[Ord. 1983-4, 12/5/1983, § 12.3(a)]
1.Â
Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meaning herein indicated.
2.Â
Words used in the present tense include the future tense.
3.Â
The singular includes the plural.
4.Â
The word "person" includes an individual, a group of individuals,
a corporation, a partnership, an incorporated association, or any
other similar entity.
5.Â
The word "lot" includes the word "plot" or "parcel."
6.Â
The term "shall" is always mandatory.
7.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged, or designed
to be used or occupied."
[Ord. 1983-4, 12/5/1983; as amended by Ord. 1985-1, 6/3/1985;
by Ord. 91-2, 11/4/1991; by Ord. 1992-3, 10/5/1992, § 1;
by Ord. 1995-4, 11/6/1995, § 1; by Ord. 2001-2, 4/17/2001,
§ 1; by Ord. 2005-2, 2/7/2005; by Ord. 2008-2, 10/16/2008;
by Ord. 2008-3, 10/6/2008; and by Ord. 2008-6, 11/3/2008]
As used in this chapter, the following terms shall have the
meanings indicated:
A paved surface or unpaved surface other than a street, which
provides vehicular access from a street or private road to a lot.
A building detached from and subordinate to the main building
and used for purposes customarily incidental to the main building.
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use. Accessory use
shall include dumpsters.
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, and other audiovisual media
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" (as defined below), or an establishment
with a segment or section devoted to the sale or display of such material.
An area open to the air and not enclosed within any building,
used for presenting material distinguished or characterized by an
emphasis on matter depicting, describing or related to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein, which patrons observe such material
from a location within automobiles or other motor vehicles, seated
in autos or on outdoor seats.
An enclosed building with a capacity for less than 50 persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used at any time for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
An area neither enclosed nor open to the sky (i.e., a pavilion,
tent, etc.) where material presented is distinguished or characterized
by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" (as defined below)
for observation by patrons therein.
Agricultural commodities as defined in the Right to Farm
Act, 3 P.S. § 951 et seq.
[Added by Ord. 2014-1, 10/6/2014]
The tilling of the soil, the raising of crops, horticulture,
gardening, and including the production, keeping or maintenance, for
sale, lease or personal use, of plants and animals useful to man,
including but not limited to: forages and sod crops; grains and seed
crops; dairy animals and dairy products; poultry and poultry products;
livestock, including beef cattle, sheep, swine, horses, ponies, mules
or goats, or any mutations or hybrids thereof, including the breeding
and grazing of any or all of such animals; bees and apiary products;
fur animals; trees, tree farms, plant nurseries, horticulture, forestry,
forest products; fruits of all kinds, including grapes, nuts and berries;
vegetables; nursery, floral, ornamental and greenhouse products; or
lands devoted to a soil conservation or forestry management program.
[Amended by Ord. 2014-1, 10/6/2014]
A public thoroughfare other than a side street which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
A change in use in any district which includes revisions
to the zoning text and/or the official Zoning Map, and the authority
for any amendment lies solely with the Township Board of Supervisors.
A building used for the treatment, housing, or boarding of
animals by a veterinarian.
An apartment house created by altering an existing single-family
dwelling and increasing the number of dwelling units for rental purposes.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The total area taken on a horizontal plane at the main grade
level of the main building and all accessory buildings, exclusive
of uncovered porches, terraces and steps.
The area contained within the property lines of the individual
parcels of land, excluding any area within the street right-of-way
but including the area of any easement.
Any structure or building or part thereof that is used for
the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, trucks, or similar motor vehicles.
An accessory building for the storage of one or more automobiles
and/or other vehicles accessory and incidental to the primary use
of the premises, provided that no business, occupation, or service
is conducted for profit therein nor space therein for more than one
automobile is leased to a non-occupant of the premises.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles, and which may
include facilities used for polishing, greasing, washing, dry cleaning,
or otherwise cleaning or minor servicing of such motor vehicles.
The dismantling or wrecking of used automobiles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A story partly underground but having 1/2 or more of its
height above the average level of the adjoining ground.
A single-family detached dwelling where between one and 10
rooms are rented to overnight guests, not to exceed 20 guests on a
daily basis, for periods not exceeding two weeks.
[Added by Ord. 2014-1, 10/6/2014]
An area bounded by streets.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A building where, for compensation, lodging and meals are
provided for at least three but not more than 15 persons.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals,
or chattels, and including covered porches or bay windows and chimneys.
