A. 
For the purpose of this chapter, certain terms and words are defined under § 155-12.
B. 
Words used in the present tense shall include the future tense.
C. 
Words in the singular shall include the plural, and words in the plural shall include the singular.
D. 
Words in the masculine shall include the feminine and the neuter.
E. 
The word "shall" or "must" is mandatory.
F. 
The word "may" is permissive and the word "will" is directory.
G. 
The word "person" includes "individual," "corporation," "partnership," "organization," "association," "trust" or other similar entities.
H. 
The words "used for" include "designed for," "arranged for," "intended for," "maintained for" or "occupied for."
I. 
The word "building" shall be construed as if followed by the phrase "or part thereof."
J. 
Any word or term not defined herein shall be used with a meaning of standard usage.
Terms or words used in this chapter, unless otherwise expressly stated, shall be construed as defined below. When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
ABANDONED VEHICLE
Any inoperable vehicle lacking a currently effective state license or inspection sticker.
ABUT
The state of being side by side, next to or adjoining one another.
ACCESS DRIVE
An improved cartway or paved service road designed to provide vehicular access between the public road and the off-street parking area for the designated use.
ACCESS POINT
A clearly defined point of ingress and egress for vehicles at the street line.
ACCESSORY BUILDING OR STRUCTURE
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal use.
ACCESSORY USE
A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of land or of a building on a lot.
ACRE
43,560 square feet.
ACT
The Pennsylvania Municipalities Planning Code, as amended and codified in 53 P.S., § 10101.
ACT 247
The Pennsylvania Municipalities Planning Code, as amended and codified in 53 P.S., § 10101.
ADAPTIVE REUSE AND REDEVELOPMENT OVERLAY
A special overlay district established to permit the planned reuse, division and/or redevelopment of existing buildings, structures and land areas within certain zoning districts, subject to the requirements of § 155-45 of the Caln Township Code.
ADJACENT
The state of being side by side, next to or adjoining one another.
ADMINISTRATIVE OFFICE(S)
An establishment primarily engaged in overall management and supervisory functions, such as executive, personnel, finance, legal and sales activities, typically performed in a single location or building for other branches or divisions of the same company.
ADT (AVERAGE DAILY TRAFFIC)
The average number of vehicles that pass over a given point per day.
ADULT, AGE QUALIFIED CONTINUING CARE RETIREMENT COMMUNITY
A unified planned residential development servicing the housing, personal needs and care of older persons, who are generally 55 years of age or older, within residential units, and as further defined in this chapter of the Code. This use is intended to provide housing opportunities for older persons in accordance with the Fair Housing Act.
ADULT BUSINESS USE or ADULT ENTERTAINMENT USE
Any adult arcades, adult bookstore, adult cabaret, adult theater, adult mini motion-picture theater, adult novelty stores, adult video stores, escort agencies, nude model studios, sexual encounter centers, nontherapeutic massage parlor or other similar adult business uses or adult entertainment uses, whereas, under the provisions of the Caln Township Code and the State Obscenity Code, as amended, must exclude minors or may not knowingly disseminate to minors. The following subdefinitions shall also apply to adult business uses or adult entertainment uses:
A. 
ADULT ARCADE or MINI MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons within private viewing booths and/or by use of token, coin-operated viewing booths, projectors, video machines or other electronic media sources projectors, as defined by the Caln Township Code and/or the State Obscenity Code, as amended.
B. 
ADULT BOOKSTORE and ADULT NOVELTY STOREA commercial establishment having as a substantial or significant portion of its stock in trade (for sale or rental) books, magazines, periodicals, photographs, films, videos, motion pictures, slides or similar materials, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined by the Caln Township Code and/or the State Obscenity Code, as amended. An adult bookstore and/or adult novelty store may include the sale of instruments, devices, novelties or paraphernalia which are designed for the use in connection with specified sexual activities.
C. 
ADULT CABARETA nightclub, bar, club, restaurant, tavern, theater or similar commercial establishments which features: persons who appear in the state of nudity or seminudity; live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas; and/or films, motion pictures, videocassettes, slides or other photographic reproductions which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
D. 
ADULT ESTABLISHMENTAn adult business use and/or an adult entertainment use as permitted under the Caln Township Code.
E. 
ADULT THEATERA theater, concert hall, auditorium, business or similar commercial establishment which features: persons who appear in the state of nudity or seminudity; live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas; and/or films, motion pictures, videocassettes, slides or other photographic reproductions which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
F. 
ESCORTA person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie, or to privately perform a striptease for another person.
G. 
ESCORT AGENCYA person or business association who or which furnishes, offers or advertises to furnish escorts for a fee, tip or other consideration as part of its business.
H. 
NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity or displays specific anatomic areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, who may pay money or any other form of consideration.
I. 
NUDITY or OF NUDITYThe showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage; the showing of the female breast with less than fully opaque covering of any part of the nipple; the showing of the covered male genitals in a discernibly turgid state; or as defined by the Commonwealth of Pennsylvania.
J. 
SEMINUDE or SEMINUDE CONDITIONThe state of dress in which clothing partially or transparently covers or exposes specified anatomical areas.
K. 
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that as one of its principal business purposes offers for any form of consideration: physical contact in the form of wrestling or tumbling between persons of the opposite sex; activities between male and female persons and/or persons of the same sex when one or more of the persons is in the state of nudity or seminudity; any violation on the activity popularly denominated as "mud wrestling; or any sexual encounter activities defined by the Commonwealth of Pennsylvania.
L. 
SEXUALLY ORIENTED BUSINESSAny adult business or entertainment use.
M. 
SPECIFIC ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breasts(s) below a point immediately above the top of the areola or human male genitals (covered or uncovered) in a discernibly turgid state, or as defined by the Commonwealth of Pennsylvania.
N. 
SPECIFIED SEXUAL ACTIVITIESActivities including: the fondling or other erotic touching of human genital, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; excretory functions as part of or in connection with any of the sexual activities set forth in this Code; or any specified sexual activities defined by the Commonwealth of Pennsylvania.
O. 
OBSCENITY CODE Section 5903, Title 18, Pennsylvania Consolidated Statutes, as amended.
ADULT TRAINING FACILITY
A facility which provides supervision and/or instruction on a daily basis for one or more individuals who have a physical or mental disability who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized and/or licensed and whether operated for profit or not for profit. An adult training facility shall also be considered as an adult day-care facility.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURE (GENERAL)
The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry and animal husbandry. This chapter of the Code outlines the limitations for general agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act, as amended.
AGRICULTURE (INTENSIVE)
Specialized agricultural activities, including but not limited to mushroom, egg and poultry production, and dry lot livestock production, which due to the intensity of production or raw material storage needs, necessitate special control of operation, raw material storage and processing, and disposal of liquid and solid wastes. Intensive agricultural activities shall also include general agricultural activities exceeding the standards and specifications outlined under this chapter. This chapter also outlines the limitations for intensive agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act, as amended.
ALLUVIAL SOILS
Soils which have been formed in alluvium and deposited by past stream or flooding conditions.
ALLUVIUM
Soil material such as sand, silt or clay that has been deposited on land by past stream or flooding conditions.
ALTERATION(S)
Any change or rearrangement in the structural parts or in the existing facilities of a building or structure, such as bearing walls, columns, beams, girders, joists, rafters, headers or enclosed walls, or any enlargement or modification thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another, or any other change of use of a building or a lot.
ANIMAL HOSPITAL or CLINIC
A professional veterinary establishment used for the diagnosis, care and treatment of ailing or injured animals, which may include overnight accommodations. The overnight boarding of healthy animals shall be considered a kennel.
