[Amended 3-1-1995 by Ord. No. 1995-2; 3-20-1996 by Ord. No. 1996-1; 11-20-1996 by Ord. No. 1996-5; 6-18-1997 by Ord. No. 1997-1; 10-21-1998 by Ord. No. 1998-7; 4-7-1999 by Ord. No. 1999-1; 8-18-1999 by Ord. No. 1999-3; 9-6-2000 by Ord. No. 2000-3; 11-20-2002 by Ord. No. 2002-04; 2-19-2003 by Ord. No. 2003-02; 2-19-2003 by Ord. No. 2003-03; 7-19-2006 by Ord. No.
2006-01]
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meaning herein
indicated. Words in the singular include the plural and those in the
plural include the singular.
ACCESSORY BUILDING
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
use.
ACCESSORY USE
A use subordinate to the principal use of the land or of
a building on a lot an customarily incidental hereto.
ACT
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988 and as it may be further amended
from time to time.
ADJUSTED LOT AREA
The lot area that remains for purposes of calculating density and coverage once the limitations listed in §
225-15G are deducted from the gross lot area.
AGRICULTURE
The cultivation of the soil and the raising and harvesting
of the products of the soil including, but not by way of limitation,
nurserying, horticulture, forestry and the breeding and raising of
customary domestic animals for the purpose of profit.
ALTERATIONS
Any enlargement/reduction of a structure or change in the
supporting members of a building structure such as bearing walls,
columns, beams or girders, joints or rafters or enclosing walls or
any changes in the facade of a building.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
[Added 7-20-2016 by Ord.
No. 2016-03]
APARTMENT
See "dwelling, multifamily — apartment."
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
AUTOMOTIVE REPAIR FACILITY
A facility which houses an automobile body repair garage
which may include paint spraying and body and fender work within an
enclosed building as well as mechanical repair.
AUTOMOTIVE SALES AGENCY
The use of any building, land area or other premises for
the display of new or used automobiles, panel trucks or vans, trailers
or recreation vehicles and including any warranty repair work and
other repair service conducted as an accessory use.
BASEMENT
A.
A basement is an enclosed area partly or completely
below grade. It shall be considered a building story if:
(1)
More than 33 1/3% of the perimeter walls
are five feet or more above grade.
(2)
If the net area of the door or window openings
in the exterior is at least equal 10% of the enclosed floor area.
B.
For purposes of §
225-24, any area of the building having its floor below ground level on all sides.
[Amended 7-19-2017 by Ord. No. 2017-05]
BEACON
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also, any light with one or more beams that rotate or move.
BED-AND-BREAKFAST
A use accessory to an owner-occupied, single-family detached
dwelling, consisting of guest rooms available for short term overnight
rental and the provision of breakfast service to overnight guest.
BLOCK
An area of land bounded by streets.
BOARD
The Board of Supervisors of East Caln Township.
BUFFER AREA
A landscaped area adjacent to a property boundary which does not contain any structures except for those permitted in §
225-17A and which is planted and maintained as required in §
225-17A.
BUILDING
Any structure which has enclosed walls and a roof including
house trailers and mobile homes.
BUILDING COVERAGE
The area of a lot covered by a building(s). Such measurement
is the horizontal section of a building taken at its greatest outside
dimensions on the ground floor.
BUILDING LINE
A line within a property parallel to the building set back
line but passing along the exterior of the front wall of the principal
structure on the lot at the point closest to the street line.
BUILDING SETBACK LINE
An established line within a property defining the minimum
required distance between any structure to be erected and an adjacent
right-of-way or street line.
BULK
A term used to describe the size of buildings or other structures
and their relationships to each other, to open areas such as yards
and to lot lines and is used in conjunction with such expressions
as:
A.
The size including height and floor area of
buildings and other structures.
B.
The relation of the number of dwelling units
in a residential building to the area of the lot.
C.
All open areas in yard space relating to buildings
or other structures.
BUS SHELTERS
A structure provided for the protection and safety of users
of public transportation facilities.
CALIPER
The diameter of a tree measured at 4 1/2 feet from the
ground level.