A building surrounded by open space on the same lot.
A line parallel to the front, side, or rear lot line set
so as to provide the required yard.
A building in which is conducted the principal use of the
lot on which it is located.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way.
Any one or more of the following, other than a hospital,
place of detention, school offering general instruction, or a trailer
camp:
Any area of land or water of a design or character used for
seasonal, recreational or other similar temporary living purposes
which may include any building or group of buildings of a movable,
temporary or seasonal nature, such as cabins, tents, or shelters.
Any land and buildings thereon, used for any assembly of persons
for what is commonly known as "day camp" purposes, whether or not
conducted for profit and whether occupied by adults or children, either
as individuals, families, or groups.
Portable living quarters designed and used only as temporary
shelter and conveniences while parked in a camp or camping ground
for seasonal recreational purposes, not serviced by permanent connections
to any utility, water supply, sewage disposal to a ground facility,
electric power lines or telephone lines.
Campers are of rigid construction containing sleeping quarters
and other living facilities, and may be installed on a truck body,
or may be self-propelled.
Camper-Trailers are those wheeled vehicles towed by a motor
vehicle and either haul camping and tenting equipment, or are expandable
into a cabin or tent structure.
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary, or seasonal nature, such as cabins, tents, or shelters,
but not including mobile home camp/mobile home court, or mobile home
park.
A covered space, open on two or more sides, for the storage
of one or more vehicles and accessory to a main or accessory building.
That portion of a street or alley which is improved, designed,
or intended for vehicular use.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the required number of stories.
The use of land and structures for religious worship, education
and related activities; including chapels, cathedrals, temples, synagogues
and the like.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the street center lines.
A facility licensed by the Commonwealth of Pennsylvania involving
the supervised care of more than five children under the age of 16
for periods of 12 hours or less.
A paved or unpaved surface other than a street, which provides
by mutual agreement vehicular access intended for the private use
of more than one party for access to their respective properties.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A use permitted in a particular zoning district pursuant
to the provisions of this Chapter and Article VI of the Pennsylvania
Municipalities Planning Code.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit.
A drug, substance or immediate precursor as defined in Schedules
I through V of the Pennsylvania Controlled Substance, Drug Device
and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
A facility that provides nursing, skilled nursing and/or
extended care for the accommodation and treatment of the aged or for
the treatment of chemical dependency, mental diseases or disorders,
regardless of age, which facility is licensed by the appropriate agencies
of the Commonwealth of Pennsylvania.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court that does not extend to a street, alley, yard or
outer court.
A court which extends to a street, alley, yard or other outer
court.
The percentage of the lot area covered by the building area.
A right-of-way, publicly or privately owned, intended to
furnish access for pedestrians.
A street intersecting another street at one end and terminating
at the other in a vehicular turn-around.
A commercial establishment for the manufacture or processing
of dairy products.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this Chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Township
of Londonderry lies.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation, or drilling operations and the subdivision
of land or land development.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this Chapter shall mean the written
and graphic materials referred to in this definition.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Board of Supervisors;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
Any objects, devices, instruments, apparatus or contrivances,
whose primary and traditional use is involved with the illegal use
of any and all controlled substances under the laws of Pennsylvania.
Drug paraphernalia includes, but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances;
Dilutents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances;
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining marijuana;
Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled substances;
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
Water pipes;
Carburation tubes and devices;
Roach clips: meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Smoking and carburation masks;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
A lot of land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning, or other means, and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or part thereof, or waste material of any kind.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
A group of two or more single-family, two-family, or multifamily
dwellings occupying a lot in one ownership.
A building used by three or more families living independently
of each other, including apartment houses.
A building used by one family, and having two party walls
in common with other buildings, exterior or end units having one party
wall and one side yard.
A building used by one family, having only one dwelling unit,
and having two side yards.
A building used by one family, having one side yard, and
one party wall in common with another building.
A building used by two families, with one dwelling unit arranged
over the other, and having two side yards.
A building used by two families, with one dwelling unit arranged
over the other, having one side yard, and one party wall in common
with another building.
A right-of-way granted for limited use of land for public
or quasi-public purpose.
The engineering specifications of the Township regulating
the installation of any required improvement or for any facility installed
by any owner, subject to public use.