ANIMAL HUSBANDRY
The raising and keeping of livestock and poultry for any commercial purpose. The keeping of livestock and poultry as domestic pets as defined within the Caln Township Code shall not be considered as animal husbandry.
[Amended 12-3-2015 by Ord. No. 2015-06]
ANIMAL UNIT
Farm animals or livestock equaling 1,000 pounds per animal unit.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc), microwave antenna, whip antenna or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined herein.
[Amended 11-20-2014 by Ord. No. 2014-04]
ANTENNA HEIGHT
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
ANTIQUE SHOP
A commercial establishment for the sale of antiques such as clocks, lamps, clothing, rugs, jewelry, furniture and similar items.
APARTMENT BUILDING
A single building on a single lot which contains at least three dwelling units which may be separated horizontally and/or vertically.
[Added 10-10-2013 by Ord. No. 2013-07]
APARTMENT COMPLEX
A group of two or more apartment buildings built on a lot or lots which shall also include common amenities and recreational facilities for the use of the apartment residents, such as but not limited to office space for uses associated with the apartment development, swimming pools, fitness rooms, recreational areas, open space and common parking areas.
[Added 10-10-2013 by Ord. No. 2013-07]
APPLICANT
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
APPOINTING AUTHORITY
The Caln Township Board of Commissioners.
ARCHITECT
An architect registered by the Commonwealth of Pennsylvania.
ARRAY
Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
[Added 9-12-2013 by Ord. No. 2013-06]
ASSISTED LIVING UNIT
A residential facility for the housing and care of elderly, frail or disabled persons.
ATTIC
That part of a building, which is immediately below and wholly or partly within the roof framing.
AUCTION HOUSE
A commercial establishment where goods are sold at auction, including space devoted to sales and storage, off-street loading and unloading spaces and all off-street parking spaces.
AUTOMOBILE LEASING
Any building or land area devoted to leasing of vehicles. Such use shall not permit the retail sale of vehicles.
[Added 6-8-2017 by Ord. No. 2017-01]
AUTOMOBILE SALES
Any building or land area devoted to the sale of new or used vehicles, including customary service and repair facilities within an enclosed building.
AUTOMOBILE SERVICE STATION
Any building or land area devoted to the repair, servicing, restoration, reconstruction and maintenance of vehicles, including the retail sale of gasoline, motor oil, car washes, batteries and other similar vehicular accessories.
AUTOMOTIVE TRADE SCHOOL
A commercial school carried on as a business for the vocational teaching and training of a trade or skill in the automotive field.
[Added 10-30-2008 by Ord. No. 2008-9]
BASEMENT
That portion of a building that is partly or completely below the grade plane. A basement shall be considered a story above grade plane when the finished surface of the floor above the basement is as follows: more than six feet above the grade plane; more than six feet above the finished ground level for more than 50% of the total building perimeter; and/or more than 12 feet above the finished ground level at any point.
BED-AND-BREAKFAST
The use and occupancy of a single-family detached dwelling for the purpose of accommodating transient guests for compensation or rent up to a maximum of 10 consecutive days.
BLOCK
A tract of land or a lot or group of lots bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Township, or by any combination of the above.
BOARD
The Board of Commissioners of the Caln Township, Chester County, Pennsylvania.
BOARD OF COMMISSIONERS
The Board of Commissioners of Caln Township, Chester County, Pennsylvania.
BOARDINGHOUSE
The use and occupancy of a single-family detached dwelling for the purpose of accommodating four or less transient guests for rent or compensation.
BUFFER YARD
A continuous strip of land which is clear of all buildings and paved areas and is adequately landscaped in accordance with this chapter.
BUILDING
Any combination of material forming any structure, which is erected on the ground and permanently affixed thereto, whereas the framed components or structural parts are designed for the complete enclosure (with walls and a roof) and support for individuals, animals or property of any kind.
BUILDING AREA
The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions.
BUILDING COVERAGE
The percentage of a lot covered by principal and accessory buildings.
BUILDING ENVELOPE
The area of a lot that has no building or construction restrictions such as building set back requirements, rights-of-way, easements, floodplains, wetlands, steep slopes or similar restrictions as defined in this chapter.
BUILDING FRONTAGE
The front of a building considering the location of the main entrance and the public street providing access. For corner lots, the building frontage shall be established along both streets to which the building has frontage or access.
BUILDING HEIGHT
The vertical distance measured from the grade plane to the average roof height, as further defined by the appropriate building codes adopted by Caln Township.
BUILDING-INTEGRATED SYSTEM
A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surface of walls, windows openings or roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other façade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.
[Added 9-12-2013 by Ord. No. 2013-06]
BUILDING LENGTH
The measurement of a building in one general direction.
BUILDING-MOUNTED SYSTEM
A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Township and that is either the principal structure or an accessory structure on a lot. This system also includes any solar-based architectural elements.
[Added 9-12-2013 by Ord. No. 2013-06]
BUILDING SETBACK
The minimum distance a building or structure must be set back from the ultimate street right-of-way line (where it exists) or from the street legal right-of-way line (where the ultimate right-of-way does not exist) of the street immediately adjacent thereto.
BUILDING SETBACK LINE
The line within a property establishing the minimum required distance between any building or structure, or portions thereof, to be erected or altered and a street right-of-way (except the right-of-way of a service street). The distance shall be measured at right angles from the street right-of-way line which abuts the property, and the building setback line shall be parallel to said right-of-way line.
CALIPER or CALIPER AT BREAST HEIGHT
The diameter of a tree trunk, as measured 54 inches from the ground surface.
CAMPGROUND
A plot of ground upon which two or more campsites are located for occupancy, regardless whether a fee has been charged for the occupancy of such space.
CAMPING UNIT
A tent or camping vehicle located on a campsite.
CAMPSITE
A plot of ground within a campground for the use of a single camping unit.
CARBONATE GEOLOGY OVERLAY DISTRICT
A conservation overlay of land and water, which are generally underlain by geological features with limestone and dolomite characteristics, as categorized and defined under § 155-38 of the Code.
CARPORT
A building open on two or more sides and used in association with a dwelling for the storage of private motor vehicles.
CARTWAY
The portion of a street right-of-way, whether paved or unpaved, designed for vehicular use.
CELL
The smallest basic solar electric device which generates electricity when exposed to light.
[Added 9-12-2013 by Ord. No. 2013-06]
CELLAR
A story partly below the finished grade, having at least 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.
CEMETERY
Land used or intended to be used for the burial of human remains and may include columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF USE AND OCCUPANCY
A statement issued and enforced by the Zoning Officer, whereas upon the completion, conversion, extension or modification of a new building or existing building, a certificate of compliance is issued and signed by the Zoning Officer, and the building can be lawfully occupied for the intended use or activity.
CHARITABLE ORGANIZATION
An institution, organization or group which is organized and operated for a charitable, educational, religious or philanthropic purpose and which is not intended to make profits.
[Added 8-10-2006 by Ord. No. 2006-9]
CHILD
An individual considered by law to be a minor that is under the age of a person who is under 18 years of age. For the purposes of a day-care center or facility, a child shall be considered any person who is under 15 years of age.
CHURCH
A building used for public worship by a congregation, excluding buildings used primarily for residential, educational, burial, recreational or other uses not normally associated with worship.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at a street intersection defined by a line of sight between points at center lines, as defined by the Caln Township Code.
CLUB or LODGE
An association of persons for some common nonprofit activity, not including groups organized primarily to render a service which is customarily carried on as a business.
A. 
PRIVATE CLUB or COUNTRY CLUBLand and buildings containing private or semiprivate recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms and similar uses for the exclusive use of the members and their guests.
B. 
