This ordinance shall be known as the "Mount Joy Township Zoning Ordinance of 2017" and may be cited as the "Mount Joy Township Zoning Ordinance." This ordinance shall be codified in the Code of the Township of Mount Joy as Chapter 110, Zoning.
A. 
This chapter is enacted for the following purposes:
(1) 
To promote, preserve, protect, and facilitate any or all of the following: the public health, safety, morals, and general welfare; coordinated and practical community development and proper density of population; compatibility between land uses; direct higher density and more intensive development to areas accessible by major roads and having the potential of central water and sewer services; provision of adequate light, air and water resources; access to utility services, transportation, vehicle parking and loading, emergency services, schools, recreational facilities and public grounds; and the natural, scenic, and historic features.
(2) 
To prevent any or all of the following: overcrowding of land; blight; congestion in travel and transportation; and loss of health, life, and property from fire or other dangers.
(3) 
To ensure that new development enhances, rather than detracts from, the quality of life.
(4) 
To encourage the continuation of farming where practical and appropriate.
(5) 
To maintain the character of existing residential areas.
(6) 
To provide for the use of land within the Township for residential housing of various dwelling types encompassing all basic forms of housing.
(7) 
To establish and maintain a road system that provides for efficient and safe traffic circulation.
(8) 
To provide for economic development and employment opportunities.
(9) 
To provide adequate community facilities.
(10) 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of uses.
B. 
This chapter was prepared with careful consideration being given to, among other things, existing development patterns, the character of various areas within the Township, their suitability for particular uses, conservation of property values, encouragement of the most appropriate use of land throughout the Township, and the proper fit between land uses to minimize adverse impacts.
C. 
This chapter is generally consistent with the Mount Joy Township Comprehensive Plan, adopted by Mount Joy Township Board of Supervisors in 2003, and updated November 20, 2014. The Comprehensive Plan states community development goals and objectives, which this chapter seeks to promote and to establish. It is recognized that circumstances may necessitate the adoption and timely pursuit of new goals and the enactment of a new ordinance or amendment to this chapter that may neither require nor allow for the adoption of a new Comprehensive Plan. This chapter also is generally consistent with the current Adams County Comprehensive Plan.
The zoning districts and requirements and standards in this chapter are made in consideration of the Comprehensive Plan for the general welfare of the Township and are intended to achieve, among others, the following objectives:
A. 
To provide for a balance of and diversity in land uses that characterize a viable and successful community in consideration of historic and existing development patterns in the Township, and the location, size and density of the Township.
B. 
To accommodate new development while maintaining adequate densities and scale of development and preserving essential and desirable community features, including, but not limited to, retention of natural features, historic preservation, and sufficient services and infrastructure.
C. 
To establish appropriate design requirements and standards that minimize adverse impacts at the interface between residential and nonresidential areas and uses and between low density and higher density residential areas and uses.
A. 
Except as otherwise provided herein, from and after the effective date of this chapter, (i) the use of land or, (ii) a structure used, erected, altered with respect to height and area, added to, or relocated in the Township shall be in conformity with the provisions of this chapter. A zoning permit, and also a building permit and other permits and/or approvals as circumstance dictates, is required prior to the start of construction, development, occupancy or use.
B. 
Any legally existing lot, structure or use of land or structure not in conformity with the requirements and standards herein shall be regarded as nonconforming, but may be continued, expanded, or changed subject to the special regulations provided herein with respect to a nonconforming lot, structure or use.
C. 
This chapter shall not apply to any existing or proposed structure used or to be used by a public utility corporation if, upon petition of the utility, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed structure, or extension thereof, is reasonably necessary for the convenience or welfare of the public. This exemption shall not apply to wireless telecommunications antennas, communications equipment buildings, and towers regulated under the 1996 Telecommunications Act; electric distribution facilities; or any utility use that has been deregulated by the appropriate state and/or federal agencies and where zoning regulation is not preempted.
D. 
This chapter shall not apply to any existing or proposed uses, lots or structures (including signs) owned, occupied, and/or operated by the Township.
E. 
The application of this chapter shall be limited as to mineral, coal and natural gas fuel extraction only to the extent that local regulation of such uses has been superseded and preempted by law, such as:
(1) 
The Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act";[1]
[1]
Editor's Note: See 52 P.S. § 1396.1 et seq.