CHURCH
A building or group of buildings including customary accessory
buildings designed or intended for organized religious services.
CLUB and/or LODGE
Building utilized as a private club offering restaurant and/or
bar privileges.
CO-LOCATION
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals (or other transmissions developed
in the future) for communications purposes.
[Added 7-20-2016 by Ord.
No. 2016-03]
COMMERCIAL RECREATION
A building, land and/or structure used for the purpose of
providing recreational facilities for a charge to the general public.
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, 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.
COMMUNICATIONS AND DATA SERVICE CENTER
An establishment primarily engaged in the provision of broadcasting
and other information-relay services accomplished through the use
of electronic and telephonic mechanisms. Excluded are facilities classified
as major utility services or broadcasting or communications towers.
Typical uses include television studios, telecommunications service
centers, or film and sound-recording facilities.
[Amended 7-20-2016 by Ord. No. 2016-03]
COMMUNITY CENTER
A building or group of buildings, owned and operated by a
governmental entity or a charitable organization as defined by the
U.S. Internal Revenue Code of 1954, devoted exclusively to civic,
social, recreational, educational or cultural group activities including
premises and facilities appropriate to such activities; provided,
however, that the premises shall not include living quarters.
CONSERVATION AREA
An environmentally sensitive area with characteristics such
as steep slopes, wetlands, floodplains, high water tables, forest
areas, endangered species habitat or other areas of significant environmental
importance that have been designated for, or are deserving of, protection
from any activity that would significantly alter their ecological
integrity, balance or character.
CONSERVATION SUBDIVISION
A subdivision designed specifically to protect natural resource
areas, scenic views and other environmentally constrained areas, while
providing the landowner an opportunity to achieve the density permitted
in the underlying zoning district. Passive recreation activities may
be incorporated into the conservation areas.
CORPORATE CAMPUS DEVELOPMENT
A group of commercial office establishments constructed and
managed as a single, overall entity and consisting of office structures
and the necessary commercial establishments to provide service to
the employees and clientele of the department together with associated
parking and provisions for vehicular access.
DAY CARE CENTER
A facility in which day care is provided for children or
adults without provisions for over night sleeping. Such facility shall
be operated under the regulations of the Commonwealth of Pennsylvania
and the provisions of this chapter.
DAY CARE CENTER, CHILDREN'S
A facility, other than a single-family dwelling unit, in
which day care is provided for children. Such facility shall be operated
under the regulations of the Commonwealth of Pennsylvania and the
provisions of this chapter.
DAY CARE HOME, FAMILY
Any single-family dwelling unit which is occupied by the
caregiver, operated for profit or not for profit, in which child day
care is provided at any one time to four, five or six children who
are not relatives of the caregiver.
DAY CARE HOME, GROUP
Any single-family dwelling unit which is occupied by the
caregiver, operated for profit or not for profit, in which child day
care is provided at any one time for six or more, but less than 12,
children who are not relatives of the caregiver.
DENSITY
A term used to express the ratio between dwelling units and
acreage.
DEVELOPER
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made or applies
for plan approval of a subdivision of land or land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structure, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land or the storage of materials or equipment.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 7-20-2016 by Ord.
No. 2016-03]
DWELLING
Any building containing one or more dwelling units. See "dwelling
unit."
DWELLING, CONDOMINIUM
The system of separate ownership of individual units in a
multi-unit building or buildings under the provisions of the Pennsylvania
"Uniform Condominium Act of 1980," its supplements or amendments.
DWELLING, MULTIFAMILY
A building designed for and occupied exclusively as a residence
for three or more families living independently of one another.
DWELLING, MULTIFAMILY — APARTMENT
A multifamily dwelling where individual units share a common
outside access and share a common yard area. Such dwellings contain
two or more dwelling units in a single structure separated by party
walls.
DWELLING, SINGLE-FAMILY ATTACHED
A dwelling with party walls separating two or more dwelling
units and having independent and separate exterior access such as
duplex, quadruplex, multiplex, townhouse, patio house, atrium house
and/or other like units.
DWELLING, SINGLE-FAMILY ATTACHED-TOWNHOUSES
A single-family, attached dwelling within a building with
more than one other single-family attached dwelling units separated
by one or two unpierced party walls from ground to roof.