SOCIAL CLUB or LODGELand and buildings containing recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms and similar uses owned and operated by nonprofit organizations for the exclusive use of the members or guests.
CLUSTER DEVELOPMENT
An alternative development method wherein structures are arranged in closely related groups, reducing lot sizes, preserving land for open space and permitting innovative site design.
CO-LOCATION
The placement or installation of a new wireless communication facility on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of a wireless communication facility if approved by the Township. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.
[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
COMMERCIAL CAMPGROUND
A commercial use, whereas a lot or parcel of land are temporarily occupied by more than two campsites during specified seasons, including tents and recreation vehicles, as defined by the Caln Township Code.
COMMERCIAL CAR WASH
A building or portion thereof where vehicles are cleaned manually or by using a conveyor, blower, steam-cleaning equipment, or other devices. Car washes may be self-service, full service or fully automated and may include car detailing.
[Added 3-30-2023 by Ord. No. 2023-04]
COMMERCIAL COMPOSTING
A commercial use involving the accumulation of biodegradable and organic materials from approved uses, including: mushroom production uses; municipal uses; landscaping uses; nursery uses; forestry uses and other similar uses, as determined appropriate by Caln Township; whereas the composted materials are packaged, processed and/or transported from the commercial composting facility and utilized for other applications.
COMMERCIAL DRIVE-THROUGH ESTABLISHMENT
A permitted commercial use, where the patrons have the option to be provided services without leaving their vehicle, as allowable within certain zoning districts in accordance with the provisions of § 155-79 of this chapter of the Code. A car wash shall not be considered a commercial drive-through establishment.
[Amended 3-30-2023 by Ord. No. 2023-04[
COMMERCIAL RECREATIONAL USE
A use or activity operated as a business that is open to the public for the purpose of recreation and entertainment, including but not limited to, bowling alleys, health or fitness clubs, swimming pools, miniature golf courses, museums, theaters, amusement arcades and other similar commercial recreational uses as determined by the Zoning Officer.
COMMERCIAL SCHOOLS
An educational facility carried on as a business and not operated by a public agency. The range of curriculums can include, but not be limited to, academic instruction, business, technical programs, art, music, dance, language and other similar commercial school uses as determined by the Zoning Officer.
COMMERCIAL USE
A use or activity that includes, but is not limited to, retail sales, businesses, offices, personal services, banks, financial institutions, restaurants, communications, recreation and other similar commercial uses as determined by the Zoning Officer. A massage business and the practice of massage therapy shall not be considered a commercial use.
[Amended 11-29-2018 by Ord. No. 2018-10]
COMMERCIAL USE OF WATER RESOURCES
The use of naturally occurring water when 5,000 gallons or more of such water is used on site per day or when 5,000 gallons or more of such water is exported or transported for use off site. "Naturally occurring water" shall mean all water above and below the ground surface.
COMMERCIAL VEHICLE
Any motor vehicle utilized for a business or trade activity of any kind, including construction, excavating, earthmoving equipment or similar equipment, regardless of the use, excluding a Class I and II motor vehicle, which is properly licensed by the Commonwealth of Pennsylvania.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water, within a development, designed and intended for use or enjoyment of all residents of the development in which it is located. Common open spaces shall not include: land areas within street rights-of-way; required open areas between buildings; between buildings and street rights-of-way, driveways and parking areas; and other areas that may be specified within this chapter. No dwelling unit, accessory building or parking area may be located within common open spaces.
COMMON PARKING AREA
A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling or one townhouse is located.
COMMON WALL
A wall used or adopted for joint service between two buildings or parts thereof.
COMMUNITY CENTER
A public or quasi-public municipal, institutional or recreational use devoted exclusively to accommodate one or more group activities, including but not limited to, civic, social, recreational, educational or cultural or other similar activities determined appropriate by the Zoning Officer, and provided that the community center is properly maintained and is not utilized as a residential use.
COMPLETION
The act of bringing to a condition of physical completeness and readiness for use and occupancy.
COMPREHENSIVE PLAN
The Caln Township Comprehensive Plan, or any part thereof, last updated and adopted by the Caln Township Board of Commissioners in December of 2003.
CONDITIONAL USE
A use in a particular zoning district by approval of the Board of Commissioners in accordance with the specific criteria set forth in this chapter of the Code.
CONFERENCE CENTER
A facility utilized for meetings and seminars, with accommodations for meeting rooms, food preparation, social quarters, restaurants, banquet facilities, bars, taprooms, recreation facilities, entertainment, overnight accommodations and similar uses.
CONSERVATION OVERLAY DISTRICTS
Overlay provisions established to consider conservation management, environmental resource protection, natural resources and open space preservation. These provisions are intended to supplement and enhance the existing underlying zoning district regulations for certain land areas and water features, including: floodplains; wetlands and hydric soils; steep slopes; woodlands; and carbonate geological formations.
CONSERVATION USE
The preservation and utilization of land and surface water as wildlife habitats, forests, farmland, meadows, wetlands, lakes, streams, rivers and other similar uses or features that involve no site improvements other than those required for education, recreation or municipal uses.
CONSISTENCY
An agreement or correspondence between matters being compared, which denotes a reasonable rational, similar connection or relationship.
CONSTRUCTION
The placement of materials and equipment in a defined area to be assembled, built, applied and/or demolished in a temporary or permanent manner, as approved by the designated officials of Caln Township.
CONSTRUCTION SITE
The total necessary land area required for all buildings or uses within a unified development before a zoning permit may be issued.
CONTRACTOR'S ESTABLISHMENT
A commercial use which involves offices and/or the storage of supplies, equipment, machinery and materials for contractors and tradesmen such as builders, masons, carpenters and landscapers. Such use does not include retail sales of products or materials.
[Added 2-22-2018 by Ord. No. 2018-04]
CONVALESCENT HOME
A building containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support and recovery services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a convalescent home, nursing center, rehabilitation center or personal care center.
CONVENIENCE STORE or MINI MARKET
An area of land, together with a building of not less than 4,000 square feet in gross floor area and not more than 10,000 square feet in gross floor area, which is opened to the general public for up to 24 hours per day, owned and operated by one entity, and designed and intended to be utilized for the retail sale within the building of limited food items, beverages, newspapers, magazines and incidental personal care items (but excluding the sale of prescription drugs and clothing) and the location within the building of ATM banking machines for the convenience of the general public, and the retail sale of fuel outside of the building when dispensed from fueling positions located under a canopy.
[Amended 6-8-2017 by Ord. No. 2017-01; 7-13-2017 by Ord. No. 2017-02]
CONVERSION
To change or adapt land or structures to a different use, occupancy or purpose.
COUNTY
The County of Chester, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The Chester County Planning Commission.
COURT
A portion of a lot unoccupied above grade but partially or wholly surrounded by the walls of a structure or buildings.
CRITICAL ENVIRONMENTAL AREA
An area of land or water with one or more of the following characteristics: steep slopes; floodplain; wetlands; hydric soils; high water table soils; land subject to hazardous, municipal or industrial waste; fault areas; sinkholes; stream corridors; estuaries; and habitats of endangered species.
CURATIVE AMENDMENT
A proposed zoning amendment made to the Board of Commissioners by any landowner/applicant who desires to challenge on substantial grounds the validity of an ordinance which prohibits or restricts the use or the development of land in which the landowner/applicant has an interest.
CURBLINE
The edge of the cartway.
DAY-CARE CENTER or FACILITY
The offering of care or supervision to minors or adults with special needs. The following subcategories are related to day-care centers and facilities:
A. 
