Terms and phrases defined. For purposes of this chapter, the following
words and terms shall have the particular meaning stated below. The
definition of any term defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a), is incorporated herein
by reference, notwithstanding the listing of the word or term below.
ACCESS DRIVE
An improved surface, other than a street or driveway, which
is privately owned and maintained and intended to provide vehicular
access from a street, whether public or private, to a lot or development.
ACCESSORY STRUCTURE
A subordinate structure serving a purpose customarily subordinate
and incidental to that of the principal use and which is located on
the same lot as the principal use.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use and which is located on the same lot as the principal use, excepting
as otherwise provided in this chapter.
[Amended 3-17-2022 by Ord. No. 2022-02]
ADJACENT
The state of sharing a common lot line, zoning district line
or right-of-way line, whichever is applicable. A use or lot is adjacent
even if separated from another use or lot by a street (private or
public) or waterway.
ADULT DAY-CARE CENTER
A use operated primarily to provide supervised care, for
limited periods of time within a twenty-four-hour period, to persons
over the age of 60 and/or disabled persons of adult age who need daily
supervision and assistance because of physical or mental disability
or infirmity due to age.
ADULT USE
(1)
Any of the following, either alone or in combination with any
other use, and any other business or establishment which offers its
patrons services or entertainment characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
(a)
An establishment or place of assembly to which the public is
permitted or invited having as a substantial or significant portion
of its stock-in-trade, or in which is displayed or viewed magazines,
periodicals, books, drawings, photographs, films, videos, paraphernalia,
instruments or devices, or other materials that are distinguished
or characterized by their emphasis on depicting, describing, or displaying
sexual activities or conduct or exposed specified anatomical areas.
(b)
An establishment or place of assembly to which the public is
permitted or invited which features male and/or female entertainers
who engage in activities such as topless or bottomless dancing or
stripping; whose performances include simulated or actual sex acts;
or whose performances expose specified anatomical areas.
(2)
For purposes of this definition, specified anatomical areas
are less than completely covered or opaquely covered human genitalia;
male genitalia in a discernibly turgid state even if completely and
opaquely covered; pubic areas; buttocks; and female breasts below
a point immediately above the top of the areola.
AGENT
A person authorized, by writing, meeting the requirements
of agency law to act on behalf of the landowner, applicant or developer.
AGRICULTURAL COMMODITY
Any of the following transported or intended to be transported
in commerce:
(1)
Agricultural, aquacultural, horticultural, floricultural, viticultural
or dairy products.
(2)
Livestock and the products of livestock.
(3)
Ranch-raised fur-bearing animals and the products of ranch-raised
fur-bearing animals.
(4)
The products of poultry or bee raising.
(5)
Forestry and forestry products.
(6)
Any products raised or produced on farms intended for human
consumption and the processed or manufactured products of such products
intended for human consumption.
AGRICULTURE
The raising of agronomic, horticultural, viticultural, silvicultural
and aquacultural crops and commodities and the keeping or raising
of livestock and poultry and their products. Agriculture shall be
understood to include all normal agricultural operations as that term
is defined in Pennsylvania's Right to Farm Act, 3 P.S. § 952,
and also all structures necessary for the housing of livestock and
poultry, storage of feed and equipment, keeping of crops, and other
operations customarily incidental to the agriculture use. See also
"normal agricultural operation."
AGRITOURISM/AGRITAINMENT
A use for the enjoyment of a visitor related to an agriculture
use, e.g., a corn maze; hayrides; on-farm tours, demonstrations and
learning experiences; and agriculturally related special events. Weddings,
banquets, dance events, musical events, fund-raising events and similar
events are not "agriculturally related special events."
ALTERNATIVE ENERGY SYSTEM
Wind and solar energy generation systems. See definitions
of "community solar facility"; "solar energy system, accessory use";
and "solar energy system, principal use."
[Added 3-17-2022 by Ord. No. 2022-02]
ANIMAL EQUIVALENT UNIT (AEU)
One thousand pounds live weight of livestock or poultry animals,
on an annualized basis, regardless of the actual number of individual
animals comprising the unit; provided that this definition shall conform
to the current definition of animal equivalent unit as found in the
Nutrient Management Act and/or regulations promulgated under the Act.
APPLICANT
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter, "applicant" means a landowner or developer, as hereinafter
defined, who has filed an application for development or permit, including
his heir, successor, assign and agent.
AREA
The two-dimensional measurement of space between known lines
or boundaries.
(1)
BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of awnings, terraces, and steps (e.g., top view).
(2)
FLOOR AREAExcept as otherwise expressly provided in this chapter, the sum of the floor area of a structure as measured to the outside surfaces of exterior walls. The floor area of a dwelling includes all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways and foyers, but not including unfinished cellars or attics that would not meet Pennsylvania Uniform Construction Code requirements for a habitable space and unheated areas such as a porch.
(3)
LOT AREAThe total surface area contained within the lot lines of a lot, exclusive of public and private street rights-of-way.
ASSEMBLY, PLACE OF
A structure or lot used as a place of assembly for the holding
of special events, weddings, birthday parties, conferences, meetings,
and similar functions, including the provision of food and drink prepared
on site or catered; such use does not include adult use, agritourism/agritainment,
bed-and-breakfast, campground, limited lodging, hotel and motel, office,
place of worship, restaurant, or recreation facility use otherwise
expressly provided for in this chapter.
AUTOMOBILE REPAIR
A building and/or land where repairs on automobiles are conducted,
including major mechanical or body work, painting, rebuilding of engines
and transmissions, and including safety and emission inspections;
but not including work performed upon vehicles owned by the occupants
of the lot on which the work is being performed.
BED-AND-BREAKFAST
A structure used as a single-family dwelling and providing
lodging, managed by a resident lot owner or resident manager, for
transient overnight guests. Such lodging may include common eating
facilities for the provision of meals to the guests.
BUFFER
A strip of land between two land uses and not occupied by
any structure, parking area, storage area, active recreation area,
or any other improvement, excepting pedestrian ways. Utility, stormwater
management facilities (excepting exposed retention or detention basins),
access drives, and driveways may cross the buffer so long as they
are located approximately perpendicular to the buffer. The buffer
may be located within a required setback as hereinafter defined. Existing
and ultimate street rights-of-way may not be included within a buffer.
