclosed structure having a roof and walls which has been designed and built for the shelter, housing enclosure or protection of individuals, animals, equipment or property of any kind.

BUILDING (PRINCIPAL)

A building in which is conducted the principal use of the lot on which it is located.

BUILDING FACADE

An exterior side of a building.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the ground level at the two front corners of the building to the highest point of the roof, excluding chimneys, spires, and other similar projections.

BUILDING SETBACK LINE

The line within which the principal building shall be located, bounding that portion of the lot not contained within the required side and rear yards, and not contained within the space between the property line and the build-to line.

BUILD-TO LINE

A building location line where the primary facade of a building is required to be constructed, usually in alignment with other buildings on the block; a line parallel to and measured at a distance from the street curbline.

CARTWAY

The surface of a road or street available for vehicular traffic.

CEMETERY

Land or buildings used for the burial of deceased humans, but not animals. The interment or scattering of remains of properly cremated humans is not regulated by this chapter.

CHILD DAY-CARE CENTER AS A PRINCIPAL USE

A type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary operator.

CHILD DAY-CARE CENTER AS AN ACCESSORY USE

A type of day-care use that provides care for six or fewer children at one time who are not relatives of the caregiver.

COMMERCIAL COMMUNICATIONS TOWER

A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals. Commercial communications towers include but are not limited to antennas used for transmitting commercial radio or television signals or cellular telephone communications but shall not include an amateur radio antenna.

COMMERCIAL OUTDOOR RECREATION

A use that:
A. Is used principally for active or passive recreation (such as a driving range).
B. Is used for a profit-making purpose.

COMMERCIAL USE

Includes retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.

COMMISSION

Includes retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.

COMMISSION

The Planning Commission of the Borough of Gettysburg.

COMPREHENSIVE PLAN

The document entitled the "Gettysburg Comprehensive Plan," or any part thereof, adopted by the Borough Council, as amended.

CONDITIONAL USE

A use which is allowed or denied by the Borough Council after review by the Planning Commission.

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 either the Pennsylvania Unit Property Act of 1963 or the Pennsylvania Uniform Condominium Act of 1980, as amended.

CONSTRUCTION

Includes the placing of construction materials in permanent position and fastening in a temporary or permanent position and/or the demolition of a preexisting building.

CONTROLLED SUBSTANCE

A drug, substance or immediate precursor as defined in Schedules 1 through 5 of the Pennsylvania Controlled Substance, Drug Device and Cosmetic Act, 35 P.S. § 790.104, or any amendments thereto.

CONVENIENCE STORE

A use that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 4,000 square feet. This use may also include the accessory sale of gasoline, provided that the requirements for an auto service station are also met.

CONVERSION

To change or adapt land or structures to a different use.

COUNTY

The County of Adams, Commonwealth of Pennsylvania.

CULTURAL CENTER

A building and/or land open to the public which primarily contains exhibits of clearly artistic or cultural interest, such as a museum, library, art gallery or indoor nature study area. This shall not include uses that are primarily commercial in nature.

DAY-CARE, CHILD

A use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. Any such use shall meet state licensing requirements, as applicable.
A. The following three types of day care are permitted without regulation by this chapter:

(1) Care of children by their own relatives.
(2) Care of children within a place of worship during regularly scheduled weekly religious services.
(3) Care of one to three children within any dwelling unit, in addition to children who are relatives of the caregiver.

B. See also the definition of "adult day-care center."
C. CHILD DAY-CARE CENTER AS AN ACCESSORY USE

A type of day-care use that provides care for six or fewer children at one time who are not relatives of the caregiver.

D. CHILD DAY-CARE CENTER AS A PRINCIPAL USE

A type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary operator.

DAYS

Calendar days.

DEMOLITION

The act of razing, tearing down or dismantling a preexisting building or other structure.

DENSITY

The total number of dwelling units proposed on a lot divided by the lot area, unless otherwise stated.

DISTRIBUTION

The processing of materials so as to sort out which finished goods are to be transported to different locations and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration and packaging. This term shall not include a trucking company terminal.

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-THRU FACILITIES

Facilities that accommodate motor vehicle pick-up or delivery of goods or products as regulated in § 27-1524: Additional Requirements for Certain Specific Principal Uses , Subsection 200.

DRIVE-THRU RESTAURANT

A public eating place (restaurant) whose business features the sale of quickly prepared or ready-to-eat foods, primarily for takeout, as opposed to a restaurant that prepares food to order primarily for in-house consumption.