DWELLING, SINGLE-FAMILY DETACHED
A building designed for and occupied exclusively as a residence
for one family and having no party wall in common with an adjacent
dwelling unit. Where a private garage is structurally attached to
such building it shall be considered a part of the dwelling.
DWELLING, TWO-FAMILY
A building designed for and occupied exclusively as a dwelling
for two families.
DWELLING UNIT
A building or portion thereof, forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating exclusively by one family.
EATING ESTABLISHMENT
Any form of restaurant and/or tavern open to the public and
dispensing food and drink.
EMERGENCY
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 7-20-2016 by Ord.
No. 2016-03]
EMERGENCY SERVICES STATION
A building or group of buildings used for the housing of
fire protection and other emergency services equipment, training facilities
and accessory uses for fund raising activities for volunteer emergency
services organizations.
ENLARGEMENT
An enlargement is an addition to the floor area of an existing
building, an increase of the size of another structure or an increase
in that portion of a lot occupied by an existing use.
FAMILY
A.
A single person occupying a dwelling unit.
B.
Two or more persons related by blood or marriage
occupying a dwelling unit, including not more than two boarders, roomers
or lodgers.
C.
Not more than three unrelated persons occupying
a dwelling unit, living together.
FCC
Federal Communications Commission.
[Added 7-20-2016 by Ord.
No. 2016-03]
FENCE
An artificially constructed barrier of a single material
or combination of materials erected to enclose or screen areas of
land.
FLOOD or FLOODING
A general and temporary condition or partial complete inundation
of normally dry land areas from:
A.
The overflow of inland or tidal waters.
B.
The unusual and rapid accumulation of runoff
or surface waters from any source.
C.
Mudslides (i.e., mudflows) which are approximately
caused or precipitated by accumulation of water on or under the ground.
D.
As otherwise described in §
225-24.
[Added 7-19-2017 by Ord.
No. 2017-05]
FLOOR AREA
Floor area is the sum of the area of the several floors of
a building or buildings measured from the face of the exterior walls
or from center lines of walls separating two buildings. In particular,
floor area includes but is not limited to the following:
A.
Basement space if it meets the requirement of
a building story.
B.
Elevator shafts, stairwells and attic space
(whether or not a floor has been laid) providing structural headroom
of eight feet or more.
C.
Roofed terraces, exterior balconies, breezeways
or porches, provided that over 50% of the perimeter of these is closed.
D.
Any other floor space used for dwelling purposes,
no matter where located within the building.
E.
The area of accessory buildings.
FUNERAL HOME
A building used for the preparation of the deceased for burial
or cremation and the display of the deceased and ceremonies connected
therewith before burial or cremation.
GASOLINE SERVICE STATION
A building and accompanying structures in which the sale
of motor fuels constitutes 25% or more of gross income.
GEOTHERMAL ENERGY SYSTEM
An energy-generating system utilizing the earth's thermal
properties to meet all or part of the heating requirements of the
on-site user. Specific terms include:
[Added 5-21-2014 by Ord. No. 2014-02]
A.
BOREHOLESA penetration of soil and/or rock that is augured, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed which is generally cylindrical in shape and whose diameter is generally smaller than its depth of penetration. Used in closed vertical loop geothermal systems.
B.
CLOSED-LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that consists of the following basic elements: underground loops of piping; approved, nontoxic heat transfer fluid; a heat pump; and an air distribution system; intended to utilize the earth's constant temperature for improved heat pump efficiency. The fluid is circulated through the piping from the ground into the heat exchanger and back. The system functions in the same manner as an open-loop system except there is no pumping of groundwater.
C.
OPEN-LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that utilizes a water-supply well, or other sources, and a pump to deliver groundwater to a heat exchanger. The discharge water from the heat exchanger may be returned to the subsurface through a recharge well or infiltration bed or may be discharged into a pond, lake, or stream. [PROHIBITED]
HEIGHT OF BUILDING
A building's vertical measurement from level of the ground five feet from the face of the building at any point along the perimeter of the building to a point midway between the highest and lowest points of the roof. (See §
225-15E for exceptions.)
