The following rules of construction and interpretation shall
be used in this chapter, except where such meaning is taken literally
would be inconsistent with the intended context of the word or phrase:
A.
The word "lot" includes the word "plot" or "parcel."
B.
The words "used or occupied" as applied to any land or building shall
be construed to include the words "intended," "arranged," or "designed
to be" prior to the phrase "used or occupied."
C.
The words "building or structure" shall be construed as if followed
by the words "or part thereof."
D.
Words in the present tense may imply the future tense.
E.
Words used in the singular may imply the plural, and words in the
plural may imply the singular.
F.
The masculine gender includes the feminine and the neuter genders.
G.
The word "person" includes a partnership, corporation, association,
trust, estate or any other legally recognized entity as well as an
individual and the officers of any corporation and the members of
any partnership.
H.
The word "shall" is mandatory; the word "may" is discretionary.
I.
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions or agencies refer to maps, governmental bodies,
commissions or agencies or officials of the Township of Leacock or
the Commonwealth of Pennsylvania as in effect or in office from time
to time, including amendments thereto or revisions or successors thereof,
unless the text indicates another reference is intended.
J.
Words and phrases shall generally have their common meaning, unless
a different interpretation is defined for a particular context or
subsection.
In the interpretation of this chapter, and unless otherwise
stated within a more specific context, the following terms shall have
the corresponding definitions:
A detached, subordinate building, the use of which is customarily
incidental to that of the principal building on the same lot.
A use customarily incidental and subordinate to the principal
use of the land or principal building and located on the same lot
with such principal use or principal building.
A solar energy system that requires external mechanical power
to move collected heat.
For the purpose of this chapter, "adult entertainment establishments"
are defined as follows:
ADULT BOOKSTOREAny establishment which has as a substantial or significant portion of its stock-in-trade:
Books, films, magazines or other periodicals or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on the depiction or description of specified sexual
activities or specified anatomical areas; and/or
Instruments, devices or paraphernalia which are designed for
use on connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons, used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited, wherein coin- or slug-operated or electronically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, on the human body when specified anatomical areas are exposed.
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
OUTCALL SERVICE ACTIVITYAny establishment or business which provides a service which consists of individuals leaving the premises upon request, or by appointment, to visit other premises for a period of time for purpose of providing any service during which time specified anatomical areas are displayed or a specified sexual activity occurs.
SEXUAL ENCOUNTER CENTERAny business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.
|
Any other business or establishment which offers the patrons
services or entertainment characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas."
|
SPECIFIED ANATOMICAL AREASAs used herein, shall mean and include any of the following:
SPECIFIED SEXUAL ACTIVITIESInclude the following:
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context
of a sexual relationship, and any of the following depicted sexually
oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation; or
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
Human erection, urination, menstruation, vaginal or anal irrigation.
The tilling of the soil, raising of crops, forestry, horticulture,
gardening, and animal and poultry husbandry, including sale of crops,
dairy and horticultural products incidental to the operation of the
farm.
A secondary building customarily used for agriculture, including
barns, sheds and silos for the sheltering of livestock and the storage
of farm products or equipment. Structures which are not used as a
part of the agricultural operations of the property on which they
are located shall be regarded and defined as accessory structures
and uses rather than as agricultural buildings. Structures with the
sole commercial purpose of raising poultry or livestock, such as chicken
houses, veal pens, stockyards and feedlots, shall be defined as primary
uses and structures.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
Any item, goods or commodity which is directly generated
from agricultural activity.
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or intended to be used, for airport buildings
or air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented, as provided for in this chapter and
Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear or sides of properties.
Any exterior structural addition to a building or any renovation
to a building which would change its use classification.
An establishment which includes more than one amusement device
per 500 square feet or any establishment with more than five amusement
devices.
Any mechanical or electronic device, structure or part thereof
operated by coin or tokens, which involves games of skill or chance,
such as pinball machines, video games, target shooting gallery or
similar facility, which furnishes or provides entertainment. This
definition shall not apply to telephone utility company facilities,
parking meters, washing or drying machines, or auto vacuum cleaners.
ANIMAL, DOMESTICDogs, cats and customary small household pets. "Animal, domestic" is defined to include farm dogs and cats but to specifically exclude commercial dog kennels. (See definition of "kennel.")
ANIMAL, EXOTICMembers of the family Felidae, except those species commonly called house cats, and members of the family Canidae, except those licensed by the Pennsylvania Department of Agriculture. Exotic animals shall also include all nonnative animals, but excepting small animals and birds customarily kept as house pets.
ANIMAL, FARMAny member of the avian, bovine, equine, porcine, ovine and piscine species, including but not limited to poultry, fowl, cows, steer, horses, ponies, pigs, sheep, goats and fish. "Animal, farm" is defined to specifically exclude dogs. (See definition of "livestock.")
ANIMAL, WILDAll animals falling into one of the following categories as defined by Title 34 of the Pennsylvania Game and Wildlife Code:[2]
BIG GAMEElk, deer, bear and wild turkey.
FURBEARERBadger, fisher, mink, muskrat, opossum, otter, pine marten, striped and spotted skunk, beaver, raccoon, all weasels, red and gray foxes, and bobcats.
GAME ANIMALSElk, deer, bear, cottontail, snowshoe hare, red, gray and fox squirrels.
GAME BIRDSGeese, brant, wild ducks, mergansers and swans, coots, gallinules, rails, snipe, woodcock, turkeys, grouse, pheasants, Hungarian partridges, bobwhite quail, and mourning doves.
One thousand pounds live weight of livestock and/or poultry
animals, regardless of the actual number of animals that comprise
the unit. For purposes of administering this chapter, the reference
table of standard animal weights shall be used to calculate animal
equivalent units. (See Appendix A.[3])
Any establishment offering veterinary services. Animal hospitals
can treat all types of animals and can include overnight boarding
of animals.
Breeding and care of equines, bovine, sheep, goats or porcine
(swine) animals. (See definitions of "crops, livestock and livestock
products" and "normal farming operations.")
A multiunit dwelling constructed by converting an existing
building into independent dwelling units for more than one family
without substantially altering the exterior of the building.
[Amended 1-7-2014 by Ord. No. 131]
A structure housing more than one family, which does not
have a lot line between dwelling units.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
Any 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.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 310-123. In plan view, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
Areas as set forth in § 310-123.