ADULT TRAINING FACILITYA facility which provides supervision and/or instruction on a daily basis for one or more individuals who have a physical or mental disability who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized and/or licensed and whether operated for profit or not for profit. An adult training facility shall also be considered as an adult day-care facility.
B. 
CHILD DAY-CARE CENTERA facility which, on a daily basis, exclusively provides supplemental parental care and supervision and/or instruction to seven or more children simultaneously, who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized or not, and which is licensed or approved to dispense child care by the Commonwealth of Pennsylvania, and whether operated by a for-profit entity or a not-for-profit entity.
C. 
CHILD GROUP DAY-CARE HOMEA building in which child day care is provided for more than six but fewer than 16 school-age-level children, or more than six but fewer than 13 children of another age, who are unrelated to the operator. Such property shall have outdoor play area in the rear of the property of sufficient size to accommodate 11 children at once which shall be enclosed with at least a four-foot-high continuous fence and self-latching gate.
[Amended 12-17-2007 by Ord. No. 2007-15]
D. 
FAMILY DAY-CARE HOMEA building used principally as a residence by one adult caregiver resident thereof in which child day care is provided simultaneously to four, five or six children who are unrelated to the resident caregiver. Such residential property shall have an outdoor play area in the rear of the property of sufficient size to accommodate six children at once which shall be enclosed with at least a four-foot-high continuous fence and self-latching gate.
DECK
An open or partially enclosed area of a residential use which is constructed in accordance with the Caln Township Code and is occupied for seasonal activities.
DEDICATION
The deliberate appropriation of land by its owner for general public use.
DEED
A written document whereby an estate in real property is described, conveyed and recorded.
DEED RESTRICTION
Clauses included in a deed or other recorded document which restricts, controls or limits the general use of a defined parcel of land.
DENSITY
The number of residential dwelling units per acre or lot area.
DESIGNATED COMMON OPEN SPACE
The area designated as common open space within a residential development, containing open areas for recreational uses and natural resource conservation.
DEVELOPER
Any landowner, agent of such landowner, equitable owner or tenant with the permission of the landowner for whom subdivision or land development plans are being or have been made.
DEVELOPMENT
Any man-made change to improved or unimproved land, including but not limited to buildings or other structures, the installation of utilities, filling, grading, paving, excavation, mining, dredging or drilling operations.
DEVELOPMENT PLAN
A proposal for the development of land, prepared in accordance with the Caln Township Code, including a plan for subdivision or land development, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
DINNER THEATER
A building occupied as a commercial establishment for the purposes of serving food as a restaurant and entertaining patrons with live on-stage theatrical performances, which are considered not to be an adult business or adult entertainment use.
DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana.
[Added 6-8-2017 by Ord. No. 2017-01]
DISTRIBUTED ANTENNA SYSTEMS (DAS)
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
[Added 11-20-2014 by Ord. No. 2014-04]
DISTRICT
A portion of the Township within which certain uniform regulations and requirements, or combinations thereof, apply under the provisions of this chapter.
DOMESTIC PETS
Domesticated animals normally kept in or in conjunction with a dwelling unit for the pleasure of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.
[Amended 12-3-2015 by Ord. No. 2015-06]
DRIP LINE
The outermost edge of a roof including eaves, overhangs and gutters.
[Added 9-12-2013 by Ord. No. 2013-06]
DRIVE-THROUGH ESTABLISHMENT
A commercial establishment, whereas the patrons are provided specialty services without leaving their vehicle, as defined within this chapter.
DRIVEWAY
A privately owned and constructed access drive, providing vehicular access between a public road or an approved private road into the lot or parcel having frontage on the road.
DUMP
A site utilized for the disposal, abandonment, dumping, burial, incineration, burning or other means of discarding garbage, trash, junk, vehicles, automobile parts or other forms of waste.
DWELLING
A building or structure or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding, rooming, lodging houses, nursing homes, motels and institutional residences are not included in the definition of dwelling. The following dwelling types are further defined as follows:
A. 
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
B. 
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a vertical common wall.
C. 
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building arranged, designed or intended for occupancy of two families, living independent of each other in separate dwelling units that are separated by horizontal floors as opposed to vertical walls.
D. 
MULTIFAMILY DWELLINGAn apartment building.
[Amended 7-28-2011 by Ord. No. 2011-06]
E. 
TOWNHOUSEA building arranged, designed and intended to be occupied exclusively as a residence for one family, which is one of a group of three or more such buildings, placed side by side and separated by unpierced vertical common walls, each dwelling having at least one separate entrance from the outside.
F. 
APARTMENT BUILDINGA building or group of buildings with common ownership on a lot containing three or more dwelling units. A multifamily dwelling.
[Amended 7-28-2011 by Ord. No. 2011-06]
G. 
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, created under either the Pennsylvania Unit Property Act, as amended, or the Pennsylvania Uniform Condominium Act, as amended. [1]
H. 
MOBILE HOMEA transportable, single-family dwelling constructed in accordance with the specifications of the Commonwealth of Pennsylvania intended for permanent occupancy contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
I. 
MODULAR or MANUFACTURED HOMEAny structure designed primarily for residential occupancy, which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site. Housing units defined as mobile homes are excluded from this definition.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT
A defined parcel area of land or right-of-way which is granted or conveyed for the limited use of land for public, quasi-public or private purposes.
EDUCATIONAL USE
The use of a building, structure or property for the purpose of educating, teaching or instructing six or more individuals at any one time from kindergarten through the 12th grade. This term shall not include those uses defined as day-care center or facility, higher learning institution, trade school, or automotive trade school.
[Amended 10-30-2008 by Ord. No. 2008-9]
ELECTRIC SUBSTATION
An assemblage of equipment for purposes other than generation or utilization through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the need of the general public.
ELEVATION
The horizontal alignment of a surface above mean sea level as it exists in predevelopment conditions or as it is proposed in postdevelopment conditions.
A. 
CENTER LINE ELEVATIONThe elevation of the street at the midpoint of the street.
B. 
CURB ELEVATIONThe elevation of the street at the curbline.
C. 
FIRST FLOOR ELEVATIONThe elevation of the level of living space at the main entrance of the building.
D. 
GARAGE ELEVATIONThe elevation of the garage floor at the center of the garage door.
EMPLOYEES
The total number of workers (including both part-time and full-time) present on a parcel of land at any given time, other than temporary or occasional construction workers.
ENGINEER
A professional engineer, licensed as such in the Commonwealth of Pennsylvania.
ENVIRONMENTAL IMPACT ASSESSMENT REPORT
A detailed written report that provides discussion of significant environmental impacts and provides reasonable alternatives which would avoid or minimize adverse impacts or enhance the quality of the human environment.
EROSION
The removal of soil, rock or surface particles by the action of water, wind, ice or other agents.
FACADE
The front of a building facing a public or private street or any other building face that is given special architectural treatment.
FAMILY
One person occupying a single dwelling; two or more persons related by blood, marriage or adoption, living together in a single dwelling unit and maintaining it as a functional common household; and/or a group of not more than four persons unrelated by blood, marriage or adoption living together in a single dwelling unit and maintaining it as a functional common household. The term "family" shall be deemed to include any domestic employees or gratuitous guests.
[Amended 7-25-2013 by Ord. No. 2013-05]
FAMILY ENTERTAINMENT COMPLEX
An indoor or outdoor facility providing recreational, educational, social and entertainment facilities suitable for children and their parents.
FARM
An area of land, including all buildings, accessory buildings, farm buildings and one single-family detached principal dwelling, all used for agriculture and where the primary source of income is derived from property.
FARM ANIMALS
Chickens, turkey, sheep, goats, hogs, pigs, cattle, horses and other similar animals which are common to a farm.