HELIPORT
An improved area either at ground level or elevated on a
structure, licensed or approved for the loading and takeoff of helicopters
and including auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the U.S. Department of
Interior) or preliminarily determined by the U.S. Secretary of the
Interior as meeting the requirements for individual listing on the
National Register.
B.
Certified or preliminarily determined by the
U.S. Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district.
C.
Individually listed on a State inventory of
historic places in states with historic preservation programs which
have been approved by the U.S. Secretary of the Interior.
D.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(1)
By an approved State program as determined by
the U.S. Secretary of the Interior.
(2)
Directly by the Secretary of the Interior in
states without approved programs.
HOME OCCUPATION
An activity for financial gain customarily carried on in a dwelling or in a building or structure accessory to a dwelling, as an accessory use of the dwelling in accordance with §
225-20B(5).
HOSPITAL
An establishment, licensed by the Pennsylvania Department
of Health, which provides health services primarily for inpatient
medical or surgical care of the sick or injured, including such related
facilities such as laboratories, outpatient departments, training
facilities, central services and staff offices as in integral part
of the establishment.
HOTEL
A building used for the purpose of furnishing for compensation
for overnight lodging to the public.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to structures such as roofs, buildings
and storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, paver areas and paved
courts; or athletic playfields comprised of synthetic turf materials.
[Amended 7-20-2011 by Ord. No. 2011-02; 4-13-2016 by Ord. No. 2016-01]
A.
Materials such as gravel, mulch and stone may be excluded from
the calculation of lot coverage when designed and maintained as part
of a predominantly vegetated surface, including landscaping and stormwater
management facilities.
B.
When determined by the Township as appropriate, porous pavement
may be used for stormwater management purposes but shall not be excluded
from the calculation of lot coverage.
C.
When used for driveways, parking areas or other areas subject
to settling, sedimentation or compaction, all materials shall be evaluated
for runoff in their most impervious condition.
D.
Pool surface area is not considered impervious. However, coping,
decking and any patio area surrounding the pool is determined to be
impervious and shall not be excluded from the calculation of lot coverage.
IMPROVEMENT
The construction of any type of structure or pavement excluding
driveways.
INDEPENDENT LIVING FACILITY
A building containing multiple residential dwelling units
for persons who are 55 years of age and older that qualifies for the
exemption to the prohibition against discrimination based on familial
status found in Section 3607(b)(1) of the United States Fair Housing
Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons
Act of 1995 and the regulations promulgated thereunder. The facility
may include accessory uses, such as common kitchen facilities and
dining rooms, activity and meeting rooms, storage areas, recreation
and exercise facilities, sundries store, administrative offices and
a beauty/barber shop.
[Added 12-7-2011 by Ord. No. 2011-07]
INSTITUTION
A building and grounds, a portion of which is used for the
residence of more than three unrelated persons who occupy the buildings
for a common purpose, to include hospitals, convents, school dormitories
and nursing homes.
JUNK YARD
An area of land, with or without buildings, used for storage
outside a completely enclosed building of used and discarded materials
including, but not limited to, wastepaper, rags, metal, building materials,
house furnishings, machinery, vehicles or parts thereof, with or without
the dismantling, processing, salvage, sale or other use of disposition
of the same. The deposit or storage on a lot of two or more unlicensed,
wrecked or disabled vehicles, or the major part thereof, is a junk
yard.
KENNEL
An establishment where six or more dogs, cats or like domesticated
animals more than one year old are kept, boarded, groomed, trained,
raised or bred for compensation.
LABORATORY, RESEARCH
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two 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.
(2)
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
LANDFILL
A disposal site employing an engineering method of disposing
of solid wastes in a manner that minimizes environmental hazards by
spreading, compacting to the smallest volume and applying cover material
over all exposed waste at the end of each operating day. The term
landfill includes secure, unsecured and sanitary landfills.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder or an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other persons having a proprietary interest in the land.
LANDSCAPED AREA
That portion of a tract or lot in which plantings have been installed in accordance with the provisions for landscaping in §
225-17A.