One or more persons occupying one single dwelling unit and
maintaining one common household unit, not including more than five
persons who are not related to each other by blood, official foster
relationship, marriage or adoption, or occupants of a club, institutional
use, facility that's primary purpose is to house persons who have
been adjudicated through the criminal justice system, and fraternity,
lodging or boarding house. The term "family" may specifically include
a maximum of five unrelated persons living within a permitted group
home.
A business that is customarily accessory to an on-site principal
agricultural use and which meets all of the following additional requirements:
[Added by Ord. 2011-1, 2/7/2011; amended by Ord. 2014-1,
10/6/2014]
Is conducted on property which is located in the A Agricultural
District, on property that continues to be used for principal agricultural
purposes;
Is principally owned and operated by at least one of the owners
or lessees of such property or a member of the immediate family of
such an owner or lessee, and the owner and operator or lessee and
operator of the family farm support business resides on the property;
and
Meets the additional requirements for such use that are provided
in § 1601, which are intended to limit the use to a small
scale with limited site coverage.
A type of family farm support business that meets the requirements
for such use in § 1601. General family farm support businesses
are distinguished from light family farm support businesses by the
number of nonresident employees and/or the type of use.
[Added by Ord. 2014-1, 10/6/2014]
A type of family farm support business that meets the requirements
for such use in § 1601. Light family farm support businesses
are distinguished from general family farm support businesses by the
number of nonresident employees and/or the type of use.
[Added by Ord. 2014-1, 10/6/2014]
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry, and dairy products.
It includes necessary farm structures within the prescribed limits
and the storage of equipment used. It excludes the raising of fur-bearing
animals, riding academies, livery or boarding stables and dog kennels.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
A parcel of land created by a subdivision which includes
a narrow projection or "flagpole" to the public right-of-way; a lot
in which the frontage at the street right-of-way line is not less
than 25 feet and not more than 50 feet but the required width is attainable
in the interior of the lot.
That portion of the one-hundred-year floodplain outside the
floodway.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude without increasing the water surface
elevation more than one foot at any point.
The sum of the horizontal areas of all rooms used for habitation,
such as living room, dining room, kitchen, bedrooms, and bathrooms;
but not including public hallways, stairways, cellars, attics, or
service rooms, nor unheated areas such as enclosed porches.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar or basement floor areas not used as primary living or sleeping
quarters. All dimensions shall be measured between exterior faces
of walls.
The ratio of floor area of a building to its lot area. When
a floor area ratio of 0.4 is specified, the floor area of a building
constructed on a lot of 10,000 square feet is limited to a maximum
of 4,000 square feet. The number of stories being optional, the building
area may be 4,000 square feet for one story, 2,000 square feet per
story for two stories, and so forth.
An enclosed space for the storage of one or more vehicles,
provided that no business, occupation, or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
Any garage other than a private garage, and which is used
for storage, repair, rental, servicing, or supplying of gasoline or
oil to motor vehicles.
The cultivation of herbs, fruits, flowers, or vegetables,
excluding the keeping of livestock.
The Board of Supervisors of Londonderry Township.
The completed surfaces of lawns, walks, and roads, brought
to grades as shown on official plans or designs relating thereto.
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the individual served
due to age, emotional, mental or physical handicap. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons and all persons subject to protection under the Federal
Fair Housing Act amendments of 1988. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of such license must be delivered to the Zoning Officer prior to the
initiation of the use.
Any business, the operation of which involves the sale, lease,
trade, gift or display for sale of any and all types of drug paraphernalia.
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
towers, elevator penthouses, tanks, and similar projections. (See
"General Regulations.")
Business activities whereby the commodity for sale is completely
manufactured and may be sold on the site by the resident craftsman.
Home crafts may include, but are not limited to, the following: artists,
sculptors, dressmakers, seamstresses and tailors, and may include
such activities as model-making, rug weaving, lapidary work and furniture
making.
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the residents
therein, provided that the use is clearly incidental and secondary
to the use of the dwelling for dwelling purposes. (More fully defined
in "General Regulations," § 1602).
An institution, licensed in the Commonwealth of Pennsylvania
as a hospital, which renders inpatient and outpatient medical care
on a 24 hours per day basis; and provides primary health care services
and medical/surgical care to persons suffering from illness, disease,
injury, deformity and other abnormal physical or mental conditions.
A hospital use can also include attached and detached accessory uses,
provided that all accessory uses are contained upon the hospital property.