[Amended 12-3-2015 by Ord. No. 2015-06]
FARM BUILDING
A barn, silo or any building used for the storage of agricultural equipment or farm produce or housing livestock or poultry. The term "farm building" shall not include dwellings.
FCC
Federal Communications Commission.
[Added 11-20-2014 by Ord. No. 2014-04]
FENCE
A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.
FINANCIAL INSTITUTION
A bank, savings and loan, credit union or similar use.
FIRE APPARATUS ACCESS ROAD
A road that provides fire apparatus access from the fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway.
FLAGPOLE
A flagstaff designed and solely intended for the patriotic display of the flag of the United States of America, or its armed forces, the Commonwealth of Pennsylvania or any political subdivision thereof, or the flag of a group or organization, or combination thereof, and for no other purpose. A flagpole shall not include a standard antenna, a standard antenna support structure, a commercial communications antenna support structure, tower, antenna or any other structure designed, intended or capable of supporting any other use or purpose.
FLEX SPACE
A mixed use of building space designed and occupied in accordance with § 155-96 of this chapter, whereas the permitted principal use occupies at least 20% of the flex space building and the permitted subordinate uses occupies no more than 80% of the flex space building.[2]
FLOOR AREA (GROSS FLOOR AREA)
The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of wall separating buildings. In particular, the floor area of a building or buildings shall include: basement space; all spaces other than cellar space with structural headroom of seven feet, six inches or more; interior balconies and mezzanines; enclosed porches, terraces or other space which are attached to the principal structure on at least one side; attic spaces (with or without a finished floor) providing structural headroom of seven feet, six inches or more is available over 50% of such attic space. However, the floor area shall not include: cellar space, except that cellar space used for retailing; elevator shafts, stairwells, bulkhead, accessory water tanks or cooling towers; terraces; breezeways; uncovered steps; open space; and/or accessory buildings.
FLOOR AREA RATIO
The floor area in square feet of all buildings on a lot divided by the gross area of such lot in square feet.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.
A. 
FELLINGThe act of cutting a standing tree so it falls to the ground.
B. 
LANDINGA place or area where logs, pulpwood or firewood are assembled for transportation to processing facilities.
C. 
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
D. 
OPERATORAn individual, partnership, company, firm, association, or corporation which is engaged in timber harvesting or forestry operations, including the agents, subcontractors and employees thereof.
E. 
SKIDDINGDragging trees on the ground from the stump to the landing area by any means.
F. 
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, broken or uprooted vegetation or similar items.
G. 
STANDAny area of the forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
H. 
TIMBER HARVESTING, TREE HARVESTING or LOGGINGThe process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
I. 
TOPThe upper portion of a tree that has little or no commercial resale value because of its small size, taper or defect.
FUNERAL HOME
A building used for the preparation of the deceased for burial, including the viewing of the deceased and any lawful rituals connected therewith before burial or cremation.
GARAGE, PRIVATE RESIDENTIAL
An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than three motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
GARAGE, PUBLIC or REPAIR
A building, other than a private or storage garage, one or more stories in height, used solely for commercial storage service or repair of motor vehicles.
GARAGE, STORAGE
A building, not a private residential or a public garage, one story in height, used solely for the storage of motor vehicles used in conjunction with a business or industry, but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.
GEOGRAPHIC INFORMATION SYSTEM (GIS)
A computer-based system that links the geographic location of map features to text information or databases.
GEOMETRIC DESIGN
The dimensions of a facility and the relationships of its features such as alignment, profile, grades, widths, sight distances, clearances and slopes.
GOLF COURSE
A public or private course with a minimum of nine holes and a length of more than 2,000 yards.
GOVERNING BODY
The Board of Commissioners of the Caln Township, Chester County.
GOVERNMENT USE
Any activities, services or uses conducted by any agency or department of local, county, state or federal government.
GRADE PLANE
A reference plane representing the average of finished ground level adjoining the building at the exterior walls. Where the finished ground levels slope away form the exterior walls, the referenced plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
GREENWAY
A linear corridor of open space, including natural features such as waterways, stream valleys, ridgelines and scenic vistas, or along man-made features such as railroad beds or abandoned canals, which provide areas for wildlife habitats and recreational uses.
GROUND-MOUNTED SYSTEM
A solar photovoltaic system mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure.
[Added 9-12-2013 by Ord. No. 2013-06]
GROUP HOME
The use of any lawful dwelling unit which meets all of the criteria in § 155-58 of this chapter.
[Amended 7-25-2013 by Ord. No. 2013-05]
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana.
[Added 6-8-2017 by Ord. No. 2017-01]
HAZARDOUS MATERIALS
Those chemicals or substances, which are physical hazards or health hazards as defined and classified in the adopted Caln Township Fire Code, whether the materials are in usable or waste condition.
HEALTH AND RECREATION CLUB
A private or public indoor facility utilized for health, fitness and/or recreational activities. All activities relating to an adult business use shall be prohibited within a health club.
HEIGHT
The vertical distance measured from the average elevation of the ground or finished grade to the highest point of a building or structure.
HELIPORT
A defined area to accommodate all phases of operation of rotor-wing aircraft or helicopters, with sufficient space for all required safety controls and maneuvers in accordance with all state and federal requirements, as well as to allow for the provision of service facilities.
HELISTOP
A defined area on a roof or on the ground to accommodate touch down and lift off of rotor-wing aircraft or helicopters. All such defined areas shall have sufficient space to accommodate all required safety controls and maneuvers in accordance with all state and federal requirements, but in no case shall such area provide service facilities.
HIGHER LEARNING INSTITUTION
A use made up of: an undergraduate division which confers associate or bachelor degrees; a graduate division which comprises a graduate school, and/or professional schools, each of which may confer master's degrees and doctorates. This term shall not include those uses defined as an automotive trade school.
[Added 10-30-2008 by Ord. No. 2008-9]
HIGH WATER TABLE SOILS
Surface soils which are within three feet of the seasonable high water table.
HIGHWAY ACCESS POINT
A place of ingress/egress from or access to a street or highway created by a driveway or another street or highway. Measurement between them shall be from the center line of one such point to the center line of another such point.
HIGHWAY FRONTAGE
The lot dimensions measured along the right-of-way line of any one street or highway abutting a lot.
HISTORICAL PRESERVATION OVERLAY
A special overlay district established to provide provisions for subdivision, land development, aesthetics, architectural appearance, landscaping, signs and streetscape design, as specified in § 155-47.
HISTORICAL SITE
A place, building, structure or site, whereas because of its' local, state or national significance is considered as a historical site or resource. All such historical sites are identified on the National Register of Historical Places, by the Pennsylvania Historical and Museum Commission, or within the Comprehensive Plan.
HOME OCCUPATION
An accessory use, which is customarily conducted within a residential use or a structure accessory thereto, which is clearly secondary and incidental to the residential use in which the practitioner resides. The following categories of home occupation are hereby defined:
A. 
CATEGORY 1 HOME OCCUPATIONSA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use. A Category 1 home occupation shall be synonymous with a no-impact home-based business, as defined by the Pennsylvania Municipalities Planning Code.
B. 
CATEGORY 2 HOME OCCUPATIONSA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to a single-family residential dwelling and which involves some customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with a residential use.
HOSPITAL
An institutional use, licensed by the Commonwealth of Pennsylvania, which provides for inpatient and outpatient medical care, 24 hours per day, seven day per week, as well as providing primary health services, medical care and surgical services to patients suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. In addition, a hospital may also include accessory uses and facilities including, but not limited to, medical offices, administrative offices, educational facilities, research centers, clinics, cafeterias, retail stores and other uses considered customary to a hospital or medical campus.