(2) 
The Act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act";[2]
[2]
Editor's Note: See 52 P.S. § 3301 et seq.
(3) 
The Act of December 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act," as amended by Act 13 of 2012; and
(4) 
To the extent that the subsidence impacts of coal extraction action are regulated by the Act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act."[3]
[3]
Editor's Note: See 52 P.S. § 1406.1.
A. 
This chapter does not repeal, annul, or interfere with any prior existing ordinances or with any approval or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter.
B. 
Where this chapter imposes greater restrictions upon the use of structures or land, or upon the height and bulk of structures, or the size of open spaces that are required by the provisions of any other ordinance, then the provisions of this chapter shall control.
C. 
If a discrepancy exists between any provisions contained within this chapter, the provision which imposes the greater restriction shall apply.
A. 
In interpreting and applying the provisions of this chapter, due consideration shall be given to the promotion of the health, safety, and general welfare of the residents of the Township.
B. 
In interpreting and applying the provisions of this chapter to determine the extent of the restriction upon the use of a lot, where doubt exists as to the intended meaning of the language written and adopted by the Township Board of Supervisors, the provisions shall be interpreted in favor of the property owner and against any implied extension of the restriction.
C. 
In this chapter, when not inconsistent with the context in which found:
(1) 
Words in the present tense imply also the future tense;
(2) 
The singular includes the plural;
(3) 
The male gender includes the female gender;
(4) 
The word "person" includes an individual, partnership, corporation, association, governmental entity, trustee, receiver, successor, assignee, agent or similar representative; and
(5) 
The term "shall" or "must" means mandatory.
D. 
References to laws, codes, ordinances, guidelines, resolutions, plans, maps, governmental bodies, commissions or agencies, or officials are to those in effect or office from time to time, including amendments or revisions thereto or successors thereof, unless this chapter indicates another reference is intended. If the cited provision has been repealed in its entirety, such as the elimination of a state licensure requirement, any reference in this chapter shall be interpreted to mean only such requirement as exists.
A. 
Whenever a use is not specifically permitted by this chapter, and an application is made to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Board of Supervisors to hear and decide such request as a use permitted by conditional use in the Baltimore Pike Corridor District or Baltimore Pike Corridor Intensive Uses Overlay District.
B. 
Application.
(1) 
The applicant for such use must submit an application that satisfies all of the informational requirements governing a conditional use application as set forth in § 110-1201. In addition, the applicant for such use also must submit with the application a written analysis that with particularity addresses the following:
(a) 
That the proposed use is not permitted in any district under the terms of this chapter;
(b) 
That the proposed use is not prohibited in the district in which the subject lot is located;
(c) 
That the proposed use is similar in scale and impacts and compatible with a permitted use(s) in the district in which the subject property is located.
[Amended 3-21-2019 by Ord. No. 2019-01]
(d) 
That the proposed use is proposed in a manner that complies with the strictest requirements imposed upon the other use(s) identified, by operation of Subsection B(1)(c) above, by the applicant or determined by the Board of Supervisors as similar to the proposed use, including, but not limited to, hours of operation, traffic management, parking, noise, odor, dust and other emissions, illumination, solid waste management, water supply demands, and sewage treatment requirements;
(e) 
That the proposed use can be compliant with other applicable Township ordinances;
(f) 
That the use is proposed in a manner that minimizes any likely adverse impacts that would be generated uniquely by the proposed use, including, but not limited to, hours of operation, traffic, parking, noise, odor, dust and other emissions, illumination, solid waste management, water supply demands, and sewage treatment; and
(g) 
That the use is proposed in a manner that minimizes any likely impacts that would be generated by the proposed use to natural, scenic, historic and esthetic values of the environment within the scope of Article I, Section 27 of the Pennsylvania Constitution (Environmental Rights Amendment); provided that zoning regulation is not preempted.
(2) 
The Zoning Officer may return the application to the applicant without further action or consideration by the Township upon finding that the application is incomplete as submitted.
C. 