LARGE RETAIL
Establishments greater than 100,000 square feet in size engaged
in selling goods or merchandise to the general public.
LOADING SPACE
A space, accessible from a street or way, in building or
on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
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 total horizontal area within the lot lines of a lot following
exclusion of:
A.
Areas within an existing or proposed, public
or private, easement or right-of-way the terms or conditions of which
restrict or limit the nature, dimensional characteristics or intensity
of development or development activities within the said easement
or right-of-way.
B.
In the case of an interior lot, any right-of-way,
easement or accessway connecting such interior lot to a road or street.
C.
Areas of steep slope, watercourses, wet and alluvial soils, floodplains and wetlands described in §
225-15G.
LOT, CORNER
A lot bounded on at least two sides by intersecting streets,
or upon two parts of the same street, whenever the lines of such streets
extended from an interior angle of 135° or less. Both yards adjacent
to streets shall be considered front yards. The remaining two yards
shall be side yards.
LOT COVERAGE
The percentage of the lot area which is building area and/or
covered by impervious materials and/or paved area.
LOT LINE, FRONT
The front lot line is the line separating the lot from the
street right-of-way.
LOT LINE, REAR
The rear lot line is any line, except the front lot line,
which is parallel to, or within 45° of being parallel to, and
does not intersect any street line.
LOT LINE, SIDE
A side lot line is any lot line which is not a front lot
line or a rear lot line.
LOT, REVERSE FRONTAGE
A lot with frontage on two streets which provides vehicular
access solely from the street with lesser functional classification.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
the basement). An unfinished, flood-resistant, partially enclosed
area used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
[Added 10-18-2006 by Ord. No. 2006-03]
LUMINAIRE
A complete lighting unit, lighting unit assembly (including
reflectors, bulb, glassware, socket, etc.) and accessories for mounting.
MAJOR RETAIL DEVELOPMENT
A development consisting of retail stores containing in the
aggregate 350,000 square feet or more of total building area and where
no more than 5% of the total building area is dedicated to retail
stores which have an area within the demising walls of less than 5,000
square feet. Any change in the allocation of space (changes in the
demising walls) after the recording of an approved Development Plan
shall require a new conditional use application pursuant to this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Added 10-18-2006 by Ord. No. 2006-03]
MANUFACTURED HOME PARK
A parcel of land, under single ownership, which has been
planned and improved for the placement of two or more manufactured
homes for nontransient use.
[Added 10-18-2006 by Ord. No. 2006-03]
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products including the assembling
of component parts, the manufacturing of products and the blending
of materials.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MEDICAL CLINIC
An establishment where patients are admitted for examination
and treatment by one or more qualified persons in medical arts and
where patients are not lodged overnight.
MIXED TOWN USE
A combination of small and large retail uses and multi-family apartment use in accordance with the requirements set forth in §
225-9E. The small retail use component of the Mixed Town Use shall not exceed more than two pad sites, neither of which shall exceed 7,000 square feet of floor area.
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. For purposes of §
225-24 of this chapter, a mobile home shall be a manufactured home as defined in §
225-24.
[Amended 7-19-2017 by Ord. No. 2017-05]
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MOBILE HOME SPACES
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
MODIFICATION
The collocation, improvements, upgrade, expansion, removal,
or replacement of an antenna or any other transmission equipment associated
with the supporting structure.
[Added 7-20-2016 by Ord.
No. 2016-03]
MONOPOLE
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground, or
on top of a structure, to support communications antennas and connecting
appurtenances.
[Added 7-20-2016 by Ord.
No. 2016-03]
MOTEL
One or more buildings suitable for occupancy containing rental
units, designed or used primarily for the accommodations of overnight
travelers and having for each rental unit a separate outside entrance
and parking space.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after September 24,1980, and including any subsequent improvements
to such structures.
NONCONFORMING LOT
A lot area or dimension which was lawful prior to the adoption
of or amendment to this chapter or amendment, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such chapter or amendment
or prior to the application of such chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs and buildings.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provision in this chapter or amendment heretofore
and hereafter enacted where such use was lawfully in existence prior
to the enactment of this chapter or amendment or prior to the application
of such chapter or amendment to its location by reason of annexation.