BUILDING
Any structure having a permanent roof and intended for the
shelter, housing, activity or enclosure of persons, animals, equipment
or materials. See "structure."
CAMPGROUND
An area improved with facilities and structures for outdoor
recreational activities and that involves overnight stays within tents,
seasonal cabins, or recreational vehicles.
COMMUNITY SOLAR FACILITY, ACCESSORY USE
An alternative energy system primarily used by existing or
proposed developments of i) one or more multidwelling units or residential
developments or ii) two or more nonresidential uses, and sited on
either the lot improved with the principal use or on a lot within
or adjacent to the development.
[Added 3-17-2022 by Ord. No. 2022-02]
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
A concentrated animal operation with greater than 300 animal
equivalent units (AEUs), any agricultural operation with greater than
1,000 AEUs, or any agricultural operation defined as a large CAFO
under 40 CFR 122.23(b)(4) relating to concentrated animal feeding
operations (applicable to State NPDES programs). For guidance only:
300 AEUs is roughly comparable to 300 cattle, 16,000 turkeys or 30,000
broiler chickens.
CONCENTRATED ANIMAL OPERATION (CAO)
An agricultural operation that meets the criteria established
by the State Conservation Commission under the authority of 3 Pa.C.S.A.
Chapter 5 (relating to nutrient management and odor management) or
in Chapter 83, Subchapter D (relating to nutrient management).
CONDITIONAL USE
As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this chapter, "conditional use" means a use permitted in a particular zoning district pursuant to the provisions in Article
VI and
IX of the Pennsylvania Municipalities Planning Code and in accordance with Article
XII of this chapter and for which an application for conditional use has been approved by the Board of Supervisors of the Township.
CONDOMINIUM
Real estate or portions of which, in accordance with the
provisions of the Pennsylvania Uniform Condominium Act of 1980, are designated for separate ownership and the remainder
of which is designated for common ownership.
CONVENIENCE STORE
A business which involves the retail sales and/or rental
of household goods and products and ready-to-eat foods with one or
more of the following accessory uses:
(1)
Retail sale or rental of books, magazines, videos, software,
and video games, but not adult uses;
(2)
Restaurant, including drive-through or fast-food operation;
(3)
Photomat and film development drop-off site;
(4)
Laundry, dry-cleaning, shoe repair, and tailoring drop-off site;
(6)
Dispensing of compressed air;
(7)
Retail sale of oil, washer fluid, and other automotive-related
items;
(9)
Post office and other parcel delivery or drop-off sites; and/or
(10)
Accessory sale of gasoline.
DAY CARE, CHILDREN
Provision of out-of-home care for part of a twenty-four-hour
day to children under 16 years of age, excluding care provided by
relatives, care furnished in places of worship during religious services
for the convenience of those in attendance, and care for three or
fewer children unrelated to the caretaker provided at a dwelling.
DENSITY
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated in this chapter.
DETERMINATION
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter, "determination" means the final action by the Zoning
Officer charged with the administration of this chapter.
DEVELOPER
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter, means 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, a land development or a use requiring
zoning approval.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, structures, mining, dredging, filing,
grading, paving, excavation or drilling operations.
DISTRIBUTION CENTER
Structure(s) used for the unloading, indoor storage, processing
(e.g., packaging), transfer or distribution of products and materials
to wholesalers and retailers, and accessory on-site sale directly
to consumers. This definition shall not include light manufacturing,
heavy manufacturing, storage facility, or self-storage uses as defined
by this chapter.
[Added 3-17-2022 by Ord. No. 2022-03]
DISTRICT
A land area with designated boundaries as indicated on the
Zoning Map and within which certain uniform requirements apply under
the provisions of this chapter.
DRIVEWAY
An improved surface that is privately owned, constructed
and maintained and that provides vehicular access to a single principal
use.
DWELLING
Any structure or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including:
(i) hotel, motel and similar uses (including, as example, such uses
generally understood to be a boarding home, rooming house, or lodge);
(ii) institutional housing such as a hospital, nursing home, assisted
living facility, dormitory or orphanage; and (iii) bed-and-breakfast,
limited lodging, care dwelling, and sober living residence uses, each
of which is discretely identified and regulated in this ordinance
as a specific use. A recreational vehicle or camper shall not be construed
as a dwelling.
(1)
SINGLE-FAMILYA freestanding structure containing one dwelling unit occupied by one family.
(2)
MANUFACTURED (MOBILE) HOMEAs defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this chapter, a transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into an 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. Such dwelling must comply with applicable federal and state law and regulations governing construction and safety.
(3)
MULTIPLE-FAMILYA freestanding structure containing three or more dwelling units each occupied by one family, arranged in a side-by-side or over-and-under configuration, or combination thereof.
(4)
TWO-FAMILYA freestanding structure containing two dwelling units, each occupied by one family, arranged in a side-by-side or over-and-under configuration.
DWELLING UNIT
A structure or portion thereof arranged or designed for occupancy
by not more than one family and having its own sleeping, cooking and
sanitary facilities and having a separate access to the outside or
to a common hallway that connects to an outside access, including
by means of a common stairway or elevator. For purposes of this definition,
occupancy shall be sufficiently stable and permanent as to not be
fairly characterized as transient; occupancy for periods of three
months or less in a single calendar year, whether occasional, intermittent
or successive, is transient.
EASEMENT
An interest in land owned by another person, consisting in
the right to use or control the use of land, or areas above or below
it, for a specific limited purpose and which reserves to the owner
of the land all other incidents of ownership.
EMPLOYEE
A worker, whether full-time, part-time, permanent or temporary,
and also including a contractor, but not including persons making
occasional repairs or physical improvements or performing scheduled
(but not routine) maintenance.
FAMILY
Any one of the following:
(1)
Any number of persons occupying a single dwelling unit and maintaining
in the dwelling unit a common household with the sharing of food,
rent, utilities and other household expenses and housekeeping of their
dwelling unit; provided that the number of adult occupants who are
not related to the other adult occupants shall not exceed:
[Amended 3-21-2019 by Ord. No. 2019-01]
(a)
One in number where the dwelling unit is occupied by two or
more adults who are related; or
(b)
Three in number where all of the adult persons occupying the
dwelling unit are not related.