In considering a conditional use for a use not provided for, the Board of Supervisors shall consider the following:
(1) 
The purpose of the zoning district in which the use is proposed to be located;
(2) 
The compatibility of the proposed use with existing and potential land uses permitted by right, conditional use or special exception on adjacent lots and lots in proximity to the proposed use that can reasonably be deemed to be impacted thereby;
(3) 
Whether the specific site is an appropriate location for the proposed use, taking into consideration impacts, including, but not limited to, hours of operation, traffic, parking, noise, odor, dust and other emissions, illumination, and solid waste management, and proposed safeguards to reduce or minimize such adverse impacts upon persons, lots, and structures in proximity to the proposed use that can reasonably be deemed to be impacted thereby;
(4) 
Existing and anticipated infrastructure (e.g., streets, utilities, stormwater management facilities) serving the lot and the area in proximity to the proposed use; and
(5) 
Natural and historic resources that can reasonably be deemed to be impacted thereby to the extent municipal zoning regulation over such resources is not preempted.
D. 
To approve a conditional use for the use, the Board of Supervisors must find that the proposed use satisfies the informational and objective standards applicable to conditional uses set forth in Article XII, and further find that the use:
(1) 
Is not permitted in any district under the terms of this chapter;
(2) 
Is not prohibited in the district in which the subject lot is located;
(3) 
Is similar to and compatible with one or more permitted uses in the district in which the subject lot is located;
(4) 
Is proposed in a manner that complies with the more restrictive of all applicable requirements imposed upon other use(s) that, in the opinion of the Board of Supervisors, are most closely similar to the proposed use and which requirements, in the opinion of the Board of Supervisors, address the likely adverse impacts that will be generated by the proposed use;
(5) 
The specific site is an appropriate location for the proposed use, taking into consideration adverse impacts, including, but not limited to, hours of operation, traffic, noise, odor, dust and other emissions, illumination, solid waste management, and water supply demands, and proposed safeguards to reduce or minimize such adverse impacts upon persons, lots, and structures in proximity to the proposed use that can reasonably be deemed to be impacted thereby;
(6) 
Complies with all other applicable sections of this chapter;
(7) 
Demonstrates that it can comply with other applicable ordinances of the Township;
(8) 
Does not conflict with the general purposes and intent of this chapter; and
(9) 
Would not be detrimental to the public health, safety and welfare of the area of the Township in which the subject lot is located and which reasonably can be deemed to be impacted thereby.
A. 
Except where otherwise provided in this chapter, only one principal use and one principal structure shall be permitted on a single lot.
B. 
In any single nonresidential structure in the BPC or BPC-O Districts, any number of uses allowed in the district where the structure is located is permitted, provided that the applicable general requirements are satisfied for each use.
C. 
A lot in the BPC-O District may include more than one principal use and more than one principal structure per lot, provided that all of the requirements of this chapter are met for each use and each structure.
D. 
In the BPC District, an integrated mixed nonresidential/residential planned development may include more than one principal use and more than one principal structure per lot and a relaxation of otherwise applicable dimensional requirements (except maximum height) within the planned development, provided that:
(1) 
The proposed total number of dwellings does not exceed one per acre;
(2) 
The minimum open space and maximum lot coverage requirements stated for the district in the Table of Dimensional Requirements and calculated based upon the total planned development acreage are satisfied;
(3) 
The minimum setbacks stated for the district in the Table of Dimensional Requirements applied along the perimeter of the planned development are satisfied; and
(4) 
A thirty-foot buffer meeting the requirements of § 110-708 is provided along the perimeter of the planned development.
E. 
All principal uses shall be on lots with frontage on a street (public or private) or, in the event of a nonconforming landlocked or flag lot, have access to a public or private street by means of a lawfully established access easement of a width suitable to handle the amount and type of traffic likely to be generated or, in the event of a conforming flag lot, the pole of the flag lot fronts on a public or private street.
[Amended 9-3-2020 by Ord. No. 2020-05]
A. 
For the purpose of this chapter, Mount Joy Township is hereby divided into districts, which are described in Article II and which shall be shown on the Zoning Map, and designated as follows:
AC
Agricultural Conservation
OC
Open Countryside
BPC
Baltimore Pike Corridor
BPC-O
Baltimore Pike Corridor
Intensive Uses Overlay
B. 
For purposes of this chapter, the OC and BPC Districts are residential zoning districts.
A. 
The district boundary lines shall be as shown on the Zoning Map. District boundary lines are intended to coincide with the corporate boundary of the Township and lot lines; center lines of streets and alleys, railroad rights-of-way, and streams or other bodies of water as may exist at the time of passage of this chapter; or, where such features are not proximate to the district boundary lines, to exist as dimensioned on the Zoning Map. Where uncertainty exists as to the boundaries of the districts as indicated on the Zoning Map, the following rules and guidelines shall be applicable.