DRUG PARAPHERNALIA

Any objects, devices, instruments, apparatus or contrivances whose primary and traditionally exclusive use is in connection with the illegal use of any and all controlled substances under the laws of Pennsylvania.

DWELLING

A building or portion thereof designed for and used for residential occupancy.

DWELLING (APARTMENT)

See "dwelling (multifamily)."

DWELLING (MULTIFAMILY)

A building used by three or more families living independently of each other, with their own cooking and bath facilities, including apartment houses and condominiums.

DWELLING (SINGLE-FAMILY, ATTACHED)

A building used by one family, having two common walls with other dwellings, except for the end units, which may have only one common wall with a row of two or more other dwelling units, including townhouses, row houses, triplex, quadplex, and other like type combinations, and also including such combinations as a condominium unit.

DWELLING (SINGLE-FAMILY, DETACHED)

A detached building used by one family having only one dwelling unit.

DWELLING (SINGLE-FAMILY, SEMIDETACHED)

A building used by one family, having one common wall with only one other dwelling, commonly referred to as a "duplex" or "twin unit."

DWELLING (TWO-FAMILY, DETACHED)

A building used by two families, with one dwelling unit arranged over the other, and having two side yards.

DWELLING UNIT (DU)

One or more rooms, with separate cooking and bath facilities, used or designed for use by one or more persons maintaining a common household, with access directly from outdoors or through a common entrance.

EMERGENCY SERVICES STATION

A building for the housing of fire, emergency medical or police equipment and for related activities (including the housing of emergency personnel while on duty). The existence of a membership club at an emergency service station is permissible and included in this definition if such a club is otherwise permitted in the district.

ESSENTIAL SERVICES

Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. Essential services shall be limited to the following: utility lines, wells, stormwater management facilities and mailboxes. 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 trucks or equipment or bulk storage of materials.

EXERCISE CLUB

A facility that offers indoor or outdoor recreational facilities, such as the following: weight rooms, exercise equipment, and nonhousehold pool and racquetball courts.

EXPOSURE

The failure to conceal with a fully opaque covering the sexual or genital parts of the body of any person.

FAMILY

A household consisting of one or more persons related by genetics, adoption, or marriage, or a group of four or fewer persons who are not related by genetics, adoption, or marriage and none of whom are wards of the court unless such wards are related by genetics, adoption, or marriage to members of such group living in a dwelling unit. Family homes shall include state-licensed adult family homes, state-licensed foster family homes, group care facilities, and group care homes for the disabled required to be accommodated as residential uses pursuant to the Fair Housing Act. The term "family" shall exclude individuals residing in halfway houses, group homes licensed for juvenile offenders, or other facilities, whether or not licensed by the state, where individuals are incarcerated or otherwise required to reside pursuant to court order under the supervision of paid staff and personnel.

FENCE

A man-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. Man-made barriers constructed principally of masonry, concrete, cinder block 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. The terms "fence" and "wall" do not include hedges, trees or shrubs.

FINANCIAL INSTITUTION

An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.

FLOOR AREA, HABITABLE

The sum of the horizontal areas with at least seven-foot ceilings used for habitable space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. (See "habitable space" definition.)

FRATERNITY

A form of student housing in which a group of male students, formally organized under a charter from a national or local Greek organization, holds regular meetings and has formal membership requirements. This form of student housing contains sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests and is affiliated with a college or like-type institution of higher learning.

GARAGE (PRIVATE)

An accessory building for the storage of motor vehicles owned and operated by the owner or occupants of the premises, provided that space for the storage of not more than two vehicles may be leased to nonresidents.

GARAGE SALE

The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character.

GREEN AREA

The portion of a lot that is not paved or covered by buildings or other like-type impervious surfaces, that is devoted to landscaping, lawns, gardens, and other like-type vegetated surfaces.

GROSS SQUARE FEET

The total number of square feet within the inside finished wall surface of the outer building walls of a structure.

GROUP-CARE HOME

A dwelling to accommodate a group of persons, not to exceed 10, living together in a functional equivalent of a biologically related family, providing specialized services to the residents. Such facilities shall be licensed or operated by a state or county agency and shall have 24 hours per day on-site supervision by qualified staff. The group-care home shall also meet the following criteria and the standards of § 27-1518: Group-Care Homes :
A. Involves persons functioning as a common household.
B. Involves providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution, because of physical disability, old age, mental retardation or other handicap as defined by applicable federal law.
C. Does not meet the definition of a "treatment center."
D. Does not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.