HOTEL
A building or group of buildings containing five or more individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. Hotel does not include institutional or educational uses and buildings where human beings are housed under legal constraint. Hotels may also include accessory uses such as restaurants, lounges, lobbies, conference rooms and recreational facilities such as swimming pools and fitness facilities provided sufficient off-street parking spaces are provided for each accessory use in accordance with the provisions of Article X of this chapter and provided that the combined floor area of all accessory uses shall not occupy more than 25% of the total gross floor area of the hotel building.
[Amended 9-30-2010 by Ord. No. 2010-05]
HVAC
Equipment used to heat, cool or ventilate a structure.
[Added 9-12-2013 by Ord. No. 2013-06]
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Hydric soils are identified within the Comprehensive Plan.
IMPERVIOUS COVERAGE
The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces, which do not normally absorb rainfall.
IMPERVIOUS SURFACE
A surface which prevents the percolation of water into the ground.
[Added 9-12-2013 by Ord. No. 2013-06]
IMPROVEMENT SETBACK
The minimum distance an improvement must be set back from a street right-of-way and/or property line.
IMPROVEMENTS
Any type of structure, paved area and/or physical changes to the land, including but not limited to, grading, paving, stormwater management facilities, sidewalks, street signs, traffic control devices, monuments, utilities, water supply facilities and sewage disposal facilities.
INCINERATOR
A facility designed to reduce municipal solid waste, fuel, gas, refuse or other material by combustion. This use may include heat exchange equipment for energy recovery.
INDEPENDENT LIVING CARE FACILITY
A residential community or use designed for those persons who are independent with respect to their daily living activities (bathing, dressing, grooming and eating) and choose to reside in a community with other seniors (55 years or older). These communities may offer amenities such as, but not limited to, security systems, recreational activities, social programs, meal services and transportation.
INDUSTRIAL PARK
A group of mixed uses within a planned nonresidential development which principally relate to industrial uses, as specified under § 155-76 of this chapter of the Code.
INDUSTRIAL USE
A use or activity that includes, but is not limited to, assembling, manufacturing, distributing, processing, storing or warehousing of products and materials, and other similar industrial uses as determined by the Zoning Officer.
INSTITUTIONAL USE
A use or activity that includes, but is not limited to, educational uses, hospitals, medical centers, health care uses, churches, religious uses, assisted living care facilities, and other similar institutional uses as determined by the Zoning Officer.
INTERCONNECTION
The technical and practical link between the solar generator and the grid providing electricity to the greater community.
[Added 9-12-2013 by Ord. No. 2013-06]
JUNK or SALVAGE
Discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabric and similar material from vehicles, equipment or machinery.
JUNKYARD or SALVAGE YARD
A lot, land or structure, or parts thereof, used for the collection, storage, dismantling, salvage, sale, exchange and/or recycling of used and discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabric and similar material from vehicles, equipment or machinery. The deposit or storage of two or more unlicensed, uninspected, abandoned, wrecked or disabled vehicles shall be deemed to be a "junkyard."
JURISDICTIONAL DETERMINATION (JD)
A site survey performed by the United States Army Corps of Engineers to officially determine whether or not a defined parcel of land is subject to wetlands regulations.
KENNEL
Any property, including any building or structure thereon, where four or more dogs, 10 weeks of age or older, are kept or maintained for boarding, grooming, breeding, training, showing, selling or exchange.
KILOWATT (kW)
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not duration) at which electricity is used. One thousand kW is equal to one megawatt (MW).
[Added 9-12-2013 by Ord. No. 2013-06]
KITCHEN FACILITIES
An enclosed and weatherproofed room consisting of a sink with plumbing facilities, permanent stove/oven and a refrigerator, which complies with all codes adopted by Caln Township.
LABORATORY
A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
Development in accordance with the Caln Township Code and the Pennsylvania Municipalities Planning Code.
LANDOWNER
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 under a written lease who has written authorization of the legal owner shall be deemed to be a landowner for the purpose of this chapter.
LANDSCAPE ARCHITECT
A landscape architect registered by the Commonwealth of Pennsylvania.
LINCOLN HIGHWAY OVERLAY DISTRICT
A special overlay district established to provide provisions for land development, aesthetics, architectural appearance, landscaping and streetscape design along the Lincoln Highway (Business Route 30) and as further defined in § 155-43 of this Code.
LIVESTOCK
The raising and ownership of chickens, turkey, sheep, goats, hogs, pigs, cattle, horses and other similar animals which are common to a farm in accordance with the Caln Township Code.
LOADING SPACE
A defined space located within a lot or parcel of land, which has accessibility to a public street, for temporary use of commercial vehicles while loading or unloading merchandise and materials to the principal use and building contained on the lot or parcel of land.
LOT
A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall also mean parcel, plot, site or any similar term.
A. 
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage. The other yards shall be designated as side yards.
B. 
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
C. 
REVERSE FRONTAGE LOTSLots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
D. 
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
E. 
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel.
LOT AREA (GROSS)
The space contained within the lot lines of any land parcel, including land area within all existing and future/ultimate street rights-of-way, delineated wetlands, common open space and easements established for all utility, municipal and stormwater purposes.
[Amended 8-10-2006 by Ord. No. 2006-9]
LOT AREA (NET)
The space contained within the lot lines of any land parcel, excluding any and all future/ultimate street rights-of-way and common open space. The net lot area shall not be less than the minimum lot size required by the underlying zoning district for the use proposed in which the lot is located.
[Amended 8-10-2006 by Ord. No. 2006-9]
LOT COVERAGE
The percentage of a lot covered by all impervious surfaces.
LOT DEPTH
The mean average horizontal distance between the front and the rear lot lines.
LOT FRONTAGE
That portion of a lot which fronts on a single street.
LOT LINE
The property line forming the front, rear or side boundary of a lot.
A. 
FRONT LOT LINEThe line separating a lot from a street. The front lot line is also the street line.
B. 
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
C. 
SIDE LOT LINEAny lot line other than a front or rear lot line.
D. 
STREET or ALLEY LOT LINEA lot line separating the lot from a street or alley.
LOT OF RECORD
A lot or parcel recorded in the Office of the Recorder of Deeds of Chester County, Pennsylvania.
LOT WIDTH
The width of a lot measured at the street line and at the street line, the legal right-of-way line and the ultimate right-of-way line (where it exists) of the street immediately adjacent thereto.
MANUFACTURE or MANUFACTURING USE
The assembling, creating, cleaning, fabricating, processing, testing, recycling, packaging, converting, distributing and/or repairing of raw materials, with the use of labor and machinery, of products that will be made available for sale. The term "manufacture" shall not include retail sales, personal services, solid waste disposal, truck distribution, mineral extraction, woodland extraction, forestry, exportation of groundwater, warehousing, or similar uses determined by the Zoning Officer.[3]
MASSAGE
Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
[Added 11-29-2018 by Ord. No. 2018-10]
MASSAGE BUSINESS
Any establishment having a fixed place of business where any person engages in, carries on, or permits to be engaged in or carried on the practice of massage as is defined in this chapter. This term shall exclude licensed hospitals, licensed nursing homes, medical clinics, and the offices and quarters of licensed health profession practitioners. A massage business shall also include a location where sauna baths, Turkish baths, Swedish baths or the like are made available to members of the public.
[Added 11-29-2018 by Ord. No. 2018-10]
MASSAGE THERAPIST
An individual licensed by the Pennsylvania State Board of Massage Therapy to practice massage therapy.