(1) 
Where district boundaries are indicated as approximately coinciding with the center lines of streets, highways, lanes, alleys, railroad tracks, rivers or creeks, such center line shall be construed to be such boundaries.
(2) 
Where district boundaries are indicated as approximately coinciding with lot lines or deed lines, such lines shall be construed to be such boundaries.
(3) 
Where district boundaries are indicated as approximately coinciding with municipal boundary lines, such lines shall be construed to be such boundaries.
(4) 
Where district boundaries are indicated as being approximately perpendicular to the right-of-way lines of streets or highways, such district boundaries shall be construed as being perpendicular to the right-of-way lines.
B. 
In the event of dispute about the location of the boundary of any district, the Zoning Officer shall investigate the legislative records of the Township as may exist that are relevant to the drafting, consideration and adoption of the Zoning Map and following such investigation shall make a written recommendation on the location of the boundary to the Board of Supervisors. In the event the recommended boundary differs from the boundary as then shown on the Zoning Map or if any person disputes, in writing, the location of a boundary as recommended by the Zoning Officer, the boundary will be considered in accordance with the procedures, then current, required by the Pennsylvania Municipalities Planning Code[1] for consideration of a Zoning Map amendment.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
General interpretation. For purposes of this chapter, words and terms shall be understood as follows:
(1) 
The singular shall also include the plural.
(2) 
"He" shall include "she," as well as "it" when referring to a business entity rather than an individual.
(3) 
The word "person" includes a business entity as well as an individual.
(4) 
Words in the present tense shall include the future tense.
(5) 
"Should" means that it is strongly encouraged.
(6) 
"Shall" means mandatory.
(7) 
The words "include" and "including" limit a provision to the matters specified, except where followed by the phrases "for example," "such as," or "but are not limited to," in which case the matters specified are examples of matters that would comply with the provision.
(8) 
If a word or term is not defined in this chapter, then the word or term shall have its plain and ordinary meaning, as may be understood upon consultation of a standard dictionary, appropriate to the context in which the word or phrase appears in the chapter.
B. 
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.
ABUT or ABUTTING
See "adjacent."
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.
ADJOIN or ADJOINING
See "adjacent."
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.
AUTOMOBILE SERVICE STATION
See "gasoline service station."
BAR
See "tavern."
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,[1] are designated for separate ownership and the remainder of which is designated for common ownership.
CONTIGUOUS
See "adjacent."
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;
(5) 
Propane fuel sales;
(6) 
Dispensing of compressed air;
(7) 
Retail sale of oil, washer fluid, and other automotive-related items;
(8) 
Car wash;
(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.
(1) 
FAMILY DAY-CARE HOMEDwelling in which day care is provided at any one time to four to six children.
(2) 
DAY-CARE CENTERFacility where day care is provided to seven or more children.
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,[2] 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.
GROUP HOME
See "family," Subsection (2).
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.[3]
(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.
HOME OCCUPATION
See "no-impact home-based business."
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[4]), 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.
(2) 
A subdivision of land.
(3) 
In accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code[5] 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.
(3) 
LOT, INTERIORA lot with only one street frontage.
(4) 
LOT, LANDLOCKEDA lot which has no frontage on any street (public or private).
(5) 
LOT, THROUGH/REVERSE-FRONTAGEA lot having frontage on two parallel or approximately parallel streets.
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]
(2) 
LOT LINE, REARLot line parallel to the front lot line.
(3) 
LOT LINE, SIDELot line other than a front or rear lot line.
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.
MINIMUM SEPARATION DISTANCE
The minimum horizontal distance measured between two identifiable points.
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;
(d) 
Towing; and
(e) 
State inspections.
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.[6] 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.
OFFICIAL STREET CLASSIFICATION MAP
The map classifying streets adopted by the Board of Supervisors and made part of the Comprehensive Plan.
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.
PREMISES
See "lot."
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.
PROPERTY
See "lot."
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.[7]
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.
SIGN
See Article VIII.
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.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: See 42 U.S.C.A. § 3604(a), (f)(3)(B).
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[4]
Editor's Note: See 75 Pa.C.S.A. § 102.
[5]
Editor's Note: See 53 P.S. § 10503.
[6]
Editor's Note: See 3 P.S. § 1901 et seq.
[7]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.