A dwelling or a part thereof in which lodging is designed
and provided for compensation by the owner and occupant to more than
two guests, other than family members of the owner, and in which breakfast
may be provided to the registered guests.
A sale of merchandise, food or services conducted for the
purpose of providing financial aid to a person or persons who are
in need of such assistance for medical or social reasons.
An earthen mound designed to create a visual and sound barrier
between a use and adjoining properties, streets and adjacent uses.
Lineal ascendants, aunts, uncles, great-aunts, great-uncles,
brothers and sisters, parents, children, or any person adopted by
the preceding, or any married persons.
A building or portion thereof arranged or used for sheltering
or feeding, or both, for compensation, of not more than five individuals.
A roofed structure connecting two buildings.
A landscaped area intended to be used as means of limiting
the effects created by a use on adjoining properties, streets and
uses.
Any structure, either temporary or permanent, having walls
and a roof or other covering, and designed or used for a residence,
business, industry or for the shelter or enclosure of any person,
animal or property of any kind, including tents, awnings, vehicles
or accessories thereto used for purposes stated above.
A detached, subordinate building or structure, the use of
which is customarily incidental to that of the principal building
or use and which is located on the same lot as occupied by the principal
building or use.
The total areas of the greatest outside dimensions on a horizontal
plane of the principal building and all accessory buildings, including
porches, decks, carports and outdoor cellar entrances.
See "building area."
The dimension of a building as measured from the average
ground level at the corners of the building to the highest point of
the roof, provided that chimneys, spires and elevator penthouses,
tanks and other similar projections shall not be included in calculating
the height.
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the exterior surface of a building
on any side. In case of a cantilevered or projected section of a building,
except overhanging eaves, gutters and cornices, the vertical plane
will coincide with the most-projected surface. (All yard requirements
are measured to the building line.)
A line parallel to, and the distance from, a public or private
street right-of-way which determines the location of a future building
or structure.
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. The term "business"
shall include the occupancy or use of a building or premises or any
portion thereof for the transaction of business or the rendering or
receiving of professional or personal service.
The conversion of all or a portion of an existing residential
or nonresidential building for business use.
A building used as offices and occupied by personnel to perform
business, professional, administrative or clerical functions.
Includes such uses as banks, credit unions, loan and insurance
agencies, utility offices, government, business and professional offices,
medical or dental office facilities.
The diameter of the tree measured at a height of five feet
above the root mass or surrounding grade.
A lot or tract of ground on which may be placed tents, campers
or travel trailers, which does not exceed 250 square feet in floor
area, where persons or families may live temporarily (not exceeding
four weeks).
Facilities for cleaning the exterior, interior or engines
of vehicles, including automated facilities or those using individual
bays for manual washing.
A structure accessory to a single-family dwelling for the
keeping of horses and nonmotorized, horse-drawn vehicles.
The surface of a street available for vehicular traffic.
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoria, mausoleums and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof.
COLUMBARIUMA structure of vaults for cinerary (crematory) urns.
CREMATORIUMAn establishment containing a crematory furnace.
MAUSOLEUMA building for entombment of the dead above ground.
A certificate issued and enforced by the Zoning Officer and/or
Building Code Official upon completion of the construction of a new
building or upon a change or conversion of the structure or use of
a building, which certifies that all requirements and regulations
of the Zoning Ordinance and/or Uniform Construction Code are met.
An alteration of a building or a change of use theretofore
existing within a building or on a lot to a new use which imposes
other provisions of this chapter.
A natural or artificial watercourse with defined bed and
banks which confine and conduct continuously or periodically flowing
water.
That water which is flowing within the limits of a defined
channel.
Producing and/or maintaining with the express purpose and
intent of selling the product for a livelihood.
Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
The transportation of people for sightseeing purposes by
vehicle, buggy, carriage, surrey, tram or similar device, whether
propelled by animals or mechanical means. This shall include tethered
hot air balloon rides. Not included are tours by vehicles that are
properly licensed and registered under the Pennsylvania Vehicle Code.[4]
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale or service activities for profit.
See "vehicle, commercial."
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment, including without limitation
ham or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
A building or portion thereof, designed for or occupied by
a chartered nonprofit organization, comprised of residents of the
community in which it is located, the primary purpose of which is
the advancement of educational, cultural, recreational or civic pursuits
and activities and in which there is neither the sale nor dispensation
of intoxicating beverages.
A community sewage facility, whether publicly or privately
owned, which uses a system of piping, tanks or other facilities for
collecting, treating and disposing of sewage from two or more lots
or two or more equivalent dwelling units into a subsurface soil absorption
area or retaining tank.
Group living quarters for persons who need specialized housing,
treatment and/or counseling, which provides supervised housing as
an alternative to imprisonment, including but not limited to prerelease,
work-release, probationary programs or active criminal rehabilitation,
or which provides treatment/housing for persons convicted of driving
under the influence of alcohol.
A sewage facility, whether publicly or privately owned, for
the collection of sewage from two or more lots or two or more equivalent
dwelling units and the treatment or disposal, or both, of the sewage
on one or more of the lots or at another site.
A community sewage system which uses a method of sewage collection,
conveyance, treatment and disposal other than renovation in a subsurface
absorption area or retention in a retaining tank.
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 surface extending outward and upward from the periphery
of the horizontal surface at the slope of 20 to one for a horizontal
distance of 4,000 feet.
A plan including a map(s) and narrative that, at the very
least, outlines an erosion and sedimentation control plan for an identified
parcel of land.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same, and having a gross floor area of less than 5,000 square
feet. Convenience stores may also provide for any or all of the following
as an accessory use:
The rental of video tapes, provided that an adult bookstore
is specifically prohibited;
The preparation and sales of delicatessen sandwiches and foods,
provided that no patron seating is provided; and
The use of no more than two amusement devices (e.g., pinball
machines, video games, and other similar devices).
Convenience stores shall include the dispensing of gasoline
or other vehicle fuels only if the appropriate approvals for a gasoline
station (as defined herein) have been obtained.
Crops, livestock and livestock products shall include but
are not limited to the following:
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets, onions and mushrooms.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock as defined in this chapter.
Livestock products, including, but not limited to, milk, eggs
and furs.
Timber, wood and other wood products derived from trees.
Aquatic plants and animals and their by-products.
A place for babysitting or otherwise caring for six or fewer
children during normal working hours. (Also referred to as "child-care
center.")