[Added 11-29-2018 by Ord. No. 2018-10]
MASSAGE THERAPY
As defined in the Massage Therapy Act (63 P.S. § 627.1 to § 627.50), (the "Act"), as the act may be amended from time to time, the application of a system of structured touch, pressure, movement, holding and treatment of the soft tissue manifestations of the human body in which the primary intent is to enhance the health and well-being of the client without limitation, except as provided in the Act. The term includes the external application of water, heat, cold, lubricants or other topical preparations, lymphatic techniques, myofascial release techniques and the use of electro-mechanical devices which mimic or enhance the action of the massage techniques. The term does not include the diagnosis or treatment of impairment, illness, disease or disability, a medical procedure, a chiropractic manipulation—adjustment, physical therapy mobilization—manual therapy, therapeutic exercise, electrical stimulation, ultrasound or prescription of medicines for which a license to practice medicine, chiropractic, physical therapy, occupational therapy, podiatry or other practice of the healing arts is required. The term also shall not include barbers and beauticians who are duly licensed by the commonwealth and massage the neck, face, scalp or hair of their patrons as an accessory service to hair cutting/styling.
[Added 11-29-2018 by Ord. No. 2018-10]
MEAN SEA LEVEL
The average height of the sea for all stages of the tide, utilizing the most current National Geodetic Vertical Datum.
MEDIATION
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania pursuant to Act 16 of 2016.[4]
[Added 6-8-2017 by Ord. No. 2017-01]
MEDICAL or DENTAL CLINIC
A building, which primarily involves a health care use, where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, psychologists, social workers or other similar licensed professional, whereas the patients are not typically lodged overnight or after normal office hours unless prescribed by the licensed professional.
MEDICAL REHABILITATION AND PHYSICAL THERAPY
A public or private facility utilized for the treatment, rehabilitation and training of outpatients to regain, develop or enhance their physical skills, condition or stamina which have been lost or impaired through injury or illness.
MEDICAL RESEARCH CENTER
A public or private facility utilized for medical testing, sampling or research in a controlled laboratory environment.
MEDICAL RESEARCH PARK
A group of mixed uses within a planned nonresidential development, which principally relate to medical or institutional uses, as specified under § 155-75 of this chapter of the Code.
MEZZANINE
An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 1/3 of the area of the room or space in which the level or levels are located.
MINERAL EXTRACTION
The act or process of mining or extracting minerals.
MINERALS
A solid homogeny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone, dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore, zinc ore, vermiculite, clay, anthracite and bituminous coal, coal refuse, peat, crude oil and natural gas.
MINI MALL
The multiple use of a single property for a planned group of nonresidential uses, including retail operations, personal services, offices, financial institutions, medical and dental clinics, restaurants, taverns and similar planned uses as determined by the Zoning Officer, where the uses are less than a cumulative total of 30,000 square feet of gross floor area and are owned and maintained by an individual, corporation, partnership or organization. All mini malls shall be planned and designed as an integrated unit or converted as such, with common off-street parking facilities and stormwater management facilities.
MINI MARKET
A commercial establishment, usually not over 4,000 square feet in gross floor area, offering prepackaged foods, newspapers, magazines and other similar items.
MINI WAREHOUSE or SELF-STORAGE FACILITY
A building or group of buildings that are divided into individual units, each of which unit is available for rent or lease to the public for the self-storage of tangible personal property.[5]
MIXED-USE BUILDING
A combination of uses permitted in the underlying zoning district within a single building, which may not include residential units on the first floor.
[Added 10-10-2013 by Ord. No. 2013-07]
MOBILE HOME LOT
A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODIFICATION or MODIFY
The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
MODULE
A module is the smallest protected assembly of interconnected PV cells.
[Added 9-12-2013 by Ord. No. 2013-06]
MOTEL
A building or group of attached or detached buildings containing individual living or sleeping units designed for temporary use by tourists or transients, each of which is provided with an independent exterior entrance and off-street parking space. The term "motel" includes, auto courts, motor courts, motor inns, motor lodges, roadside hotels or similar accommodations.
MOTOR FREIGHT TERMINAL
Any building or land area on which freight is delivered for transfer, assembly, storage or sorting and than shipped to another location.
MPC
The Pennsylvania Municipalities Planning Code, as amended and codified in 53 P.S., § 10101.
MUNICIPAL AUTHORITY
The Caln Township Municipal Authority.
[6]
MUNICIPAL USE
A use owned and maintained by Caln Township for public recreation area, park, swimming pool, golf course, spectator sports, municipal offices, police station, water and sewage facilities, utilities, community centers, solid waste disposal areas, recycling centers, composting facilities, road materials and equipment storage and similar governmental or municipal uses.
MUNICIPALITY
Caln Township, Chester County, Pennsylvania.
NET METERING AGREEMENT
An agreement with a local electric utility that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.
[Added 9-12-2013 by Ord. No. 2013-06]
NIGHTCLUB
Any building or establishment used for social and entertainment purposes, whereas food, music and beverages are provided to patrons for a fee.
NONCONFORMING LOT
A lot which does not meet with the minimum lot width or area dimensions specified for the district where such lot is situated but was lawfully in existence prior to the effective date of this chapter or is legally established through the granting of a variance by the Zoning Hearing Board.
NONCONFORMING STRUCTURE or BUILDING
A structure or building, or part thereof, which does not meet the applicable provisions or requirements of the district in which it is located, either at the time of enactment of this chapter or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of such chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A building, structure, sign or use of land which does not conform to the applicable regulations of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto, but which did not violate any applicable use regulations prior to the enactment of such chapter or amendments. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including, but not limited to, antennae and related equipment. Non-tower WCF shall not include support structures for antennae and related equipment.
[Added 11-20-2014 by Ord. No. 2014-04]
NURSERY or GREENHOUSE
A use involving the raising of trees (for transplanting), ornamental, shrubs, flowers or house plants for any commercial purpose. All nursery/greenhouses that are designed and constructed to be 1,000 square feet or less shall be considered an accessory structure. All nursery/greenhouses that are designed and constructed to exceed 1,000 square feet in size shall be considered a principal structure.
NURSING HOME
A building containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a nursing center or personal care center.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, structure, fence, stockpile, refuse, fill or other matter which may impede, retard or change the normal direction or path of air, water or any modes of transportation.
OCCUPANCY
The possession of any structure, building, land area or water body with the intent to remain for the purpose of residing, conducting business or performing social, recreational, cultural, educational, municipal, governmental, institutional, religious, charitable or similar uses.
A. 
PERMANENT OCCUPANCYOccupancy for a period in excess of 120 consecutive days within one calendar year.
B. 
TEMPORARY or SEASONAL OCCUPANCYOccupancy for a period less than 120 consecutive days within one calendar year.
OFFICE
A use that primarily involves professional or nonprofit services relating to, but not limited to, administrative, business, clerical, financial, governmental, medical, municipal, political, religious or similar office uses, as determined by the Zoning Officer.
OFFICE or BUSINESS PARK
A group of mixed uses within a planned nonresidential development which principally relate to office or business, as specified under § 155-74 of this chapter of the Code.
OFFICIAL MAP
The Official Map, as adopted by the Board of Commissioners, showing the characteristics of streets, watercourses, public grounds and other topographic features.
OFFICIAL ZONING MAP
The Zoning Map of Caln Township.
OPEN SPACE
The unoccupied space, land area or water body that is located on the same lot with the principal use or development, which is open to the sky and not occupied by buildings, structures, sidewalks, off-street parking areas, access drives and/or other impervious areas.
ORDINANCE
The Caln Township Zoning Ordinance of 2005 or any provisions or amendments thereof, enacted by the Board of Commissioners, including the Official Zoning Map.
OUTDOOR STORAGE
The external storage of materials, products and accessory components of a use which conforms to the normal functions and procedures conducted on that use in accordance with the Caln Township Code.