HABITABLE SPACE

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

HAZARDOUS WASTE

Those wastes where significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated or disposed of in a manner customarily accepted for ordinary solid wastes. This also includes wastes subject to special state or federal licensing or regulation, including but not limited through the Pennsylvania Solid Waste Management Act, as amended.

HEAD SHOP

Any business, the operation of which involves the sale, lease, trade or display for sale of any and all types of drug paraphernalia.

HELIPORT

An area used for the takeoff and landing of helicopters, together with any related support facilities, such as for maintenance, refueling and storage. This chapter is not intended to regulate the emergency landing and takeoff of aircraft to pick up seriously injured or ill persons.

A. PUBLIC HELIPORT
A heliport that does not meet the definition of a "private heliport."
B. PRIVATE HELIPORT
A heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public. This is also known as a "helistop."

HOME OCCUPATION

A use which is incidental or secondary to the residential use of a dwelling and which is conducted entirely within the dwelling by one of the residents.

HOMESTAY

A dwelling unit wherein a maximum of two rooms are available for use or are used for short-term lodging, and where such lodging is provided for compensation, and where the dwelling unit is concurrently occupied as a permanent residence by the operator.

HOSPITAL

A use involving the diagnosis, treatment or other medical or hospice care of humans that includes but is not limited to care requiring stays overnight. A medical-care use that does not involve stays overnight shall be considered a "medical office or clinic."

HOTEL

A building consisting of individual rooms designed and used primarily for transient lodging, where such lodging is provided for compensation (with or without meals), in which provisions for cooking are generally not made in individual rooms or suites, and where individual rooms or suites are accessed from hallways internal to the building. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a "boardinghouse" and shall meet the requirements of that use as set forth herein. See also a bed-and-breakfast use as defined herein. A hotel may include a restaurant, nightclub, newsstand or tavern, provided that such uses are clearly accessory to the principal use of overnight accommodations.

IMMEDIATE PRECURSOR

A substance which under the regulations of the Pennsylvania Department of Health is a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used in the manufacture of a controlled substance.

INDUSTRIAL MANUFACTURE

As used in the context of home occupations in § 27-1504: Home Occupations , the fabrication of products by means of an industrial operation not customarily associated with a residential use.

INDUSTRIAL OPERATION

An industrial land use which involves the making or producing of goods by manual labor or machinery on a scale that goes beyond a conventional or normative residentially based level of production.

INFILL

The use of relatively small lots that are surrounded by older development.

INN

A public accommodation that may or may not consist of a private dwelling, which contains 20 or fewer bedrooms, used for providing transient lodging accommodations and which does not provide any cooking facilities or provision of meals for guests other than breakfast.

INTERNAL PARKING

Parking area provided within a building housing one or more permitted uses.

KENNEL

A building or structure for housing more than four dogs that are more than six months old.

LIBRARY

See "cultural center."

LIVE-WORK UNIT

A vertically mixed-use building involving a commercial use or uses, such as a shop, studio, office, or other place of business, on the ground floor in combination with a dwelling unit or units located above such place of business. A person or persons other than the proprietor of the business may occupy a live-work unit.

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.

LOT AREA

The area contained within the property lines of a lot, excluding space within the legal public right-of-way, but including the area of an easement.

LOT COVERAGE

The percentage of a lot covered by buildings, paved areas, gravel areas, and other like-type surfaces through which water does not or can not infiltrate.

MASSAGE

Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of, the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.

MASSAGE PARLOR

Any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business where a person who does not belong to any nationally recognized massage therapy association, or is not a graduate of any recognized training school in massage therapy engages in or carries on the practice of massage.

MEMBERSHIP CLUB

An area of land or building 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. The club shall involve a meaningful and substantial membership system, as opposed to a token system. This use shall not include a target range for outdoor shooting, a boardinghouse, a tavern, a restaurant or an auditorium, unless that particular use is permitted in that district and the requirements of that use are met. See also "after-hours club."

MIXED-USE BUILDING

A building that includes, or is proposed to include, two or more different permitted uses which are allowed by right in the zoning district in which the building is located.

MIXED-USE BUILDING, EXTENDED HEIGHT

A building that includes, or is proposed to include, two or more different permitted uses with a height permitted above that which is allowed by right in the zoning district in which the building is located by meeting certain incentive-based criteria as set forth in the regulations contained in Part 15: GENERAL AND SUPPLEMENTAL REGULATIONS of this chapter.