(2)
Not more than five persons who are not related, but who are
the functional equivalent of a family in that they live together in
a single-family dwelling unit, participate together in such activities
as meal planning, shopping, preparation, eating, and the housekeeping
of their dwelling unit, and who are part of a community-based residential
home (commonly referred to as a group home) that qualifies as a community
living arrangement licensed by the Pennsylvania Department of Public
Welfare or other appropriate federal or state agency having jurisdiction,
where the persons occupying the home are handicapped persons under
the then-current terms and definitions of the Fair Housing Amendments
Act of 1988, as amended from time to time, and where the operator of
the home provides room and board, personal care, rehabilitative services,
and supervision in a family environment. The presence of staff persons
in a group home meeting this definition shall not disqualify the group
of persons occupying the dwelling unit as a family.
[Amended 3-21-2019 by Ord. No. 2019-01]
(3)
For purposes of this definition, "common household" means all
living, dining, cooking and bathroom spaces within the dwelling unit
are open and available for shared use by all of its occupants.
(4)
For purposes of this definition, occupancy shall be sufficiently
stable and permanent as to not be fairly characterized as transient;
occupancy for periods of three months or less in a single calendar
year, whether occasional, intermittent or successive, is transient.
(5)
For purposes of this definition, "related" means by blood, marriage,
adoption, other decree of legal union or custody, or a common-law
marriage which lawfully existed prior to January 1, 2005.
FENCE
A man-made barrier extending a distance greater than 50 feet,
having a height greater than 24 inches, that is constructed of wood,
chain-link metal, vinyl or aluminum and/or plastic, placed or arranged
as a line of demarcation; enclosure; or visual barrier or landscape
feature.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silviculture principles, including developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, but does not include land development.
GASOLINE SERVICE STATION
An area of land, together with any structures thereon, used
for the retail sale of gasoline/motor fuel and lubricants and incidental
services such as lubrication and hand-washing of motor vehicles and
sale, installation or minor repairs of tires, batteries, windshield
wipers, belts and similar vehicle accessories and consumer products
such as oil and windshield fluid, but not including sale, installation,
repair or service of engines, exhaust systems, transmissions, radiators
and similar vehicle components, collision repair, vehicle storage
(whether operable or inoperable) or towing. The use includes the conduct
of safety and emissions inspections. This use may include the incidental
sale of ready-to-eat food and drink for off-site consumption and the
incidental sale of automobile products, such as windshield wiper fluids,
and common household products, such as paper towels.
GLARE
A sensation of brightness within the visual field of a person
which causes annoyance, discomfort or loss of visual performance or
visibility.
HAZARDOUS SUBSTANCE
(1)
Any element, compound or material which is:
(a)
Designated as a hazardous waste under the Act of July 7, 1980
(P.L. 380, No. 97), known as the Solid Waste Management Act, and the
regulations promulgated thereto.
(b)
Defined or designated as a hazardous substance pursuant to the
Federal Superfund Act.
(c)
Contaminated with a hazardous substance to the degree that its
release or threatened release poses a substantial threat to the public
health and safety or the environment as determined by the department.
(d)
Determined to be substantially harmful to public health and
safety or the environment based on a standardized and uniformly applied
department testing procedure and listed in regulations proposed by
the department and promulgated by the Environmental Quality Board.
(2)
The term does not include petroleum or petroleum products, including crude oil or any fraction thereof, which are not otherwise specifically listed or designated as a hazardous substance under Subsection
(1); natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel or mixtures of natural gas and synthetic gas usable for fuel; or an element, substance, compound or mixture from a coal mining operation under the jurisdiction of the department or from a site eligible for funding under Title IV of the Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87, 30 U.S.C. § 1201 et seq.). The term shall also not include the following wastes generated primarily from the combustion of coal or other fossil fuels for the production of electricity: slag waste; flue gas emission control waste; and fly ash waste and bottom ash waste which is disposed of or beneficially used in accordance with the Solid Waste Management Act and the regulations promulgated thereto or which has been disposed of under a valid permit issued pursuant to any other environmental statute.
HEIGHT
A structure's vertical measurement from the mean level of
the ground at the corners or ends of the structure to the highest
point of the structure, excluding any antennas or similar appurtenances.
HISTORIC BUILDING
Any building that is:
(1)
Listed individually on the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(3)
Individually listed on a commonwealth inventory of historic
buildings;
(4)
Individually listed on the List of Designated Historic Buildings
of Mount Joy Township, as duly adopted from time to time by resolution
of the Board of Supervisors.
HISTORIC DISTRICT
An area that is:
(1)
Listed on the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for listing
on the National Register; or
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
HOBBY SCHOOL
A facility providing instruction in a craft or hobby, such
as a dancing, martial arts (including the award of belts for levels
of training), fine arts, scrapbooking, knitting/sewing, music, woodworking,
and similar crafts and hobbies, so long as instruction is provided
within an enclosed building.
HOTEL and MOTEL
A structure containing rooms for rental 24 hours per day/seven
days a week for transient occupancy, excluding a bed-and-breakfast
use or shared housing. The primary access to a hotel is a lobby; primary
access to a motel occurs at each respective unit. A hotel and motel
may also include related accessory uses primarily directed towards
serving its patrons, including, but not limited to, dining, recreation,
meeting rooms, newsstand, gifts and incidentals sale area, laundry,
maid service, and other personal services.
IMPERVIOUS SURFACE
A surface not readily penetrated by water under normal pressure associated with rainfall or other typical conditions associated with the proposed use. Impervious surfaces shall include, but not be limited to, structures, access drives, interior drives, driveways, sidewalks, off-street parking spaces and areas, loading spaces, and paved recreation courts. Any area designed to be covered by pervious pavement or loose surfacing materials such as gravel, stone and/or crushed stone shall be calculated for purposes of §
110-302A (maximum lot coverage).
IMPROVEMENT
Any structure or paving placed upon land, including the provision
of underground or above-ground utilities, as well as any physical
change to the surface of the land, including, but not necessarily
limited to, grading, paving, the placement of stormwater management
facilities, sidewalks, street signs, traffic control devices, and
monuments. This definition expressly excludes the tilling of soil
for planting.