A place for babysitting or otherwise caring for more than
six children during normal working hours, and licensed by applicable
state authorities under the Pennsylvania Education Code.
An outside platform less than 12 inches above surrounding
grade.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating or drilling operations.
A disability of a person which:
Is attributable to mental retardation, cerebral palsy, epilepsy
or autism; or
Is found to be attributable to any other condition found to
be closely related to mental retardation because such condition results
in similar impairment of general intellectual functioning or adaptive
behavior to that of mentally retarded persons or requires treatment
and services similar to those required for such persons; or
A person with developmental disability.
A facility for storage or redistribution of bulk goods into
smaller quantities for subsequent delivery. A distribution center
typically does not serve the general public.
A two-unit dwelling created by the expansion of a single-family
detached dwelling in order to provide living quarters for not more
than one additional family. Members of the additional family shall
be related by blood or marriage to the occupants of the original dwelling.
[Added 1-7-2014 by Ord. No. 131]
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in a motor vehicle. Accessory services provided for customers which
do not require the direct assistance of personnel of the establishment
outside of the confines of the building (e.g., self-service gasoline
pumps, vending machines, automatic teller machines, etc.) shall not
be encompassed in this definition.
Any portion of a building or structure from which business
is transacted or capable of being transacted directly with customers
located in motor vehicles during such business transactions.
A private drive providing access between a public roadway
or access drive and a permitted use or structure.
A building permanently erected on and attached to a foundation,
having a fixed location on the ground, and used as the living quarters
for one or more families, which in the normal frame of reference is
immobile. Hospitals, hotels, boardinghouses, rooming and lodging houses,
tourist courts and the like, offering overnight accommodations for
guests or patients, shall not be considered dwellings.
SINGLE-FAMILY, DETACHEDA dwelling which does not have a party or lot line wall and is designed to accommodate one dwelling unit;
SEMIDETACHEDA dwelling which has only one party or lot line wall and is designed to accommodate two dwelling units.
ROW HOUSESame as "townhouse."
TOWN HOUSEA dwelling with at least three dwelling units but not more than six dwelling units attached by party walls and not having any horizontal division between the dwelling units.
APARTMENT HOUSEA dwelling which does not have a lot line between dwelling units and is designed to accommodate two or more dwelling units; however, the dwelling shall not exceed three stories in height nor contain more than 12 dwelling units per structure.
One or more living and/or sleeping rooms arranged for the
use of one or more individuals living as a family, with cooking, living
and sanitary facilities.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.[5]
An additional dwelling unit placed on a property for occupancy
by either an elderly, handicapped or disabled person related by blood,
marriage or adoption to the owners or lessees of the property.
An electrical generator whose sole function is to provide
electric power when electric power from a utility service is interrupted.
Equipment consisting of containers, heat exchangers, piping
and other transfer mechanisms (including fluids, gases or solids),
controls, and related structural support for transporting and storing
collected energy (from solar energy systems), including structural
elements designed for use in passive solar energy systems.
The erection, construction, alteration or maintenance, by
public utilities after PUC approval, municipal authorities, municipal
or other governmental agencies, or private corporations under contract
to a municipality, of gas, electrical, telephone, steam or water transmission
or distribution systems and sewage disposal systems, including buildings,
enclosures, wells, pumping stations, storage facilities, poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic light signals, hydrants and other similar
equipment and accessories and services in connection therewith, reasonably
necessary for the furnishing of adequate service by such public utilities,
municipal authorities, municipal or other agencies, or private corporations
under contract to a municipality, including firehouses or fire companies
and emergency services under agreement with the municipality or for
the public health or safety or general welfare. Essential services
shall not include communications towers and communications antennas,
as defined herein.
Federal Aviation Administration of the United States Department
of Transportation.
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single dwelling unit, who are not related by
blood, adoption or marriage, do not constitute the functional equivalent
of a traditional family. This definition does not intend to prohibit
group homes and/or community living arrangements that are determined
to be protected by the Federal Fair Housing Law, provided such facilities
are licensed and permitted under the authority of the Department of
Welfare of the Commonwealth of Pennsylvania or other state department
or agency. In determining the functional equivalent of a traditional
family, the following criteria shall be present:[6]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A community-based residential home, licensed by the appropriate
federal or state agencies, which provides room and board, personal
care, rehabilitative services and supervision in a family environment
for handicapped and disabled persons, as defined in the Fair Housing
Act.
Any building or group of buildings used to provide services
and support to individuals with physical or mental disabilities and
their families or caregivers. This could include, but is not limited
to, supervision and care services, day programs, educational classes,
counseling, supervision, respite support, training, employment and
related support services that may include overnight accommodations
or services.
[Added 7-7-2020 by Ord.
No. 145]
A parcel of land 40 acres or more which is used in the raising
of crops, livestock and livestock products, including necessary dwellings,
farm structures and the storage of equipment customarily incidental
to the principal use.
Any parcel of land of exactly 15 acres in area that is used
for the purposes of agriculture. A farmette may include one single-family
residential dwelling.
[Added 8-2-2016 by Ord.
No. 135]
An educational sightseeing tour of a farm that may involve
the observation or inspection of: 1) the growing of crops; 2) the
keeping of animals; and/or 3) techniques and equipment associated
with the operation of the farm.
(See also "hedge" and "wall.") An enclosure of, but not limited
to, vinyl, wood, wire or fabric.
Material placed or deposited so as to form an embankment
or to raise the surface elevation of the land, including but not limited
to levees, bulkheads, dikes, jetties, embankments and causeways, and
as defined by the Pennsylvania Department of Environmental Protection.
A bank, savings and loan association, credit union, finance
or loan company, etc.
The area within a building intended and designed for habitable
use, measured from its surface to the corresponding surface above
it, or eight feet, whichever is less.
The total floor area of the dwelling unit actually used for
habitation, excluding unfinished cellars, storage attics, porches,
garages and the like.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.[7]
A principal use for the preparation and viewing of the dead
prior to burial or cremation. Funeral homes shall not include cemeteries,
columbariums, mausoleums or entombments, but do include mortuaries
and crematoria.
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, however, that one commercial vehicle of
not more than three-quarter-ton capacity may be stored therein where
the use of such vehicles is not incidental to the use of the premises.
Retail sale or display of merchandise on a temporary basis,
which is conducted from a residential property and is not a customary
part of any other business.