A facility which allows lodging to boarders for compensation,
which contains more than eight rooms with less than 25% of all rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, which may provide meals and
other services as part of the compensation. The hotel may include
restaurants, newsstands, gift shops, club rooms, ballrooms and other
accessory uses related to the operation of the facility.
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 or likely to be used, in the manufacture of a controlled substance.
A tract of land laid out in accordance with an overall plan
for a group of industries with separate building sites designed and
arranged on streets with utility services, setbacks, side yards, landscaped
yards, and covenants controlling the architecture and use.
Any use dedicated to public care and/or service of including
but not limited to those within the following classifications:
Residential institutions: includes but is not limited to dormitories,
homeless shelters, orphanages, and community care facilities for handicapped
individuals, as defined in Title VIII of the Civil Rights Act of 1968,
as amended, by the Fair Housing Act of 1988, housing more than five
individuals.
Health-care institutions: includes but is not limited to hospitals,
nursing homes, convalescent homes, health clinics, and treatment centers,
including drug and alcohol rehabilitation or treatment facilities.
Primary and secondary educational institutions: includes but
is not limited to public, parochial or private schools for primary
and secondary education.
Postsecondary educational institutions: includes but is not
limited to colleges and universities.
Day-care institutions: includes but is not limited to day-care
facilities for adults and nursery schools providing care for more
than five adults or children.
Post-adjudicatory facilities: includes but is not limited to
a facility that's primary purpose is to house persons who have been
adjudicated through the criminal justice system, halfway houses, criminal
justice centers, or juvenile detention or rehabilitation centers.
A structure where three or more animals (except relating
to a farm) are kept, boarded, raised, bred, treated or trained, with
or without compensation, including but not limited to dog or cat kennels.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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; or
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.
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee having
a remaining term of not less than 40 years, or other person having
a proprietary interest in land, shall be deemed to be a landowner
for the purposes of this chapter.
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in an apartment
house or hotel.
Animals, which include, but may not be limited to, horses,
cattle, hogs, sheep and deer.
[Added by Ord. 2014-1, 10/6/2014]
This term shall mean a use comprised of the raising of livestock
and/or poultry involving a total average of three or more "animal
equivalent units" (see definition herein) of live weight per acre
of livestock or poultry.
An "animal equivalent unit (AEU)" is 1,000 pounds' live weight
of livestock or poultry animals, regardless of the actual number of
individual animals comprising the unit. This weight is calculated
on an annualized basis. These units shall be calculated as provided
under the State Nutrient Management Act regulations and accompanying
standards prepared by the Penn State University Cooperative Extension
Service.
These zoning intensity provisions shall be based upon the total
acreage of one or more adjacent lots (which may be separated by a
road) under common ownership, operation or lease and are not based
upon the acreage that is available for disposal of wastes.
A building where, for compensation, rooms are provided for
at least three but not more than 15 persons, and in which no table
board is furnished (also known as a "rooming house").
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A lot at the junction of and abutting on two or more intersecting
streets, or at the point of abrupt change of a single street, where
the interior angle is less than 135° and the radius of the street
center line is less than 100 feet.
A lot other than a corner lot.
The lines bounding a lot as defined herein. Where a lot abuts
a public right-of-way, the lot line for regulatory purposes shall
be the right-of-way line.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front street line at the minimum required building line.
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 or electrical apparatus or appliances, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powders, 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 party on his or her behalf will pay money
or give any other consideration or any gratuity therefore.
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where any person, firm, association or corporation engages
in or carries on the practice of massage.
Facilities which render outpatient medical or dental care
on an up to twenty-four-hour per day basis; providing primary health
services and medical/dental/surgical care to persons suffering from
illness, disease, injury, deformity and other abnormal physical, dental
or mental conditions.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, with
or without eating facilities, designed with separate entrances, primarily
for transient automobile travelers and providing for accessory off-street
parking facilities. The term "motel" includes buildings designated
as tourist courts, tourist cabins, motor lodges, and similar terms.
A prefabricated home usually designed and built in sections
which is transported to the building site and erected with the sections
being joined together as one permanently attached self-contained unit.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
The Pennsylvania Municipalities Planning Code, as amended.[1]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this Chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this Chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this Chapter or amendment
or prior to the application of this Chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A sign which does not conform to the regulations of the district
in which it is located.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this Chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this Chapter or amendment, or prior to the application
of this Chapter or amendment to its location by reason of annexation.