JUNK
Used materials, discarded materials, or both, including,
but not limited to, paper, rags, metal, rubber, building materials,
house furnishings and appliances, machinery, used building materials,
and including wrecked, scrapped, ruined, dismantled or junked motor
vehicles, or parts thereof, but not including farm machinery. The
term "junk" shall not include solid waste that is temporarily and
customarily stored while awaiting routine and regular collection and
disposal and materials temporarily and customarily stored while awaiting
routine and regular collection. The term "junk" also shall not include
building materials or stored topsoil or clean fill awaiting imminent
use at an ongoing construction site.
JUNKED MOTOR VEHICLE
Any motor vehicle that does not have affixed to it an official
license plate with a current registration sticker and a current state
inspection sticker or that is demolished beyond repair or involves
a chassis separated from an axle or engine; provided, however, that
failure to affix a registration or inspection sticker to a farm vehicle,
multipurpose agricultural vehicle, or implement of husbandry, as those
terms are defined in Title 75 (the Pennsylvania Vehicle Code), will not cause the vehicle to be a "junked motor vehicle"
if such a vehicle is statutorily exempt from the Vehicle Code's registration
or inspection requirements and has a current certificate of exemption
issued by the Pennsylvania Department of Transportation Bureau of
Motor Vehicles.
JUNKYARD
An area of land, with or without buildings, which is used,
operated or maintained for storing, keeping, buying or selling junk;
for the maintenance or operation of a garbage dump, sanitary landfill
or scrap metal processor; or for the storage of three or more junked
motor vehicles.
KENNEL
The use of land or structure to board, raise, breed, train
or sell five or more dogs or cats, not including animals under six
months of age, for fee or other form of compensation. The term "kennel"
does not include the housing of the dogs on a short-term basis to
allow their grooming. The term "kennel" does not include activities
associated with the practice of veterinary medicine.
LAND DEVELOPMENT
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter, means:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
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 the occupants
or tenure; or
(b)
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.
(3)
In accordance with Section 503(1.1) of the Pennsylvania Municipalities
Planning Code and §
86-7 of the Mount Joy Township Subdivision and Land Development Ordinance, Chapter
86 of the Code of the Township of Mount Joy, the following activities are excluded from the definition of "land development":
(a)
The conversion of an existing single-family detached dwelling,
two-family dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
(b)
The addition of an accessory building on a lot or lots subordinate
to an existing principal building; provided, however, that the addition
of a nonresidential building does not:
[1]
Exceed a total square footage of 4,000 square feet if the accessory
structure is to be used for agricultural purpose;
[2]
Exceed a total square footage of 1,000 square feet if the accessory
structure is to be used for a nonagricultural purpose or 10% of the
principal nonresidential building's square footage, whichever is less,
as existed as of any addition of an accessory structure made following
the effective date of this chapter;
[3]
Create negative stormwater impacts on existing stormwater facilities
or on neighboring lots;
[4]
Require the construction of additional access drive(s); and
[5]
Require the need for DEP sewer planning module or exemption.
(c)
The addition or conversion of buildings, structures or rides
within an amusement, theme and/or zoo park.
LANDOWNER
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter, means 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
if he or she is authorized under the lease to exercise the rights
of the landowner, or other person having a proprietary interest in
land.
LANDSCAPE SCREEN
A planting of noninvasive species arranged to form a barrier
between grade and to a height of six feet. This term also includes
the use of an earthen berm, provided such berm is covered with noninvasive
vegetative materials that stabilize its slopes and form a barrier
between grade and to a height of six feet.
LIVESTOCK
An animal bred and/or raised associated with an agricultural
use, but also miniature horses, pygmy goats, pot-bellied pigs and
similar-sized animals and poultry in numbers greater than two.
LOADING SPACE
An off-street space or area suitable for the loading or unloading
of goods.
LOT
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter, means 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. The bisection of a lot by street
(public or private) or waterway does not create separate lots. Where
used in this chapter, the word "premises" shall mean lot.
(1)
LOT, CORNERA lot having street frontage on two intersecting streets or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way or, in the event of no right-of-way, along the interior edge of the cartway.
(2)
LOT, FLAGA lot generally configured in the shape of a flag pole and flag.
LOT COVERAGE
A percentage of the lot area covered with structures, including
any portion of a structure elevated above grade, except above-ground
swimming pools and playground equipment, and impervious area as defined
in this chapter.
LOT LINE
A boundary line of a lot.
(1)
LOT LINE, FRONTThe lot line most parallel to the right-of-way line of a street. In the event of a corner lot or through/reverse frontage lot, the front lot line shall be coincident with the right-of-way line of the street of address. In the event of a landlocked lot, the front lot line shall be coincident with the street (public or private) providing access to the lot. In the event of a flag lot, the front lot line shall be coincident with the line of the flag most parallel to the right-of-way of a street. In the determination of the front lot line of a flag lot, the flagpole shall be disregarded.
[Amended 9-3-2020 by Ord. No. 2020-05]
LOT WIDTH
The horizontal distance measured between side lot lines along
the minimum front setback line. For a flag lot, the flagpole shall
be excluded for measurement of the lot width (see definition of "lot
line, front").
[Amended 9-3-2020 by Ord. No. 2020-05]
MANUFACTURING
Production of goods from raw materials or by the assembly
of constituent parts produced elsewhere, or by a combination of these
means, including the final packaging of such goods for sale or shipment.
(1)
MANUFACTURING, LIGHTThe assembly, fabrication, manufacture, production or processing of goods or products where no process involved produces noise, vibration, glare, air emissions or fire hazard measurable beyond the structure in which the use is conducted, including the distribution, storage of materials used by the use and the distribution, storage or warehousing of the goods or products produced or processed on site.