A tract of land for playing golf, improved with trees, greens,
fairways, hazards, and which may include clubhouses and shag ranges,
driving ranges or miniature golf courses.
GOLF COURSE, MINIATUREA novelty version of golf played with a putter and golf ball on a miniature course, typically with artificial playing surfaces, and including obstacles such as bridges and tunnels.
GOLF DRIVING RANGEA facility arranged with golf tees and used for longer range play of golf balls, where balls are supplied for a fee. It may also include a putting green.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment. Any greenhouse
in which there are retail sales and/or items stocked for resale is
a commercial use.
A dwelling operated by an individual, family or organization,
with a program to provide special care due to age or handicap (as
defined in the Fair Housing Act), which are licensed where required
by applicable government agencies.
Materials which have the potential to damage health or impair
safety. Hazardous materials include but are not limited to inorganic
mineral acids or sulphur, fluorine, chlorine, nitrogen, chromium,
phosphorus, selenium and arsenic and their common salts; lead, nickel
and mercury and their inorganic salts of metal-organic derivatives;
coal tar acids, such as phenols and cresols, and their salts; petroleum
products and radioactive material. Also included are floatable (flotage)
materials with the potential to cause physical damage, such as logs,
storage tanks, and large containers.
Any trash, refuse, sludge, discarded material, including
solid, liquid, semisolid or contained gaseous material, or any combination
of the above, which because of its quantity, concentration, physical
characteristics, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, exposed
of or otherwise managed.
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste for
storage or treatment for any time span other than the normal transportation
time through the Township.
A facility that offers active recreational and/or fitness
activities. Such facilities do not include golf courses.
(See also "fence" and "wall.") Plant life material used as
a separator for a privacy screen.
For the purpose of determining the height limits pertaining
to airports, "height" shall refer to distance above mean sea level
elevation unless otherwise specified.
A vertical measurement from the average elevation of the
surrounding ground to the highest point.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
An area, either at ground level or elevated on a structure,
licensed by the federal government or an appropriate state agency
and approved for loading, landing and takeoff of helicopters, and
which may include auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
An accessory use to the primary residential use of a property, customarily conducted within a dwelling, which is clearly incidental and secondary to the dwelling use. A home occupation shall be regulated by the standards listed in § 310-193.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone.
A facility which provides twenty-four-hour medical services
for humans, including physical or mental care, and which is operated
by medical staff licensed in the State of Pennsylvania. This definition
shall not apply to physicians' offices.
A facility which provides 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, and which may provide meals
and other services as a part of the compensation.
For the purposes of this definition, impervious coverage
includes any portion of a lot covered by material impenetrable by
precipitation, including buildings, structures, sidewalks, parking
lots, parking areas and paved areas. All portions of parking lots,
parking areas and outdoor storage areas shall be considered as impervious
area regardless of the degree of precipitation penetrability.
A surface which prevents the percolation of water into the
ground.
An individual sewage system, whether publicly or privately
owned, located on one lot and serving one dwelling unit, which uses
a system of piping, tanks or other facilities for collecting, treating
and disposing of sewage into a subsurface absorption area or a retaining
tank.
A sewage facility, whether publicly or privately owned, located
on a single lot and serving one dwelling unit, and collecting, treating
and disposing of sewage in whole or in part into the soil or into
waters of this commonwealth or by means of conveyance of retaining
tank wastes to another site for final disposal.
An individual sewage system, whether publicly or privately
owned, which uses a method of sewage collection, conveyance, treatment
and disposal other than renovation in a subsurface absorption area
or retention in a retaining tank.
Any agricultural activity that exceeds two animal equivalent
units per acre of land.
Any farm building, structure and/or facility specially designed,
constructed and/or operated for the intensive and accelerated raising
of livestock and/or poultry, including, but not limited to, an environmentally
controlled house or other confined housing or outdoor pen(s).
Materials such as scrap copper, brass, rope, rags, batteries,
paper, trash, rubber debris, waste iron, steel and other old or scrap
ferrous or nonferrous material, including wrecked, scrapped, ruined,
dismantled or junked motor vehicles or parts thereof.
An area of land, with or without buildings, used for the
storage outside or in other than 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 dismantling, processing, salvage,
sale or other use or disposition. The deposit or storage on a lot
of two or more unregistered, wrecked or disabled vehicles, or the
major parts thereof, shall be defined as a "junkyard."
Facilities for housing more than three dogs that are more
than six months old.
BOARDING KENNELA facility available to the general public, where more than three dogs are boarded for a specified period of time or housed for training purposes. This shall also include facilities operated by a licensed veterinarian in the treatment of animals.
BREEDING KENNELA facility operated for the purpose of breeding, buying, selling or in any way transferring more than three dogs for research or nonresearch purposes.
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.
Development in accordance with Section 503(1.1) of the MPC.[8]
The use of a lot or land or part thereof for the primary
purpose of disposal of garbage, refuse and other discarded materials,
including but not limited to solid and liquid waste materials, resulting
from industrial, commercial, agricultural and residential activities.
The operation of a landfill normally consists of: 1) depositing the
discarded material in a planned, controlled manner; 2) compacting
the discarded material in layers to reduce its volume; 3) covering
the discarded material with a layer of earth; and 4) compacting the
earth cover.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee authorized
to exercise the rights of the landowner, or other person having a
proprietary interest in land.
A completely planted visual barrier composed of earthen berms,
vegetative shrubs or trees arranged to form both a low-level and a
high-level opaque screen between grade and to a height of six feet,
which shall be opaque at all times of year and shall attain this state
within three years of initial installation.
A runway that is constructed for and intended to be used
by: 1) propeller-drive aircraft of greater than 12,500 pounds' maximum
gross weight; and 2) jet-powered aircraft.
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 a multifamily
housing development.
A commercial dwelling facility designed and used for providing
group housing, medical, dining or social support to persons who have
special needs due to age or handicap, which is operated by staff licensed
in the State of Pennsylvania.
Any member of the avian, bovine, equine, porcine, ovine and
piscine species, including but not limited to poultry, fowl, cows,
steer, horses, ponies, pigs, sheep, goats and fish. "Livestock" is
defined to specifically exclude dogs.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A "lot" may include one or more adjacent
pieces, parcels or plots of land of record.
 |
A lot at the point of the intersection of and abutting two
or more intersecting streets, and which has an interior angle of less
than 135° at the intersection of the two street lines. Corner
lots shall have two front yards, one side and one rear yard.