MOBILE HOME

A transportable single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.

MOBILE/MANUFACTURED HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile/manufactured homes for nontransient 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 home park."

MOTEL

A building or group of buildings, whether detached or in connected units, containing individual rooms designed and used primarily for transient lodging, together with accessory off-street parking facilities, and where such individual rooms are accessed from the sidewalks or walkways on the exterior of the building. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a "boardinghouse" and shall meet the requirements of that use as set forth herein. See also a bed-and-breakfast use as defined herein. A motel may include a restaurant, nightclub, newsstand or tavern, provided that such uses are clearly accessory to the principal use of overnight accommodations.

MULTIFAMILY DWELLING

See "dwelling, multifamily."

MUNICIPALITIES PLANNING CODE

The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988, and as may be further amended (53 P.S. § 10101 et seq.).

NATURE PRESERVE

A noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.

NET SQUARE FEET

The total number of square feet within the inside finished wall surface of the outer building walls of a structure, excluding major vertical penetrations of the floor (elevator and other mechanical shafts; stairwells), mechanical equipment, parking areas, common restrooms, common lobbies, and common hallways.

NIGHTCLUB

A tavern or restaurant that has a primary or substantial portion of the total trade in the sale of alcoholic beverages, which frequently charges admission or cover charges for entertainment or music for dancing, and which has a capacity of more than 250 persons for such entertainment or dancing. See also "after-hours club."

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including but not limited to parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.

NONCONFORMING BUILDING

A building or structure which does not conform to the regulations of the district in which it is located.

NONCONFORMING USE

A use which does not conform to the regulations of the district in which it is located.

NURSING HOME

A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons.

OBSCENE MATERIALS

Any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure, image, motion picture, sound recording, article, instrument, or any other written or printed matter which:
A. Depicts or describes in a patently offensive manner sexual conduct, sexual excitement or sadomasochistic abuse (in the case of articles or instruments) and which is designed or intended for use in achieving artificial sexual stimulation.
B. Taken as a whole, appeals to the prurient interest.
C. Taken as a whole, does not have serious literary, artistic, political or scientific value.

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 manufacturing uses but may include business offices, medical or dental offices, clinics or laboratories, photographic studios and/or television or radio broadcasting studios.

OFFICIAL ZONING MAP

The map as adopted by the Borough Council which designates the location and boundaries of zoning districts.

OFF-PREMISES PARKING

A parking area or facility located on a lot other than the lot on which the use is made and is located.

ORDINANCE, THIS

The Gettysburg Zoning Ordinance, including the Official Zoning Map, as amended.

PARKING DECK

A multilevel structure designed to accommodate vehicular off-street parking spaces.

PAVED or PAVING

To lay or to cover with materials that form a firm surface, such as concrete, asphalt or compacted stones. Other materials that are marketed for the purpose of paving shall also be considered paving. All materials shall form a solid area that would not allow materials to be washed away or move from their original location. For the purpose of this definition, asphalt or concrete shall be used in all parking areas and driveways into parking areas with nine or more spaces. Parking areas with eight or fewer spaces may use alternative materials under this definition. Refer to the Borough's Technical Provisions (Standards) for construction details.

PERMANENT RESIDENCY or RESIDENTIAL OCCUPANCY

Permanent, full-time habitation in a dwelling unit for a period of 30 consecutive days or more.

PERSON

An individual, partnership, corporation, firm, association or company.

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, state-licensed massage therapists, photography studios, shoe repair shops, household appliance repair shops, and other similar establishments but shall not include any adult uses.

PERSONAL-CARE HOME or CENTER

A residential use providing residential and support services primarily to persons who are over age 60, physically handicapped and/or mentally retarded and that is licensed as a personal-care center by the Commonwealth of Pennsylvania.

PETS, KEEPING of

The keeping of domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasure of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops.

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. A place of worship may include one dwelling unit as an accessory use. If a religious use, if primarily residential in nature, it shall be regulated under the appropriate dwelling type.

PLANT NURSERY

The indoor and/or outdoor raising of trees, plants, shrubs or flowers for sale, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for internal decoration of homes, such as a Christmas tree farm.

PRIMARY FACADE

The exterior wall of that portion of a building along which there is street frontage. On a corner lot, there shall be at least two primary facades.