[Amended 9-3-2020 by Ord. No. 2020-05; 3-17-2022 by Ord. No. 2022-03]
(2)
MANUFACTURING, HEAVYAny manufacturing use not encompassed by the definition of light manufacturing and including:
(a)
The production and processing of asphalt and asphalt products,
bricks, cement and cement blocks, tar and other synthetic paving and
masonry-like materials;
(b)
The production and processing of chemicals, dyes, solvents,
fertilizers, ammonia, carbide, caustic soda, cellulose, chlorine,
carbon black, bone black, creosote, hydrogen, oxygen, pharmaceutical
and industrial alcohol, nitrates, potash, plastic and synthetic resins,
pyroxylin, rayon, and hydrochloric, nitric, picric and sulfuric acids,
and similar substances;
(c)
The production, processing and/or refining of matches, fuels
and explosives, including, but not limited to, gasoline, kerosene,
ethanol, coal, coke, naphtha, natural gas, oil (natural and synthetic),
lubricating oil, charcoal and other fuel briquettes, and other similar
materials;
(d)
The aboveground bulk storage of oil, gasoline or other similar
flammable liquids;
(e)
The production, processing and/or distillation of gelatin, glue,
soap, starch and other plant and animal by-products not associated
with food processing;
(f)
The production and processing of linoleum, oil cloth, paint,
varnish, turpentine, vinyl, rubber (natural and synthetic) and other
similar materials;
(g)
The production and processing of glass and glass products;
(h)
A metal foundry, reduction, refinishing, smelting, alloying
and/or refining operation;
(i)
The milling or processing of flour or grain;
(j)
Principal waste handling, processing, transfer and disposal
facilities;
(k)
Truck or motor freight terminals and/or truck stops;
[Amended 3-17-2022 by Ord. No. 2022-03]
(l)
The production and/or assembly of passenger vehicles and heavy
equipment and mobile homes; and
(m)
Any operation of assembly, conversion, distribution, manufacture,
production, processing, storage, warehousing and/or wholesaling of
goods, materials and products produced or processed on site by a use
provided for in Subsection B(2)(a) through (i).
[Amended 3-17-2022 by Ord. No. 2022-03]
MASSAGE PARLOR
An enclosed building or enclosed area within a building in
which the only service offered or provided to patrons consists of
body massages, body rubs or other physical manipulation of the patron's
body, but shall not be construed to include chiropractic, osteopathic
or physician professional practices.
MASSAGE THERAPIST
A professional service, other than those licensed by the
Commonwealth of Pennsylvania as medical physicians, osteopaths or
chiropractors, provided by a person trained in the use of massage
to relieve bodily tension or muscular discomfort, provided such person
provides the Township with documentation of his or her training degree
or certification.
MEDICAL OFFICE OR CLINIC
A professional office use that provides outpatient health
services, including dental, orthopedic, chiropractic, psychological
and psychiatric services, but excluding retail pharmacies, retail
medical suppliers, retail medicinal marijuana suppliers, insane asylums
and similar institutions, and penal or correctional institutions.
MINIMUM LOT AREA
The least amount of lot area required to be associated with
a principal use as required by this chapter.
MINING, QUARRYING, MINERAL EXTRACTION, AND RELATED PROCESSING
OPERATIONS
The extraction of overburden and minerals from the earth,
including by means of shafts, tunnels, wells, and similar openings;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial or
construction use; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. Mining shall
expressly exclude the following:
(1)
The extraction of minerals by a landowner for the landowner's
noncommercial use from land owned or leased by the landowner;
(2)
The extraction of sand, gravel, rock, stone, earth or fill from
borrow pits for highway construction purposes of the Department of
Transportation or the extraction of minerals under construction contracts
with the Department if the work is performed under a bond, contract
and specifications that substantially provide for and require reclamation
of the area affected in the manner provided by the act;
(3)
The handling, processing or storage of slag on the premises
of a manufacturer as a part of the manufacturing process;
(4)
Dredging operations that are carried out in the rivers and streams
of this commonwealth;
(5)
The sale and accompanying removal of non-coal materials from
retail outlets;
(6)
The extraction, handling, processing or storing of minerals
from a building construction excavation on the site of the construction
if the minerals removed are incidental to the building construction
excavation, regardless of the commercial value of the minerals. For
purposes of this definition, the minerals removed are incidental if
the excavator demonstrates that:
(a)
Extraction, handling, processing, or storing are conducted concurrently
with construction;
(b)
The area mined is limited to the area necessary to construction;
and
(c)
The construction is reasonably related to the use proposed for
the site.
MOTOR FREIGHT TERMINAL
Structure(s) and related external facilities and areas for
the parking and storage of motor freight tractors and trailers for
purpose and duration unrelated to the comfort, convenience and safety
of the driver.
[Added 3-17-2022 by Ord. No. 2022-03]
MOTOR VEHICLE REPAIR FACILITY
A use providing any or all of the following services:
(1)
Collision service, including body, fender and frame repair;
painting and refinishing; and window glass replacement.
(2)
Repair and overhaul of engines, transmissions, differentials,
axles, clutches, radiators and related items.
(3)
Incidental storage of motor vehicles (whether operable or inoperable)
or motor vehicle parts intended for providing replacement parts, provided
that such vehicles and parts are screened from the public view.
(4)
Operations services, including:
(a)
Tire repair, balancing and alignment;
(b)
Minor repair and tune up;
(c)
Incidental sales of parts, accessories and lubricants;
NO-IMPACT HOME-BASED BUSINESS
As defined in the then-current Pennsylvania Municipalities Planning Code (MPC), 53 P.S. § 10107(a); as of the date of enactment of this chapter, means 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 function to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the requirements set forth in Section 107(a) of the MPC and restated in §
110-402X of this chapter.
NONCONFORMING LOT
As defined in the then-current Pennsylvania Municipalities
Planning Code (MPC), 53 P.S. § 10107(a); as of the date
of enactment of this chapter, means a lot, the area or dimension of
which was lawful prior to the enactment of this chapter or amendment
hereinafter enacted, but which fails to conform to the requirements
of the zoning district in which it is located by reasons of such adoption
or amendment.
NONCONFORMING STRUCTURE
As defined in the then-current Pennsylvania Municipalities
Planning Code (MPC), 53 P.S. § 10107(a); as of the date
of enactment of this chapter, means a structure or part thereof manifestly
not designed to comply with the applicable use or extent of use provisions
in this chapter or amendment hereinafter enacted, where such structure
was lawfully in existence prior to the enactment of this chapter.
NONCONFORMING USE
As defined in the then-current Pennsylvania Municipalities
Planning Code (MPC), 53 P.S. § 10107(a); as of the date
of enactment of this chapter, means a use, whether of land or structure,
which does not comply with the applicable use provisions of this chapter
or amendment hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter.
NONCONFORMITY, DIMENSIONAL
Any aspect of a lot, use or structure which was lawful prior
to the enactment or amendment of this chapter, but which fails to
conform to a size, height, coverage, setback or other bulk requirement
of this chapter or amendment thereto.