Any lot or parcel of land used to cultivate, propagate, and
grow trees, shrubs, vines, and other plants including the buildings,
structures, and equipment customarily incidental and accessory to
the primary use.
A building designed and used for the full-time care of human
beings, which may include housing, lodging, meals and nursing care
subject to the regulations of the Pennsylvania Department of Public
Welfare for such use.
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:
Depicts or describes in a patently offensive manner sexual conduct,
sexual excitement or sadomasochistic abuse or (in the case of articles
or instruments) is designed for use in achieving artificial sexual
stimulation;
Taken as a whole, appeals to the prurient interest; and
Taken as a whole, does not have serious literary, artistic,
political or scientific value.
The unoccupied space open to the sky on the same lot with
the building.
A tract of land designated and used by the public for active
and passive recreation.
The space within a building, or on a lot or parking lot,
for the parking or storage of one automobile.
The Londonderry Township Planning Commission, appointed by
the Board of Supervisors in accordance with the Second Class Township
Code of Pennsylvania and the Municipalities Planning Code, Act No.
247, as amended.[2]
A map, plan, or layout showing the subdivision of land and
indicating the location and boundaries of individual properties.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side, or rear door.
Any lot, parcel, or tract of land and any building constructed
thereon.
Land in Soil Capability Classes I, II, and III, as defined
by the United States Department of Agriculture (USDA), Natural Resources
Conservation Service (NRCS), and published in the Dauphin County Soil
Surveys.
[Added by Ord. 2014-1, 10/6/2014]
A legally established right-of-way, other than a street,
which provides the primary vehicular access to a lot.
Is to be judged with reference to average adults 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.[3]
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township of Londonderry.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. The
first publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
A public water pumping station, or sewer pumping station
for public sanitary sewer systems, serving the residents and businesses
of the Township.
[Added by Ord. No. 2020-03, 7/21/2020]
Public utilities transmission distribution facilities, including
substations and the like. The term "public utility facilities" shall
also include public pumping stations as defined in this Part.
[Amended by Ord. No. 2020-03, 7/21/2020]
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A hotel used by 16 or more permanent guests only and not
by transients.
An establishment that serves prepared food primarily on nondisposable
tableware, but can provide for incidental carry-out service so long
as the area used for carry-out services does not exceed 5% of the
total patron seating area nor 80 square feet (whichever is less).
Caterers shall be included in this definition.
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off the site.
An establishment where horses are kept for instruction of
riding or driving, or are stabled for compensation, or which may be
incidental to the operation of any club, association, ranch, or similar
establishment.
A temporary structure intended to sell produce that was locally
grown on a farm located within the Township. The term "produce" shall
include fruits, vegetables, flowers, baked goods and similar items.
[Added by Ord. 2014-1, 10/6/2014]
Flagellation or torture by or upon a person who is nude or
clad in undergarments, a mask or bizarre costume, or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
A lot or part thereof used primarily for the disposal by
abandonment, dumping, burial, burning, or any other means and for
whatever purposes, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania
including colleges, elementary schools, nursery schools, parochial
schools, private schools, secondary schools and vocational schools.
A plant material of sufficient height and density to screen
the view, in adjoining districts, of the structures and uses on the
premises upon which the screen planting is located.
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic areas
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.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
A group of at least three retail, restaurant, service or
other commercial establishments with a minimum total building area
of 100,000 square feet that is planned, developed, owned, operated
and managed as a single property with common facilities for access
and parking.
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public.
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned,
as well as accurately depicting the use, location, and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-ways, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures, and other such data necessary for Township officials
to determine compliance with this Chapter and appropriate provisions
of other such ordinances, as they may apply (see to "development").
An establishment where livestock is butchered.
A use permitted in a particular zoning district pursuant
to the provisions of this Chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.,
10901 et seq.
A building in which horses are kept for private use and not
for hire, remuneration, exhibition, or sale.
A building in which horses are kept for remuneration, hire,
exhibition, or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and the ceiling
next above it.
Includes street, 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.
The dividing line between the street and the lot. The right-of-way
line.
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
LIMITED ACCESS HIGHWAYThose streets which carry large volumes of traffic at comparatively high speeds with access at designated public roads and not from abutting properties.