PROFESSIONAL OFFICE

A building in which services are performed by a member of a profession, including but not limited to an accountant, architect, author, community planner, dentist, engineer, insurance agent, landscape architect, lawyer, minister, notary, optometrist, physician, professor, or realtor.

PROFESSOR

A faculty member of the highest academic rank at an institution of higher education; a teacher at a university or college.

PROJECTION TO A BUILDING

A portion or section of a building that projects beyond the facade, such as a window, doorway, stoop, portico, or porch.

PRURIENT INTEREST

Is to be judged with reference to average adults in the local community, unless it appears from the nature of the material or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, in which case the predominant appeal of the matter shall be judged with reference to its intended recipient group.

PUBLIC PARKING FACILITY

An off-street area or structure that is owned, leased or operated by the Borough, or operated on behalf of the Borough for the purpose of parking by the general public, with or without compensation. A parking lot or parking facility in the Borough that is controlled by a public agency other than the Borough shall be treated as a private off-street parking facility under this chapter.

PUBLICLY OWNED RECREATION

Land and/or facilities that are owned by a government agency or the Borough and are available for use by the general public for leisure and recreation.

RECESS OR SETBACK TO A BUILDING

A portion or section of a building that recedes from the facade, such as a foyer, hallway, vestibule, alcove, or other like-type architectural indentation.

RECREATION VEHICLE/RECREATIONAL VEHICLE

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

RECREATION, COMMERCIAL

Leisure-time uses that are principally operated for commercial purposes.

RECREATION, PRIVATE

Noncommercial leisure-time uses that are only open to members, guests or some specific groups.

RECYCLING COLLECTION CENTER

A use for collection and temporary storage of more than 500 pounds of common household materials for recycling but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor 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, an emergency services station or a college or university.

REDEVELOPMENT

The reuse, alteration, enlargement, or extension of a building by 25% or more of the gross floor area of a building.

RELATED or RELATIVE

Persons who are closely related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: 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 shall not include relationships such as second, third or fourth cousins.

REPAIR OF HOUSEHOLD ITEMS

Shops for the repair of appliances, watches, televisions, guns, bicycles and other items commonly used in the inside of dwellings or offices.

RESTAURANT

An establishment where the principal business is the sale of food and beverages in a ready-to-consume state.

RESTAURANT, SMALL

An establishment where the principal business is the sale of food and beverages in a ready-to-consume state, with a seating area of no more than 500 net square feet. Typical uses include cafes and coffee shops.

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.

ROOMING HOUSE

See "boardinghouse."

SADOMASOCHISTIC ABUSE

Flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or a bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

SATELLITE DISH ANTENNA or SATELLITE ANTENNA

A reflector, usually parabolic in shape, that receives electronic signals from a satellite. This term shall also include any pedestal or attached structure.

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 (such as privately operated schools of trade, vocation or business).

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.

SEXUAL CONDUCT

Actual or simulated acts of human masturbation, sexual intercourse or any touching of the clothed or unclothed genitals, pubic area or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex, or between humans and animals.

SEXUAL EXCITEMENT

The condition of human male or female genitalia when in the state of sexual stimulation or arousal.

SEXUAL OR GENITAL PARTS

Includes the genitals, pubic area, buttocks, anus or perineum of any person or the vulva or breasts of a female.

SHARED PARKING

A parking area or facility used jointly and in common by multiple uses located on the same lot.

SHOPPING CENTER

A use involving five or more retail or personal service uses or establishments and that primarily involves retail sales. If two or more abutting lots each include five or more retail sales uses and are developed under common ownership, then those lots shall together be considered as one shopping center. A shopping center may also include a mix of permitted personal service, office and/or commercial recreation uses.

SHORT-TERM LODGING

Any dwelling unit or portion thereof that is available for use or is used for transient lodging, and where such lodging is provided for compensation. Includes homestay and vacation rental uses as defined herein.

SITE PLAN REVIEW

Review of a site plan by the Planning Commission and/or the Borough Council that is required for certain uses.

SOCIAL CLUB or LODGE

An establishment used for the purpose of gathering of members of a recognized nonprofit organization. Entrance to such establishment is usually restricted, unless dues are paid in advance, except for occasional public events sponsored by the organization.

SOLID WASTE

Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, institutional, public, household, commercial or mining activities.

SOLID WASTE TRANSFER FACILITY

A facility which receives and temporarily stores solid waste at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal and which may or may not involve the separation of recyclables from solid waste. Also see the definitions in Title 25 of the PADER regulations.