NORMAL AGRICULTURAL OPERATION
(1)
The activities, practices, equipment and procedures that farmers
adopt, use or engage in the production and preparation for market
of poultry, livestock and their products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities and is:
(a)
Not less than 10 contiguous acres in area; or
(b)
Less than 10 contiguous acres in area but has an anticipated
yearly gross income of at least $10,000.
(2)
The term includes new activities, practices, equipment and procedures
consistent with technological development within the agricultural
industry. Use of equipment shall include machinery designed and used
for agricultural operations, including, but not limited to, crop dryers,
feed grinders, saw mills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing
and those items of agricultural equipment and machinery defined by
the act of December 12, 1994 (P.L. 944, No. 134), known as the Farm
Safety and Occupational Health Act. Custom work shall be considered a normal farming practice.
OFFICE
A structure or a space in a structure, the primary use of
which is the conduct of the affairs of a business, profession, service
or government, including administration, record keeping, clerical
work, and similar business functions. An office shall not involve
manufacturing, fabrication, production, processing, assembling, cleaning,
testing, or repair. An office shall not include storage of materials,
goods, or products, except supplies incidental to the conduct of an
office. An office shall only involve the incidental sales or delivery
of any materials, goods, or products. An office shall not include
the parking or storage of equipment, including ladders/scaffolding,
plows, generators, mowers, construction vehicles (such as a dump truck),
etc., regardless of whether bearing a motor vehicle license.
OPEN SPACE
Any area of land or water, or a combination of land and water,
within a development site that is free of improvement. Open spaces
may include required setbacks, utility easements where the utility
facilities are located underground, and streets, access drives, driveways
and stormwater management facilities where there is a necessity to
locate these features in the open space and where such features cross
the open space in a perpendicular manner.
PARKING LOT
A principal use of a lot for the parking or storage of motor
vehicles for specified time periods, but not including the storage
of towed, inoperable or impounded motor vehicles, recreational vehicles
or marine vehicles.
PARKING SPACE OR AREA
An accessory use of a portion of a lot designated for the
off-street parking of a motor vehicle and having usable access to
a street or access drive.
PAVED
A condition of surface in which man-made materials are applied
resulting in a durable, smooth, stable and dust free surface over
which vehicles and pedestrians may pass. This definition shall expressly
include asphalt, bituminous, concrete, masonry, permeable, geogrids
and other similar materials provided they are applied with sufficient
depth and base to achieve the required durable, smooth, stable and
dust-free surface.
PERMIT
A document which authorizes a person to act pursuant to or
confirms compliance with a statute, ordinance or regulation, such
as, but not limited to, a zoning permit, UCC permit, stormwater management
permit, and well permit.
PERMITTED-BY-RIGHT USE
A use allowed upon determination by the Zoning Officer that
the use satisfies the requirements of this chapter. A nonconforming
use is not a permitted-by-right use.
PERSONAL SERVICE
Frequent or recurrent needed services of a personal nature
which do not primarily involve retail sales of goods or professional
services, including, as example, a hairdresser, barber, tailor, shoe
repair or masseuse.
PERVIOUS SURFACE
A surface readily penetrated by water under normal pressure
associated with rainfall or other typical conditions associated with
the proposed use, including, but not limited to, yards, gardens, fields,
woodlands and other unimproved open spaces.
PLANNED GOLF COMMUNITY
A mixed use form of development organized around a golf course
and permitted by conditional use pursuant to § 110-70 of
the former zoning ordinance.
PLANT NURSERY, GARDEN CENTER
The indoor or outdoor raising of trees, shrubs and plants
for sale, but not including a forestry use, and including the accessory
sale of landscape maintenance tools, equipment and supplies; landscape
materials such as planters, stone and mulch; and seasonal decor.
PRINCIPAL USE
The primary or predominant use to which land or structure
is devoted.
PROFESSIONAL SERVICE AND OFFICE
Services recognized by the general public as the practice
of a profession subject to license or registration through and regulation
by the laws of the commonwealth and requiring special knowledge, skill,
education, training and expertise, including, as example, an accountant,
architect, attorney, and physician.
PUBLIC HEARING
As defined in the then-current Pennsylvania Municipalities
Planning Code (MPC), 53 P.S. § 10107(a); as of the date
of enactment of this chapter, means a formal meeting held pursuant
to public notice by the Board of Supervisors or the Zoning Hearing
Board, intended to inform and obtain public comment, prior to taking
action in accordance with the MPC and this chapter.
PUBLIC MEETING
As defined in the then-current Pennsylvania Municipalities
Planning Code (MPC), 53 P.S. § 10107(a); as of the date
of enactment of this chapter, means a forum held pursuant to notice
under Pennsylvania's Sunshine Act.
PUBLIC NOTICE
(1)
As defined in the then-current Pennsylvania Municipalities Planning
Code, 53 P.S. § 10107(a); as of the date of enactment of
this chapter, means a notice published once each week for two successive
weeks in a newspaper of general circulation in Mount Joy Township.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. The
first publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
(2)
Public notice for rezoning, conditional use, special exception
and/or variance requests also includes the posting of a sign at conspicuous
locations along the perimeter of the subject lot deemed sufficient
by the Zoning Officer to notify potentially interested citizens. These
sign(s) shall be posted at least one week prior to the hearing and
will display the purpose, date, time, and location of the public hearing.
PUBLIC SEWER
A municipal or privately owned (holding a certificate of
public convenience from the Pennsylvania Public Utility Commission)
sanitary sewer system whose facilities are permitted by the Pennsylvania
Department of Environmental Protection.
PUBLIC UTILITY
Utility services owned or operated by a municipality or a
municipal authority or privately owned and operated pursuant to a
certificate of public convenience issued by the Pennsylvania Public
Utility Commission for the provision of sewage collection, disposal
and/or treatment; public water supply, storage and/or treatment; electric
transmission; or telephone service, and expressly excluding such utilities
which have been deregulated and are available on the open market.
PUBLIC WATER
A municipal or privately owned (holding a certificate of
public convenience from the Pennsylvania Public Utility Commission)
water supply system whose facilities are permitted by the Pennsylvania
Department of Environmental Protection.