OFFICE
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations of a business, professional service, industry
or government.
OFFICE CAMPUS
A development on a tract of land that contains a number of
separate office buildings, supporting uses and open space designed,
planned, constructed and managed on an integrated and coordinated
basis.
OFFICE/WAREHOUSE
A use where no less than 25% of the structure is an office
directly related to the adjoining warehousing and distribution, processing
or assembly use.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Planning Code, as amended.
OFF-SITE SEWER SERVICE
Off-site sewer service is the disposal of sewage by use of
a sanitary sewer system served by a central sewage treatment facility
approved by the Pennsylvania Department of Environmental Protection.
OFF-SITE WATER SERVICE
Off-site water service is a safe, adequate and healthful
supply of water to more than one principal use from a common source
approved by the Pennsylvania Department of Environmental Protection.
ON-SITE SEWER SERVICE
On-site service is the disposal of sewage by use of septic
tanks, drain fields or other safe and healthful means within the confines
of the lot on which the use is located, a permit for which has been
issued by the Chester County Health Department.
ON-SITE WATER SERVICE
On-site water service is a safe, adequate and healthful supply
of water to a single user from a private well within the confines
of the lot on which the use is located, a permit for which has been
issued by the Chester County Health Department.
OPEN SPACE
An area to remain in a substantially undeveloped condition
in perpetuity providing for natural resource preservation and/or passive
recreational uses, including public access to same.
[Added 6-30-2010 by Ord. No. 2010-01]
OPEN SPACE RECREATION
An area designed to provide outdoor recreation facilities
for the residents of a specific area or of the Township as a whole.
Any structure must be accessory to the outdoor recreation facility
use.
OPEN SPACE SUBDIVISION
A subdivision designed to provide open space for the primary purpose of recreation in accordance with §
225-22, while providing the landowner an opportunity to achieve the density permitted in the underlying zoning district. Such subdivisions may include conservation areas as well.
PARK
An area of land usually in a natural site, for the enjoyment
of persons, having facilities for rest and recreation.
PARKING SPACE
A dustless, all-weather surface designed and constructed
according to all applicable regulations for the storage of one vehicle.
PAVED AREA
The area of a lot covered by bituminous or concrete paving
or other tightly bound, relatively impervious surfaces not intended
to have vegetative cover, including, but not limited to, spaces for
parking, driveways, access roads, sidewalks and walls.
PERSON
The word "person" includes an individual, corporation, partnership,
incorporator's association or any other similar entity.
PERSONAL SERVICE SHOP
A building or portion of a building in which the services
of a person permitted to practice a specific profession are offered
to the general public. Examples of such uses include agents, barbers,
beauticians, doctors, lawyers, optometrists, photographers, post offices,
repairing, tailors, undertakers and utility collection offices.
PLANTING SCREEN
A strip of deciduous and evergreen planting to be maintained and provide effective screening throughout the year. The design and composition of a planting screen are specified in §
225-17A.
PRIVATE
Any activity limited to members of an organization or to
persons specifically invited where no advertisement or inducement
has been made to the general public.
PROCESSING
A function involved in the manufacture of materials, goods
or products in which they are not physically changed.
PUBLIC
Any use in which the general public is involved.
PUBLIC GROUNDS
Includes:
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.
C.
Publicly owned or operated scenic and historic
sites.
PUBLIC HEARING
A formal meeting held pursuant to notice by the governing
body, Zoning Hearing Board or planning agency, intended to inform
and obtain public comment prior to taking action in accordance with
this chapter.
PUBLIC MEETING
A forum held in pursuant to notice under the act of July
3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days or less than seven days from the date
of the hearing.
QUARRY
An excavation or other place from which stone (including
limestone), gravel, sand, slate or other minerals are removed by cutting,
digging, blasting or other means and including, but not limited to,
those related operations of crushing, sorting, sizing or stockpiling
of quarried materials including overburden and topsoil as well as
settlement basins and equipment maintenance and parking area.
RECREATIONAL VEHICLE
A vehicle which is:
[Added 10-18-2006 by Ord. No. 2006-03]
A.