SORORITY

A form of student housing in which a group of female students, formally organized under a charter from a national or local Greek organization, holds regular meetings and has formal membership requirements. This form of student housing contains sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for sorority members and their guests, and is affiliated with a college or like-type institution of higher learning.

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 that the use complies with the conditions and standards required by this chapter.

SPECIFIED SEXUAL ACTIVITIES

One or more of the following:
A. Human male genitals in a visible state of sexual stimulation.
B. Acts of human masturbation, sexual intercourse, oral sex or sodomy.
C. Fondling or other erotic touching of human genitals.

STAFF HOUSING

Housing for bona-fide full-time employees of a college, university, seminary or health-care facility.

STREET

A public right-of-way providing vehicular access to abutting properties.

STRUCTURE

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

STUDENT HOUSING

A multifamily dwelling with rooms for rental to students. The owner, or person responsible, 21 years of age or over, shall live on the premises.

STUDENT HOUSING, INSTITUTIONAL

A dwelling in accordance with § 27-1524: Additional Requirements for Certain Specific Principal Uses , § 27-1524(2)(II)(1), that is owned or managed by a public or private educational institution or school for academic instruction, with rooms for use by students, such as a dormitory, sorority or fraternity, whether located on-campus or off-campus.

SWIMMING POOL

Any object which is designed to contain water to a depth of 18 inches or more or has a surface area in excess of 50 square feet.

TEMPORARY BUILDING/STRUCTURE

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

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.

TRADE SCHOOL

A facility that is primarily intended for education of a work-related skill or craft or a hobby and that does not primarily provide state-required education to persons under age 16. This shall include a dancing school, martial arts school or ceramics school.

TRADITIONALLY EXCLUSIVE USE

A primary and inherent use which has historically been the sole use as opposed to a secondary and incidental one.

TRANSIENT LODGING

Lodging provided for compensation for periods of less than 30 consecutive days.

TRANSIT FACILITY

A building, grounds, and/or fixed stop location from which bus service, jitney service, or other similar mass transit services are provided.

TREATMENT CENTER

A use (other than a prison or a permitted accessory use in a hospital) providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays of less than one year and who need such facilities because of:

A. Criminal rehabilitation, such as a criminal halfway house or a treatment/housing center for persons convicted of driving under the influence of alcohol.
B. Addiction to alcohol and/or a controlled substance.
C. A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.

TRUCK STOP

A commercial use that primarily involves providing fuel and other services to tractor-trailer trucks. This use may also involve providing repair services, sale of gifts and various household items, a restaurant, showers and a motel.

TRUCKING COMPANY TERMINAL

A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer trucks, and that does not involve substantial processing or repackaging of the materials.
A. A use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a distribution use.
B. A trucking company terminal may include the following as clearly accessory uses if they are closely related to the principal use: repair, washing, refueling and maintenance facilities for trucks using the terminal, administrative uses for the terminal and rest facilities for truck drivers using the terminal.

VACATION RENTAL

A dwelling unit that is available for use or is used for short-term lodging, and where such lodging is provided for compensation, and where the dwelling unit is not concurrently occupied by the operator of the use.

VETERINARIAN OFFICE

A building routinely used for the treatment of animals and related housing or boarding of sick animals. Treatment of small animals includes only small domestic animals, including but not limited to dogs, cats, rabbits, birds or fowl. Treatment of large animals includes all types of animals, including horses, cows and pigs. Housing primarily healthy animals shall be considered a kennel and shall meet the requirements of that use.

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 Pennsylvania law and/or regulations.

WHOLESALE

Sales that primarily involve transactions with other businesses and their agents and not to the general public.

YARD

An unoccupied space, other than a court, open to the sky on the same lot with a building or structure.

YARD, FRONT

A yard nearest to the street extending the full width of the lot, between the build-to line and the front lot line. Also, see "build-to line."

YARD, REAR

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

YARD, SIDE

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

ZERO-LOT-LINE DEVELOPMENT

A form of development where a building, usually a single-family detached or semidetached dwelling, is placed on a side lot line with no setback from that lot line and has only one side yard.

ZONING MAP

The Official Zoning Map of Gettysburg Borough, Adams County, Pennsylvania.

ZONING OFFICER

The designated administrative officer who serves as the Zoning Officer for the Borough of Gettysburg and who is charged with the duty of enforcing the provisions of this chapter.

ZONING ORDINANCE

The Gettysburg Zoning Ordinance, as amended.

Borough of Gettysburg, PA

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