RECREATION FACILITY
Land and structures designed for recreation and open to the
general public. This definition is meant to include the widest range
of uses; however, expressly excluded from this definition are adult
uses; golf courses; theme parks, including water parks; target ranges;
and tracks for racing or running motorized vehicles of any type.
RECREATIONAL VEHICLE
A vehicle which is designed to transport a person for recreational
purposes, including temporary lodging. Such vehicle may be self-propelled
or towed or carried by another vehicle, but not including camper cabs
fitted over a pickup truck. A recreational vehicle owned by the occupant
of a dwelling is permitted to be stored on the lot on which the dwelling
is located.
RESTAURANT
An establishment that serves prepared food for consumption,
at least a portion of which is customarily consumed on site. Such
facility may include the accessory sale and on-site consumption of
alcoholic beverages pursuant to a liquor license approved by the Pennsylvania
Liquor Control Board.
RETAIL
The general public availability of goods and products for
purchase or rental, excluding adult, restaurant, convenience store,
manufacturing and wholesale uses.
RIGHT-OF-WAY
An area reserved for and/or improved with streets (public
or private), utilities or stormwater management facilities.
RIGHT-OF-WAY, ULTIMATE
Land that is required to be reserved for future use as part of the public street in accordance with the roadway classification made part of the Mount Joy Township Comprehensive Plan and the applicable street width standard then current set forth in Chapter
86, Subdivision and Land Development, of the Code of the Township of Mount Joy.
ROADSIDE STAND
An accessory structure for the sale of local agricultural or horticultural produce or livestock products and meeting the requirements of §
110-402L, Direct commercial sales of agricultural commodities.
SCHOOL
An educational institute for persons between the ages of
five and 19 that provides state-required educational programs.
SCREENING
An assemblage of materials that are arranged so as to block
ground-level views between grade and a height of six feet. Suitable
screening materials include trees, shrubs, hedges, berms, walls, sight-tight
fences, other similar type materials, or any combination thereof,
as may be specifically required by this chapter.
SELF-STORAGE
Structure(s) divided into separate compartmentalized and
controlled access spaces that are leased or rented on an individual
basis for various periods of time for storage of personal property.
These storage spaces shall be used solely for storage, and no processing,
manufacturing, sales, research and development testing, service and
repair, or other non-storage activities shall be permitted. The use
also includes an outside storage area divided into separate compartmentalized
and controlled access spaces leased or rented on an individual basis
for various periods of times for storage of boats and recreational
vehicles. No service, maintenance or repair activities or other non-storage
activities shall be permitted in the outdoor storage area.
[Amended 3-17-2022 by Ord. No. 2022-03]
SETBACK
The required horizontal distance between the closest part
of a structure (excluding roof overhangs) or use and:
(1)
In the case of a front setback: the existing or ultimate right-of-way
line, whichever is greater, of the street adjacent to the interior
lot; the existing or ultimate rights-of-way line, whichever is greater,
of each street adjacent to a corner or reverse frontage lot; or the
front lot line of the landlocked lot or flag lot. The front setback
shall extend the full width of the lot.
(2)
In the case of a side setback: the side lot line of the interior,
landlocked or flag lot; or the side lot line of the corner lot, which
side lot line is not opposite the street of address. The side setback
shall extend the full depth of the lot.
(3)
In the case of a rear setback: the rear lot line of the interior,
landlocked or flag lot; or the rear lot line of the corner lot, which
rear lot line is opposite the street of address. The rear setback
shall extend the full width of the lot.
Provided that, in the event a lot extends into a second municipality,
a required setback is measured from the Township municipal boundary
line.
|
SIGHT TRIANGLE or CLEAR SIGHT TRIANGLE
An area at the intersection of a street (private or public)
with another street, access drive or driveway, required to be kept
free of certain visual obstructions to traffic.
SLAUGHTERHOUSE
A use involving the killing of animals for the production
of food or other commercial product. The on-site killing of animals
raised as part of a normal agricultural operation is not a slaughterhouse
use.
SOLAR ENERGY SYSTEM, ACCESSORY USE
Alternative energy system primarily utilized by the principal
use of the lot upon which it is located. See also "community solar
facility."
[Added 3-17-2022 by Ord. No. 2022-02]
SOLAR ENERGY SYSTEM, PRINCIPAL USE
A utility-scale system consisting of one or more freestanding
ground- or roof-mounted solar panels, solar-related equipment and
accessory structures and buildings, including, but not limited to,
light reflectors, concentrators, heat exchangers and substations,
and used to capture solar energy, convert it to electrical energy
or thermal power, and supply electrical or thermal power for off-site
use(s).
[Added 3-17-2022 by Ord. No. 2022-02]
SOLAR PANEL
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for power.
[Added 3-17-2022 by Ord. No. 2022-02]
SOLAR-RELATED EQUIPMENT
Solar photovoltaic cell, module, panel or array; solar hot
air or water collector device panels, lines, pumps, inverters, batteries,
storage facilities, mounting brackets, framing and other structural
foundations.
[Added 3-17-2022 by Ord. No. 2022-02]
SOLID WASTE
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
SPECIAL EVENT
The assembly of people for the purpose of business, entertainment,
sport or caucus for a limited period of time, whether or not an admission
fee or other attendance charge is imposed; but not including wedding
and other life event receptions and celebrations, conventions, meetings
and other assemblies which take place in structures built and used
for such events in the normal course of business (for example, a hotel
and motel, funeral home, church).
SPECIAL EXCEPTION
As defined in the then-current Pennsylvania Municipalities Planning Code, 53 P.S. § 10107(a); as of the date of enactment of this chapter, means a use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code and in accordance with the provisions of §
110-1101B of this chapter and for which an application for special exception has been approved by the Zoning Hearing Board of Mount Joy Township.
SPECIALIZED VILLAGE SHOPPING CENTER
A planned commercial development owned and operated by a
single management entity, organized pursuant to a single architectural
and design theme and conducted as a unified operation, and permitted
by conditional use pursuant to § 110-83 of the former zoning
ordinance.
STABLE
A building or use of land where horses are kept for compensation,
hire, sale, riding, training of horse or rider, or show, including,
for example, a building or use called a boarding stable, livery or
riding academy. A building or use of land to keep horses for the exclusive,
private use of the occupants of a property is an accessory use to
a dwelling use. {See § 110-402Y(1)[a].} A building or use
of land to keep horses as part of a normal agricultural operation
is an agricultural building and use.