An interior lot having frontage on two parallel or approximately
parallel streets.
A lot whose frontage does not satisfy the minimum width requirements
for the respective zone but which does have sufficient lot width on
another part of the lot.
A lot other than a corner lot, the sides of which do not
abut a street.
See "parent tract."
The area contained within the property lines of a parcel
of land, excluding any area within a street right-of-way.
A percentage of the lot area which may be covered with an
impervious surface.
The horizontal distance measured at a right angle between
the street right-of-way line and the closest rear property line. On
corner lots, the depth shall be measured from the street right-of-way
line of the street of address to the property line directly opposite
this line.
The horizontal distance measured at a right angle between
side property lines. On corner lots, lot width shall be measured between
the right-of-way line for the nonaddress street and the property line
located directly opposite.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.[9]
The fecal and urinary excrement of livestock and poultry,
often containing extraneous feed, bedding or litter.
A detached structure or other improvement built to store
manure for future use.
Any hood, canopy, awning or permanent construction which
projects from a wall of a building, usually above an entrance and/or
across a sidewalk toward the street.
The water surface elevations of a flood which would completely
fill the floodplain to the boundaries of the Floodplain Zone.
The average height of the sea for all stages of the tide,
using the National Geodetic Vertical Datum of 1929.
Any building or group of buildings used to provide medical
services on an outpatient basis as part of a specialized medical research
and teaching program that includes laboratory services and related
support uses, including overnight accommodations for families of patients,
medical students and interns.
[Added 7-7-2020 by Ord.
No. 145]
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an outpatient basis.
An anaerobic digestion system for the purpose of generating
electrical and/or heat energy for on-site or off-site consumption.
ACCESSORY METHANE DIGESTER SYSTEMAn anaerobic digestion system that processes manure that is generated as part of the farming operation on which the system is located. An accessory methane digester system generates electrical and/or heat energy for on-site consumption.
REGIONAL METHANE DIGESTER SYSTEMAn anaerobic digestion system that processes manure that is generated as part of the farming operation on which the system is located and/or manure transported to the site from other farming operations. A regional methane digester system generates electrical and/or heat energy for on-site or off-site consumption.
A facility for the long-term storage of materials or goods
in separate enclosed storage areas, which is typically offered for
use to the general public.
Occupancy of a building for more than one use.
A transportable, single-family dwelling intended for permanent
occupancy, 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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection 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, designed
primarily for transient automobile travelers and provided with accessory
off-street parking facilities. The term "motel" includes buildings
designed as tourist courts, motor lodges, auto courts and other similar
designations.
Any building or land devoted to the retail sales of passenger
vehicles, including accessory service and repair facilities if conducted
within a wholly enclosed building.
A building containing three or more dwelling units, typically
when one is located above or below the remaining units.
[Amended 1-7-2014 by Ord. No. 131]
A municipal authority, established under the Municipal Authorities
Act,[10] which provides, maintains, owns or operates sewage facilities.
Any use owned or operated by the Township or an authority
created by the Township or under contract to the Township.
A facility for the public display of items, materials or
information that are related to some historic, educational, cultural
or scientific purpose. Museums can include related accessory uses
(e.g., restaurant, gift shop, etc.) so long as these remain incidental
to the primary museum use. Museums can be operated as a business but
shall not involve the retail sales of museum displays.
Any building used for on-site consumption of alcoholic or
nonalcoholic beverages where live entertainment is offered. For the
purposes of this definition, "live entertainment" is meant to include
the use of disc jockeys for the purposes of supplying musical entertainment.
Nightclubs may also provide for on-site consumption of food. Additionally,
nightclubs can offer the retail sale of carry-out beer and wine as
an accessory use. This is meant to include an "under 21" club which
features entertainment.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use.
A lot, the area or dimensions of which was lawful prior to
the enactment of this chapter, or any amendment thereto, but which
fails to conform to the requirements of the zone in which it is located
by reason of the enactment of this chapter or any amendment hereto.
A structure or a part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter, or any amendment hereto, where such structure lawfully existed
prior to the enactment of this chapter or such amendment. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter, or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment.
Any agricultural activity that does not exceed two animal
equivalent units per acre of land.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
The customary and generally accepted activities, practices
and procedures that farmers adopt, use or engage in year after year
in the production and preparation for market of crops, livestock and
livestock products and in the production and harvesting of agricultural,
agronomic, horticultural, silvicultural and aquacultural crops and
commodities.
A facility which serves residents requiring continuous, intermediate
or skilled nursing care for various periods of time.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 310-123 of this chapter, or any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, rock, gravel, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or floodplain, which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to cause damage to life or property.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A structure having one roof and not fully enclosed.
Provision of outdoor displays or display space on a lease
or rental basis only.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
The extension of the main walls of a building above the roof
level or a false front or wall above a roofline.
The lot existing prior to a specific frame of reference,
which may be:
May 15, 1972, for the consideration of Planning Modules for
Land Development; or
An approved subdivision of said lot; or
The legal enactment of a relevant section of the Township Zoning
Ordinance in effect prior to this chapter; or
The enactment of this chapter or relevant amendment hereto.
An open lot where motor vehicles may be stored for a short
term (daily or overnight) off-street, and connected to a street by
an access drive.
An off-street space available for the parking of a motor
vehicle, exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
A common, shared wall between two separate structures, buildings
or dwelling units.
A solar energy system that uses natural and architectural
components to collect and store energy without using any external
mechanical power.
The Department of Transportation of the Commonwealth of Pennsylvania.
As it relates specifically to mobile homes, shall include
a "skirt" around the perimeter of the mobile home which shall be of
masonry construction upon footers set below the frost line and oriented
to the perimeter of the mobile home so as to provide a weathertight
joint on all four sides.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
Includes such uses as barbershops, beauty salons, photographic
studios, tailor, dressmaking, millinery shops and dry cleaning/laundry
dropoff points.
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing or mitigating any insects,
rodents, nematodes, predatory animals, fungi, weeds or other forms
of plant or animal life.
Any place where one or more birds or animals that have similar
characteristics and appearance to birds or animals wild by nature,
or local domestic animals, are kept in captivity for the evident purpose
of exhibition to the public, with or without charge.