Built on a single chassis;
B.
Not more than 400 square feet, measured at the
largest horizontal projections;
C.
Designed to be self-propelled or permanently
towable by a light-duty truck;
D.
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
RESTAURANT
A building used for the purpose of furnishing food to the
public to be consumed on the premises.
RESTAURANT, DRIVE-THRU SERVICE
A fast food restaurant or section thereof which is designed
to allow for the serving and pick up of food, without leaving the
vehicle, for off-premises consumption.
RESTAURANT, FAST FOOD
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the building or off the premises.
RETAIL STORE
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
RIGHT-OF-WAY
The surface of and the space above and below any real property
in the Township set aside for streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area or property under the control of the Township or commonwealth,
and any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township or commonwealth.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
[Added 7-20-2016 by Ord.
No. 2016-03]
ROOMING HOUSE
A dwelling in which sleeping accommodations are provided
for rent to less than 10 persons, whether or not the serving of meals
is included.
SCHOOL
A religious, sectarian, nonsectarian, denominational private
institution or a public institution which is not conducted as a private
gainful business and are licensed by the State.
SHOPPING CART
A cart, dolly, hand truck or similar device utilized to transport
merchandise from a store through adjacent access and/or parking areas
for the convenience of customers.
SHOPPING CENTER DEVELOPMENT
A development consisting of retail stores, business and professional
office and community center uses containing in the aggregate between
50,000 and 500,000 square feet of total building area and where no
more than 50% of the total building area is dedicated to retail stores
which have an area within the demising walls of less than 10,000 square
feet. Any change in the allocation of space (changes in demising walls)
after the recording of an approved development plan shall require
a new conditional use application pursuant to this chapter.
SIGN
A sign is any letter, word, model, device, symbol or representation
intended as an announcement, direction or advertisement and may be:
A.
Either freestanding or attached to another structure;
or
B.
Painted or otherwise affixed on the exterior
wall of a building or other structure.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any adjoining property.
SMALL RETAIL
Establishments within a Mixed Town Use not greater than 7,000 square feet in size to be located on not more than two pad sites consisting of any combination of the following uses: (1) retail store(s) engaged in selling goods, merchandise or personal or household services to the general public; (2) banks, savings and loans, credit unions and/or other financial offices; (3) day-care center pursuant to §
225-14D; and (4) restaurant provided it complies with the parking regulations set forth in §
225-9E.
SOLAR ENERGY
Energy which has been converted, through the use of a solar
energy system, from sunlight into usable electricity or to heat air,
water, or other fluids for use in hot water or space heating, or other
applications.
[Added 5-21-2014 by Ord. No. 2014-02]
SOLAR ENERGY SYSTEM
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user or which
is to be sold to a utility company to be used by others or sold directly
to other users. Particular types of energy systems include, but are
not limited to:
[Added 5-21-2014 by Ord. No. 2014-02]
A.
PHOTOVOLTAIC (PV) COLLECTORS, which convert solar energy into
electricity;
B.
SOLAR THERMAL COLLECTORS, which are designed to use solar energy
to heat air, water, or other fluids for use in hot water or space
heating, or other applications.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of §
225-42D of this chapter.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure, and facilities constructed to resemble trees, shrubs, and
light poles.
[Added 7-20-2016 by Ord.
No. 2016-03]
STEEP SLOPE
The area of land which is characterized by a change in elevation of 15% or more over a distance or contour specified in §
225-23.
STORAGE
An activity involving the depositing of materials, goods
or products for safekeeping.
STORY
A story is that portion of a building located between the
surface of any floor and the ceiling or roof next above it.
STREET
An avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct or any other ways used or intended to be used by vehicular
traffic or pedestrians whether public or private. All private streets
shall be constructed in accordance with the standards in the East
Caln Township Subdivision and Land Development Regulations of 1993,
as amended.
STREET LINE
A street line is the right-of-way line of the street which
provides access to the lot.
STRUCTURE
Any manmade object having an ascertainable stationary location
in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, conveyance or other transfer of ownership or
building or lot development; provided, however, that the subdivision
by lease of land for agricultural purposes into parcels of more than
10 acres, not involving any new street or easement of access or any
residential dwelling, shall be exempted.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes improvements to structures
which have incurred "substantial damage," as defined herein, regardless
of the actual repair work performed. The term does not, however, include
either:
A.