STORAGE
The deposition of materials or goods for preservation, later
use and/or disposal.
[Added 3-17-2022 by Ord. No. 2022-03]
STORAGE FACILITY
Structure designed for storage of nonhazardous materials
for a commercial use. This definition shall not include light manufacturing,
heavy manufacturing, self-storage or distribution center uses as defined
by this chapter.
[Added 3-17-2022 by Ord. No. 2022-03]
STORY
That part of a structure between the surface of any floor
and the next floor above it or, where no next floor exists, the finished
ceiling or roof above it.
STREET
A way used or intended to be used by vehicular traffic, whether
public or private, but not including access drives or driveways.
STREET CLASSIFICATION
The functional classification of streets as shown on the
roadway classification made part of the Mount Joy Township Comprehensive
Plan:
(1)
EXPRESSWAYA major divided highway with access provided only at interchanges. U.S. Route 15 is classified as an expressway.
(2)
ARTERIALA major street designed for high volumes of traffic at moderate speeds. Baltimore Pike (State Road 97) is an arterial.
(3)
COLLECTORA major street gathering traffic from local roads and intended to provide for moderate volumes of traffic at low speeds.
(4)
MINOR/LOCALA street primarily intended to provide direct access to adjacent lots and channeling traffic to collector roads.
STRUCTURE
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter, means any man-made object having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, excluding stormwater management retention/detention basins
and related inlet and/or outlet devices, sidewalks, driveways leading
directly to a public street, and public utility lines and appurtenances.
Structures shall not include such things as sandboxes, decorative
fountains, swing sets, birdhouses, bird feeders, mailboxes, landscape
pots and urns, planters not exceeding 12 inches in height, and any
other similar non-permanent improvements.
SUBDIVISION
As defined in the then-current Pennsylvania Municipalities
Planning Code, 53 P.S. § 10107(a); as of the date of enactment
of this chapter means 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. 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.
TARGET RANGE
An area which is designated, used and/or improved for target
practice for any purpose, including but not limited to recreation,
licensing, certification, or training. The definition of target range
is intended to be broad and inclusive, including a use available and
open to the public generally or by membership, invitation, or similar
limitation (including a class) and excluding only target practice
conducted on an occasional basis on a landowner's property by the
landowner, his immediate family and invitees.
[Added 4-18-2019 by Ord.
No. 2019-02]
TAVERN
A facility where the sale of alcoholic beverages is the primary
purpose. Such use may include the accessory sale of prepared foods
and provision of entertainment.
THEATER
A building or part thereof devoted to the showing of movies
or theatrical productions, but not including an adult movie theater.
TRADE SCHOOL
A specialized instructional facility, providing on-site education
and training of business, commercial and/or trade skills for workplace
application (and not providing state-required education to persons
ages four through 19), primarily within classrooms or training areas
enclosed in a building, and including on-site the administrative and
business offices of the trade school.
TRANSIENT
Any person who assumes temporary occupancy of a dwelling
unit, for the purposes of visitation, recreation or leisure, or short-term
employment or work purposes, for a period of three months or less
in a single calendar year, whether occasional, intermittent or successive.
TRUCK STOP
Structure(s) and related external facilities and area providing
for the comfort, convenience and safety of those engaged in the trucking
industry, fueling stations (gas, diesel and electric charging), minor
vehicle repair services (e.g., tire repair and replacement, windshield
wiper replacement, battery replacement, and similar activities) and
accessory services for the drivers (e.g., dining, retail of convenience
goods, laundromats, rest lounges, locker rooms, bathing areas and
similar uses).
[Added 3-17-2022 by Ord. No. 2022-03]
TRUCK STOP WITH MAJOR VEHICLE REPAIR SERVICES
Structure(s) and related external facilities and areas providing
for the comfort, convenience and safety of those engaged in the trucking
industry, fueling stations (gas, diesel and electric charging), vehicle
repair services, and accessory services for a driver (e.g., dining,
retail of convenience goods, laundromats, rest lounges, locker rooms,
bathing areas and similar uses).
[Added 3-17-2022 by Ord. No. 2022-03]
USE
The specific purpose(s) for which land or a structure is
designed, arranged, intended, occupied or maintained.
VARIANCE
Relief from the requirements of this chapter pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code upon application to and decision by the Zoning Hearing Board of the Township.
VETERINARY OFFICE
A building used for the treatment of animals and related
shelter of sick and injured animals receiving care.
WALL
A man-made barrier placed or arranged as a line of demarcation,
an enclosure, a visual barrier, or a landscape feature which exceeds
24 inches in height or, regardless of height, does not exceed 10 feet
in length, and which is constructed principally of masonry, concrete,
cinder block or similar materials.
WETLANDS
An area of land and/or water meeting one or more definitions
of a wetland set forth in the then-current federal and Pennsylvania
law and regulation.
WHOLESALE
Sales that primarily involve transactions with other businesses
and/or off-site delivery.
WIDTH
The horizontal measurement between the outer face of two
vertical structural walls or between lot, right-of-way, setback, or
buffer lines.
WORSHIP, PLACE OF
Structure or lot used for religious and/or spiritual activity,
including, but not limited to, a church, monastery, mosque, synagogue
and temple.
ZONING PERMIT
(1)
In the event of a use permitted by right, a written permit issued
by the Zoning Officer stating that a proposed structure, or expansion
or addition thereto, or the use of a structure or land complies with
the applicable requirements of this chapter.
(2)
In the event of a use permitted by conditional use or special
exception, a written decision issued by the Board of Supervisors of
Mount Joy Township granting approval of a conditional use application
or written decision issued by the Zoning Hearing Board of Mount Joy
Township granting approval of a special exception; provided that,
in the event conditions have been attached to the grant of approval
of a conditional use or special exception, a zoning permit also includes
a writing issued by the Zoning Officer stating that the conditions
attached to the approval have been satisfied.
(3)
In the event that a building or structure or sign, or expansion
or addition thereto, or the use of a structure or land requires a
variance, a written decision issued by the Zoning Hearing Board of
the Township granting a variance; provided that, in the event conditions
have been attached to the grant of a variance, a zoning permit also
includes a writing issued by the Zoning Officer stating that the conditions
attached to the grant of variance have been satisfied.