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
A cohesive unit of stores, offices or industrial buildings,
with the building(s) arranged and constructed according to an overall
plan.
A facility for the raising or sheltering of more than 100
fowl.
Any lot, parcel or tract of land and any building constructed
thereon. The term "premises" shall also include the area occupied
by a business or other commercial, professional or industrial enterprise.
When more than one such enterprise occupies a building, each business
area shall be considered separate premises.
Leacock Township's Class I, II and III soils, as defined
by the USDA Natural Resources Conservation Service.
An area of land held in single and separate ownership, with
a tax parcel code assigned, having one or more premises located on
it. "Property" includes "tract," "parcel" and "lot."
A recorded boundary of a lot. However, any property line
which abuts a street or other public or quasi-public roadway shall
be measured from the legal street right-of-way line.
A facility owned, operated, or controlled by a governmental
agency, (federal, state, or local), including a corporation created
by law for the performance of certain specialized governmental functions,
and the Board of Education. Examples of such facilities include Township
buildings and parks, School District facilities, fire companies, etc.).
[Added 8-2-2016 by Ord.
No. 135]
Any natural or artificially produced substance which spontaneously
emits radiation.
A facility, open to the public, for the purpose of public
recreation or entertainment, including but not limited to bowling
alleys, drive-in motion-picture facilities, swimming pools, miniature
golf courses, museums, etc. This does not include adult-related uses
or amusement arcades, as defined herein.
See "vehicle, recreational."
A facility for the collection of materials destined for reuse,
but which does not include on-site processing except for incidental
bundling or packaging.
Additional principal buildings and/or uses that are typically
a part of the permitted use and located on the same lot as the principal
use.
Includes such uses as radio, television and appliance repair
shops, plumbing shops, carpenter shops and shoe repair shops.
A commercial establishment where food or beverage is sold
for consumption on the premises either in a customer's vehicle or
in an outside area, but not within a building.
An accessory use to a commercial restaurant where the customer
receives food or beverage via a drive-up window without the need for
the customer to leave his vehicle.
A commercial establishment where a variety of foods and beverages
are sold for consumption on the premises. Customers are normally seated
at a table where they select food and beverage from individual menus,
and they are served foods and beverages by a restaurant employee at
the same table at which said items are ordered and consumed.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the restaurant, and where ordering and pickup of food
may take place from an automobile.
Retail stores are those businesses whose primary activities
involve the display and retail sales of goods and products. This term
shall not include adult-related facilities, as defined herein.
A residential dwelling which may consist of a mixture of
apartment or independent housing units and personal care, skilled
care or nursing care facilities in an environment which cannot be
achieved through the use of conventional residential development.
The facility serves persons who are a minimum of 50 years old. Housing
and health care services are provided to residents of a retirement
home pursuant to an agreement effective for a minimum period of one
year.
A principal use in which supervised education or instruction
is offered according to the following categories:
COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools, as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the school district.
NONPROFIT SCHOOLA school licensed by the Pennsylvania Department of Education for the purpose of providing elementary, secondary and adult education, and operated by the school district.
PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary and/or post-graduate education that may, or may not, be operated as a gainful business.
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary and adult education, and operated by the school district.
VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:
All land area encompassing existing school facilities, such
as, but not limited to, buildings, parking areas, recreation areas,
etc.
The required horizontal distance between a setback line and
a property or street line.
The distance between the street line and the front setback
line projected the full width of the lot. (Also referred to as the
"required front yard.")
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and a street line.
The distance between the rear lot line and the rear setback
line projected the full width of the lot. (Also referred to as the
"required rear yard.")
The distance between the side lot line and the side setback
line projected from the front yard to the rear yard. (Also referred
to as the "required side yard.")
A substance that contains the waste products or excrement
or other discharge from the bodies of human beings or animals and
noxious or deleterious substances being harmful or inimical to the
public health or to animal or aquatic life, or to the use of water
for domestic water supply or for recreation, or which constitutes
pollution under the Clean Streams Law.
The official of the local agency who issues permits, reviews
permit applications and sewage facilities planning modules and conduct
investigations and inspections necessary to implement the act and
the regulations thereunder.
A system of sewage collection, conveyance, treatment and
disposal which will prevent the discharge of untreated or inadequately
treated sewage or other waste into waters of this commonwealth or
otherwise provide for the safe and sanitary treatment and disposal
of sewage or other waste.
A program authorized by the official action of a municipality
for the administration, management and regulation of the disposal
of sewage.
A group of retail stores, offices and/or service businesses
planned and designed for the site on which it is built, functioning
as a unit, with off-street parking provided on the property as an
integral part of the unit.
A shopping center with stores, offices and/or service businesses
on both sides of an enclosed or open pedestrian walkway.
Any structure, device, fixture or placard that uses any color,
form, graphic, illumination, symbol or writing to advertise, announce
the purpose of, or identify the purpose of a person or entity, or
to communicate information of any kind to the public.
Specific sign types are defined as follows:
FRAME SIGN— A single- or double-faced sign used only on a temporary basis and commonly called a "sandwich board."
ANIMATED SIGNAny sign that uses movement or change of lighting to depict action or create a visual effect or scene.
AWNING SIGNA sign made of cloth, metal or other material and affixed to a building in such a manner that the structure may be raised or retracted to a position against the building.
BANNERAny sign made of cloth, plastic or similar material. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
BEACONAny 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.
BILLBOARDA sign which advertises a business product or service not present on the property and which exceeds 32 square feet in sign area.
BUILDING MARKERAny sign indicating the name of a building and data and incidental information about its construction, which sign is cut into a masonry surface or made bronze or other permanent material.
BUILDING SIGNAny sign attached to any part of a building, as contrasted to a freestanding sign.
CANOPY SIGNAny sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outside service area. A marquee is not a canopy.
CHANGEABLE COPY SIGNA sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for the purposes of this chapter.
CONSTRUCTION SIGNA sign identifying individuals or companies involved in design, development, construction, demolition or financing when placed upon the premises under construction, but only for the duration of the activity.
DIRECTIONAL SIGNA sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives.
DIRECTORY SIGNA sign which is located on site and lists the name(s) and/or address of an occupant, the address of the premises and/or the identification of a legal business or occupation which exists at the premises. (Sometimes referred to as a "menu board.")