A street used primarily for access to abutting properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Any reasonably permanent pool or open tank, not located within
a completely enclosed building, and containing or normally capable
of containing water to a depth at any point greater than 1Â 1/2
feet. Farm ponds and/or lakes are not included, provided that swimming
was not the primary purpose for their construction.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of moving pictures or theatrical
productions on a commercial basis to patrons seated in automobiles
or on outdoor seats.
Land areas that are free of buildings, except for Township-approved noncommercial recreation buildings, and which are permanently restricted against future subdivision and uses other than TND open space by a conservation easement enforceable by the Board of Supervisors and which meet the requirements for TND open space in Part 14 of this chapter. In order to be used to meet a requirement for TND open space, land shall be required to meet all of the following standards:
It is designed, intended and suitable for active or passive
recreation by residents of a development or the general public;
It is covered by a system that ensures perpetual maintenance,
if not intended to be publicly owned; and
It does not use any of the following areas to meet minimum TND
open space requirements:
Existing street rights-of-way.
Vehicle streets or driveways providing access to other lots.
Land beneath a building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation).
Off-street parking (other than that clearly intended for noncommercial
recreation).
Area(s) needed to meet a requirement for an individual building
lot.
Areas that are directly under electric transmission lines or
towers that are designed for a capacity of 35 kilovolts or greater,
unless the applicant proves to the satisfaction of the Board of Supervisors
as part of the conditional use application that such areas will be
landscaped and improved with interconnected recreation trails so as
to be attractive and usable as TND open space.[5]
A type of development involving a mix of housing types and preserved open space and which may include certain nonresidential uses and which meets the requirements of Part 14 of this chapter.
A use which is primary and inherent as opposed to secondary
and incidental, and is associated with certain knowledge or beliefs
derived from statements of contemporary persons handed down through
a considerable period of time.
Any portable living or mobile vehicle or structure designed
or used for living purposes, regardless of whether the wheels, rollers,
or skids are attached or unattached, not including those:
A tract of land, including any building, structure, tent,
vehicle, or enclosure used or intended for use as a part of the equipment
of such area:
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses, which:
The specific purpose for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
Ground planted with grapevines cultivated for the purpose
of producing wine. A vineyard is used exclusively for the production
of grapes and/or other crops which may be made into wine. The term
"vineyard" shall not include a winery, which is a separate use.
[Added by Ord. 2014-1, 10/6/2014]
A stream of water, river, brook, creek, or a channel or ditch
for water, whether natural or man-made.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Township of Londonderry.
An opening to the outside, other than a door, which provides
all or part of the required natural light, natural ventilation, or
both, to an interior space.
A place where wine is produced, bottled and sold. A winery
processes grapes and other fruit products or vegetables to produce
wine or similar spirits, but not malt or distilled beverages. Processing
includes crushing, fermenting, blending, aging, storage, bottling,
administrative office functions for the winery, warehousing and wholesale
sales. Any other activities associated with a winery, including but
not limited to retail sales, shall be limited as set forth elsewhere
in this chapter.
[Added by Ord. 2014-1, 10/6/2014]
An unoccupied space, other than a court, open to the sky,
on the same lot with a building or structure.
An extra width yard between zones.
A yard extending the full width of the lot and situated between
the street line and the front building line. The depth of the front
yard shall be measured between the front building line and the street
line.
A yard extending the full width of the lot and situated between
the rear lot line and the rear building line. The depth of the rear
yard shall be measured between the rear lot line and the rear building
line.
A yard between the side building line and the side lot line
extending from the front yard to the rear yard. Any lot line not a
rear lot line or a front lot line shall be deemed a side lot line.
A group of three or five Township residents appointed by
the Township Supervisors as required by the Pennsylvania Municipalities
Planning Code, Act No. 247, as amended, when the Zoning Ordinance
is enacted.
The Londonderry Township Zoning Officer appointed by the
Board of Supervisors in accordance with the Pennsylvania Municipalities
Planning Code, Act No. 247, as amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: The definition of "public grounds," which immediately
followed this definition, was repealed 10/6/2014 by Ord. 2014-1.
[4]
Editor's Note: The definition of "sanatarium/sanatorium,"
which immediately followed this definition, was repealed 10/6/2014
by Ord. 2014-1.
[5]
Editor's Note: The definition of "tourist home," which immediately
flollowed this definition, wasr repealed 10/6/2014 by Ord. 2014-1.