Any project for improvement of a structure to
correct existing violations of State or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions.
B.
Any alteration of an historic structure, as
defined herein, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
SUBSTANTIALLY CHANGE (with respect to wireless communications
facilities)
[Added 7-20-2016 by Ord.
No. 2016-03]
A.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
B.
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
THEATER
A building or contiguous buildings sharing a common entrance
designed and used for showing motion pictures or stage show presentations.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based wireless
communications facilities.
[Added 7-20-2016 by Ord.
No. 2016-03]
TOWNHOUSE
See "dwelling, single-family attached — townhouse."
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for East Caln Township
or East Caln Township Planning Commission.
TRACT
One or more lots assembled for the purpose of development
under provisions of this chapter.
TRUCK TERMINAL
A building or area in which freight brought by truck is assembled
and/or stored for routing or reshipment, and/or in which empty trailers,
including tractor and/or trailer units and other trucks, are parked
or stored.
UNIFORM CONSTRUCTION CODE (UCC)
The statewide building code, adopted by the Pennsylvania
General Assembly in 1999, applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable within the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 10-18-2006 by Ord. No. 2006-03]
USE
The purpose for which a building or other structure or tract
of land is used.
VARIANCE
Relief granted pursuant to the provisions of §
225-42C of this chapter.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, waterway, gully or ravine in which water flows in a definite
direction of course, either continuously or intermittently and has
a definite channel.
WETLANDS
Areas that are inundated and saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs and similar areas.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional
or professional business users or to other wholesalers or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
WIND CHARGER
A wind energy system direct-current generator used for charging
storage batteries.
[Added 5-21-2014 by Ord. No. 2014-02]
WIND ENERGY SYSTEM
An energy conversion system, typically consisting of a windmill
or wind turbine, a tower, and associated controls and appurtenances
(including electrical infrastructure and transmission lines), that
convert wind energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user, and/or which is to
be sold to a utility company to be used by others, or sold directly
to other users.
[Added 5-21-2014 by Ord. No. 2014-02]
WIND ENERGY SYSTEM HEIGHT
The distance measured from the ground to the highest point
of the extended blade tip or the highest point of the wind energy
system.
[Added 5-21-2014 by Ord. No. 2014-02]
WINDMILL
A device that generates energy by a wheel of adjustable blades
or slats rotated by the wind.
[Added 5-21-2014 by Ord. No. 2014-02]
WIND TURBINE
A device that converts wind energy into electricity through
the use of a wind turbine generator.
[Added 5-21-2014 by Ord. No. 2014-02]
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 7-20-2016 by Ord.
No. 2016-03]
WIRELESS COMMUNICATIONS FACILITY
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing or accommodating
wireless communications services.
[Added 7-20-2016 by Ord.
No. 2016-03]
WIRELESS COMMUNICATIONS FACILITY APPLICANT
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way or other Township-owned land or property.
[Added 7-20-2016 by Ord.
No. 2016-03]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 7-20-2016 by Ord.
No. 2016-03]
WOODLAND and FOREST
Those areas of extensive vegetation in which the dominant
plants are trees that are indigenous to the area.
YARD
A yard is that area of a lot which is open to the sky and
extends from the lot line (i.e., the front, rear or side lot lines
as defined herein) toward the interior of the lot, along the entire
length of the lot line to the minimum depth required by this chapter,
except that certain accessory structures, such as signs private driveway
and parking areas serving uses on the lot only, may be located within
the yard areas pursuant to specific authorization in this chapter.
YARD, FRONT
A yard extending along the full length of the front lot line.
YARD, REAR
A yard extending along the rear lot line of a property from
side yard to side yard.
YARD, SIDE
A yard extending along the side lot line from the front yard
to the rear lot line.
ZONING MAP
A map of East Caln Township indicating the location of boundaries
for each zoning district.
ZONING OFFICER
The municipal officer charged with enforcing the literal
terms of this chapter.