ELECTRONIC (LED) SIGNA sign capable of displaying text, graphics, symbols or images that can be electronically or mechanically changed by remote or automatic means, and which directs attention to a business, activity, product, commodity, service, entertainment or communication.
FARM IDENTIFICATION SIGNAny sign indicating the name and address of an occupant of a farm, along with the name of the farm.
FLAGAny fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, or other entity.
FREESTANDING SIGNA sign that is not attached to a building and which is supported permanently upon the ground by poles, pedestals or braces. Such signs include what are commonly called "ground pole and monolith signs."
IDENTIFICATION SIGNAny sign indicating the name and address of an occupant of a building.
ILLUMINATED SIGNA sign that provides artificial light, directly or through any transparent or translucent materials, from a source of light connected with such signs, or a sign illuminated by a light focused upon or directed chiefly at the surface of the sign. Illuminated signs may need Building Code Official approval.[11]
INFORMATION SIGNA sign bearing no commercial advertisement but which lists facilities such as telephones, rest rooms, emergency signs, etc., and/or public buildings, tourist attractions, parks, etc. (or otherwise directs attention to an activity on the same lot where the sign is located).
INTERIOR SIGNAny sign which is located in the interior of a building or affixed to the inside of a window that is not legible from a distance of more than three feet beyond the lot line of the premises on which such sign is located.
MARQUEE SIGNAny sign attached to, in any manner, or made part of a marquee.
MENU BOARD SIGNSee "directory sign."
MOVABLE SIGNA sign which is erected upon a structure having wheels, rollers or other means facilitating movement from one location to another.
NONCONFORMING SIGNAny sign existing and lawful at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations of the zone in which such a sign is located.
OFF-PREMISES ADVERTISING SIGNA sign which advertises a business product or service not present on the property. Off-premises advertising signs shall not exceed 32 square feet in sign area.
PARAPET SIGNA sign affixed or applied directly to a parapet.
PENNANTAny lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, usually in series, designed to move in the wind.
PERMANENT SIGNAny sign which remains in place for more than 60 days.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles or trailers parked and visible from the public right-of-way, unless said vehicle or trailer is used in the normal day-to-day operations of the business. Portable signs shall be regulated in the same manner as temporary signs.
PROJECTING SIGNAny sign affixed to a building or wall in such a manner that its leading edge extends more that 12 inches beyond the surface of such building or wall.
RESIDENTIAL SIGN (NAMEPLATE)Any sign indicating the name and address of an occupant of a residence along with the name of the residential building.
REAL ESTATE SIGNA sign used to offer for sale, rent or lease one or more premises upon which such sign is located.
ROOF SIGNA sign erected and maintained upon or above the roof of any building, except for a parapet sign.
SIDEWALK SIGNA sign, such as an "A-frame" or "sandwich board," which is placed on the sidewalk area of the public right-of-way adjoining the business or use it advertises and which is not attached to any structure, utility pole or tree.
SUSPENDED SIGNA sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
TEMPORARY SIGNA sign intended for a limited period of display, generally no greater than 60 days per calendar year.
UNDER-CANOPY SIGNA sign suspended beneath a canopy, ceiling, roof or marquee.
WALL SIGNAny sign attached parallel to but within 12 inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
WINDOW SIGNAny sign, pictures, symbol or combination thereof designed to communicate information about an activity, business, commodity, event, sale or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
A freestanding building containing one dwelling unit for
one family and having two side yards, one front yard, and one rear
yard; in the case of a corner lot, the building will have two front
and a side and rear yard.
A freestanding building containing two dwelling units, arranged
in a side-by-side configuration, with a common wall, typically with
one front and rear yard and two side yards.
The open space between a solar or wind collector and the
sun or prevailing wind which must be free of obstructions that may
shade or impede the collector to the extent that it would reduce its
cost-effective operation.
An individual or community sewerage system designed to adequately
treat sewage flows not greater than 2,000 gallons per day for final
disposal using a stream discharge or discharge to the surface of the
ground.
The latest published version of the United States Department
of Agriculture's Soil Survey for Lancaster County, Pennsylvania.
A freestanding or fixed device, or combination of devices,
structures or part of a device or structure that transforms direct
solar energy into thermal, chemical or electrical energy that contributes
significantly to a structure's energy supply.
Radiant energy (direct, diffuse and reflected) received from
the sun.
A complete design or assembly consisting of a solar energy
collector, an energy storage facility (where used), and components
for the distribution of transformed energy.
Garbage, sludge, refuse, trash, rubbish, debris and other
discarded materials, including but not limited to solid and liquid
waste materials resulting from industrial, commercial, agricultural,
residential and community activities.
A use in one or more zones for which the Zoning Hearing Board
may grant a special use permit pursuant to certain specified conditions
and the provisions of this chapter.
A fully enclosed structure where materials or supplies may
be housed or stored.
Part of a building between the surface of any floor and the
next floor above it or, in its absence, then the finished ceiling
or roof above it. A "split level" story shall be considered a second
story if its floor level is six feet or more above the level of the
line of the finished floor next below it. Any floor under a sloping
roof at the top of a building which is more than seven feet below
the top plane shall be counted as a story; and if less than seven
feet below the top plane, it shall be counted as a half story. A basement
shall be counted as a story if it averages more than five feet above
grade.
Includes alley, avenue, boulevard, road, highway, freeway,
lane, viaduct and any other dedicated and adopted public right-of-way
used or intended to be used by vehicular traffic and/or pedestrians.
The horizontal line paralleling the street that bisects the
street right-of-way into two equal widths. In those instances where
the street right-of-way cannot otherwise be determined, the street
center line shall correspond to the center of the cartway.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence.
A facility for the transient holding or feeding of livestock,
which are in the process of being sold, slaughtered or shipped. This
definition shall not apply to butchers.
Unenclosed or uncovered outside placement of goods or materials
for a period of two months or more.
Any assembly of materials constructed or erected with a fixed
location on the ground, or attached to something having a fixed location
on the ground, any portion of which is above the natural surface grade,
including but not limited to buildings, sheds, cabins, mobile homes,
trailers, fences, dams, culverts, roads, railroads, bridges, storage
tanks and signs.
IN-GROUND POOLA permanent artificial pool or structure intended for wading, bathing or swimming purposes, made of concrete, masonry, metal or other impervious material, and which is an accessory use to a residence and for the exclusive use of the occupants of the residence and their guests.
ABOVEGROUND POOLA permanent artificial pool or structure which is so constructed as to be above ground and which has a ladder or steps in order to obtain access to the pool and which is an accessory use to a residence for the exclusive use of the occupants of the residence and their guests.
A facility for the raising or sheltering of more than 10
swine or hogs.
An establishment that serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food, but no live entertainment
shall be permitted.
A building or part of a building devoted to the showing of
moving pictures or for dramatic, musical or live performances.
See "bed-and-breakfast establishment."
A dwelling with three dwelling units but not more than six
dwelling units attached by party walls and not having any horizontal
division between the dwelling units.
Leacock Township.
A vehicle, including but not limited to a mobile home, which
can be used as habitation for one or more persons or for business,
commercial or office purposes. The term "trailer" shall include such
vehicles mounted on temporary or permanent foundations, with or without
the wheels removed.
A vehicular portable or towable structure built on a chassis
(pickup camper, converted bus, tent-trailer, or similar device) designed
to be used as a temporary dwelling for travel and recreational purposes,
having a body width not exceeding eight feet.
A facility for the overnight storage or parking of more than
two tractor trailers, or any vehicle exceeding 10,000 pounds (gross
vehicle weight), or parts thereof.
A detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
The conversion of an existing single-family detached dwelling
unit to contain two separate dwelling units.
A vehicle, powered or unpowered, that is used or intended
to be used for manned operation in the air by a single occupant for
recreation or sport purposes only and that does not have any United
States or foreign airworthiness certificate. Weight, fuel capacity
and maximum speed shall be as regulated by Part 103 of the Federal
Aviation Regulations.
The construction code as established by the Pennsylvania
Construction Code Act, Act 45 of 1999, as amended.[12]
The principal purpose or activity for which land or a structure
is designed, arranged, intended, occupied or maintained.
A use customarily incidental and subordinate to the principal
use of the land or principal building and located on the same lot
with such principal use or principal building.
A single-family detached dwelling in which lodging is designed
and provided for transients for a specified time period. A vacation
rental house is not owner-occupied during the same time period(s)
as transient occupancy.
A modification of the regulations of this chapter granted
by the Zoning Hearing Board on grounds of practical difficulties or
unnecessary hardship, not self-imposed, pursuant to the provisions
of this chapter.
An area used for the purpose of growing all types of edible
foods.
A means of transporting or carrying something, including
horse-drawn carts.
Any vehicle operated for the transportation of persons or
property in the furtherance of any commercial or industrial enterprise,
for-hire or not-for-hire, and displaying the name or symbol of a commercial
or industrial enterprise; not including, however, a vehicle used in
a ride-sharing arrangement.
Motor homes, travel trailers, house trailers, boats, camping
trailers, all-terrain vehicles, snowmobiles, watercraft and trailers
for transporting such vehicles.
A building or structure on a lot that is used for the repair
or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories
of automobiles, trucks and other vehicles used for conveyance.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any retail sales of motor
vehicle accessories, which may not include major repairing, body and
fender work, painting, vehicular sales, nor rental, or automatic car
washes.
A structure, building or area of land or any portion thereof
used primarily for the servicing and repair of automobiles, trucks
and similar vehicles. A vehicle repair garage may provide one or more
of the following services: general mechanical repair of motor vehicles,
including state inspection, lubrication, washing or sale of accessories
and motor vehicle fuels. Uses permissible as a repair garage do not
include bodywork, straightening of body parts, painting, welding and
storage of certain vehicles. A repair garage is not an automobile
body shop or retail automotive parts store.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks and which may include accessory facilities
for rendering services, such as lubrication, washing and minor repairs,
but which does not include vehicle sales, rental, automatic washing,
major repairs, bodywork or painting.
A building on a lot, designed and used primarily for the
washing and polishing of motor vehicles, and which may provide for
the retail sale of minor automotive accessories.
Any mechanical device or structure or part thereof which
may be operated by the use of coins or tokens, which dispenses food,
drink, merchandise, products or commodities of whatever nature or
description, or which furnishes services or provides entertainment.
This definition shall not include gas, electric, water meters, washing
and drying machines, telephones or municipally operated parking meters.
A building used primarily for the treatment, by a veterinarian,
of all types of animals. No boarding of animals is permitted.
The construction, alteration or use of any structure, building,
sign or land, or the change of use, area of use, percentage of use
or displacement of the use of any structure, building, sign or land
without first obtaining a permit; the use of any building, structure,
sign or land without receipt of a certificate of use and occupancy;
or the failure to comply with any other provisions of this chapter.
(See also "fence" and "hedge.") A work or structure intended
for security or privacy from outside intrusion. Constructed of stone,
brick or other materials forming a solid enclosure.
A structure constructed for the purpose of controlling topographic
areas, which includes, but is not limited to, masonry, decorative
block, railroad ties and landscape timbers.
A facility used for storage, transfer, repackaging or shipping
of goods in bulk, including truck or motor freight terminals.
A facility use for storage, transfer or sale of goods in
bulk.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water, carrying
or holding surface water, whether natural or man-made.
All the land from which water drains into a particular watercourse.
Sale of goods primarily in bulk or large quantities to persons
engaged in further resale of such goods or use of them in construction,
auto repair or similar activities. Wholesale uses typically do not
serve the general public.
A device that converts wind energy to mechanical or electrical
supply; commonly referred to as "windmills."
The blades, plus hub to which the blades are attached, that
are used to capture wind for the purpose of energy conversion. The
wind rotor is used on a pole or tower along with other generating
and electrical storage equipment and forms a wind energy conversion
system.
The unobstructed open space around a building. Porches and
carports shall be considered a part of the building.
FRONT YARDThe required open space between the front setback line and the street right-of-way line projected the full width of the lot. [See "setback (front)."]
 |
REAR YARDThe required open space between the rear lot line and the rear setback line projected the full width of the lot. [See "setback (rear)."]
SIDE YARDThe required open space between a side lot line and the side setback line projected the full depth of the lot. [See "setback (side)."]
A classification of land use, including regulations. (Same
as "zoning district.")
The duly constituted municipal official designated to administer
and enforce this chapter.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
located or is to be located.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5102 et seq., the "Aviation
Code."
[2]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
[3]
Editor's Note: Appendix A is on file in the Township office.
[4]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[8]
Editor's Note: See 53 P.S. § 10503(1.1).
[10]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[12]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