OUTSIDE SALES
All sales conducted outside of a principal building.
PA
The Commonwealth of Pennsylvania.
PARK
A tract of land designed and utilized by the general public for active and/or passive recreation purposes.
PARKING LOT
An off-street area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
PARKING PERIMETER
The limit beyond the defined off-street parking area, which parking is not allowed or permitted.
PARKING SPACE
A reasonably level space, available for the parking of one motor vehicle, not less than 10 feet wide and having an area of not less than 200 square feet exclusive of passageways or other means of circulation or access.
PATIO
An area or courtyard which is not covered by a roof or permanent awning and is designed for outdoor living purposes as an accessory use to the principal structure or building.
PAVED AREA
The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces, which do not normally absorb rainfall.
PERMIT
A document issued by the proper regulatory agency authorizing the applicant to undertake certain activities as specified on the application or permit.
A. 
BUILDING PERMITA permit issued for a specific building, structure or land use, which indicates that the proposed construction, alteration, development, reconstruction or similar activities are in accordance with the appropriate construction provisions of the Code, as adopted by Caln Township, and authorizes an applicant to commence with the activities specified on the application or the provisions of the permit.
B. 
DEMOLITION PERMITA permit issued to demolish, remove, destroy and/or eliminate a building or structure.
C. 
OCCUPANCY PERMITA permit issued for a building, structure or land use, which indicates that certain construction, alteration, reconstruction, development or similar activities have been completed and inspected in accordance with the appropriate provisions of the Code, as adopted by Caln Township, and allows the applicant to occupy the building, structure or land area in accordance with the provisions of the permit.
D. 
SEASONAL or TEMPORARY PERMITA permit issued for a specific building, structure or land use, which indicates that the seasonal or temporary activities are in accordance with the appropriate provisions of the Code, as adopted by Caln Township, and authorizes an applicant to commence with the seasonal or temporary activities for a defined period of time, not to exceed 60 cumulative days within a calendar year and as specified on the permit.
E. 
SIGN PERMITA permit issued for a specific on-premises or off-premises sign.
F. 
SPECIAL PERMITA permit issued to nonprofit organizations for specific use and event on land owned or leased by the applicant for a defined period of time, not to exceed 30 cumulative days within a calendar year and as specified on the permit. Such permitted uses may include carnivals, circuses, bazaars, fairs, seasonal sales or other nonprofit fund-raisers.
PERMITTED USE
A use permitted in a particular district to occupy or use land for a specific purpose in accordance with this chapter when such use is permitted by right.
PERSON
An individual, corporation, partnership, organization, incorporator's association, trust or other similar entity.
PERSONAL CARE FACILITY
A facility owned and operated by a legal entity which possesses the appropriate certifications and licenses issued by the Commonwealth of Pennsylvania for operating a personal care home at a defined location. The facility shall be used to provide dwelling units, food, personal assistance or supervision to adults of advanced age or otherwise who do not require services at a licensed long-term care facility, but who, because of their advanced age or other condition, require assistance or supervision in matters such as dressing, bathing, diet, financial management, emergency evacuation and/or taking medication prescribed for self-administration.
PERSONAL SERVICE ESTABLISHMENT
A building or portion of a building in which the services of a person permitted to practice a specified profession are offered to the general public. Examples of such professions may include accountants, agents, architects, barbers, beauticians, lawyers, optometrists, photographers, tailors, electronic repair technicians or other similar personal service establishments as determined by the Zoning Officer. A massage business and the practice of massage therapy shall not be considered a personal service establishment.
[Amended 11-29-2018 by Ord. No. 2018-10]
PHOTOVOLTAIC (PV)
A semiconductor-based device that converts light directly into electricity.
[Added 9-12-2013 by Ord. No. 2013-06]
PLAN
A proposal for development, subdivision or land development, including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities, which complies with the Caln Township Code.
PLANNING COMMISSION
The Caln Township Planning Commission, Chester County, Pennsylvania.
PORCH
A roofed or unroofed structure projecting from the front, side or rear wall of a building.
PREEXISTING PLANNED RESIDENTIAL COMMUNITY
An existing planned residential community, which has been previously approved under previously recognized alternative zoning regulations such as traditional neighborhood development, planned residential development, mixed-use development or lot averaging, which have been terminated as viable alternatives for planned residential communities. These preexisting planned residential communities are further defined and regulated as part of the R-5 Zoning District, as established in the Caln Township Comprehensive Plan and under § 155-25 of this Code.
PRESERVATION or PROTECTION
When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.
PRIME AGRICULTURAL LAND or RESOURCES
Prime agricultural soils or land areas as defined in the Caln Township Comprehensive Plan.
PRINCIPAL BUILDING
A building in which a principal use on a lot is carried on.
PRINCIPAL USE
The main or primary purpose for which any land, structure or building is designed, arranged or intended and for which they may be occupied or maintained under the terms of this chapter. Only one principal use shall be permitted on a lot.
PUBLIC GROUNDS or LAND AREAS
All such areas, including: parks, playgrounds, trails, paths and other recreational areas and other public areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by Caln Township, the governing body or planning agency intended to inform and obtain public comment prior to taking action in accordance with this Code and the Pennsylvania Municipalities Planning Code.
PUBLIC MEETING
A forum held pursuant to notice under the requirements of this Code, the Pennsylvania Municipalities Planning Code and the "Pennsylvania Sunshine Law."
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation within Caln 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.
QUARRYING or MINING ACTIVITIES
The removal or extraction of minerals, rock, natural resources or other products of earth, either on the surface or below the surface, in accordance with the provisions of the Caln Township Code and Commonwealth of Pennsylvania.
RECREATION AREA (ACTIVE)
Land area containing recreational facilities, which may require visitors or participants to become involved in physical or energetic functions, primarily group functions. Active recreation areas may include, but not limited to, basketball courts, baseball fields, football fields, soccer fields, tennis courts, playgrounds, tot lots, community centers, golf courses, hockey rinks, skateboard areas, swimming pools and volleyball courts.
RECREATION AREA (PASSIVE)
Land area containing recreation facilities, which may require visitors or participants to become involved in quiet functions that do not require physical or energetic functions. Passive recreation areas may include, but not limited to, common open space, trails for walking or bicycling, surface water for canoeing, rafting or fishing, pavilions, picnic areas, cultural centers, scenic vistas and amphitheaters.
RECREATION FACILITIES
Land, water, buildings, structures, apparatuses and/or equipment which are required to accommodate recreational uses.
RECREATIONAL USES
An active or passive recreational use designed to accommodate physical, leisure, sporting or relaxation activities on land or water. Recreational uses may include, basketball, baseball, football, bicycling, walking, jogging, running, golfing, fishing, boating, hunting, hockey, skating, skateboarding, soccer, swimming, tennis, volleyball, racquetball, exercise/fitness, bowling, billiards, bird watching, picnicking or any other similar recreational uses, as determined by the Zoning Officer.
RECREATIONAL USES (COMMERCIAL)
An active or passive recreational use in which a fee is generally paid to utilize the recreation facilities.
RECREATIONAL VEHICLES
A vehicle of any size which is designed as a temporary dwelling or living unit for travel, recreation and vacation uses. Recreation vehicles may include motorized vehicles designed to be self-propelled or nonmotorized vehicles designed to be towed or carried by another vehicle, including campers, pickup coaches, travel trailer and similar vehicles.
RELIGIOUS USE
Land areas occupied by buildings, churches, synagogues, retreat centers, monasteries, seminaries, convents, shrines, cemeteries and other similar nonprofit facilities, as further defined under § 155-91D(3) of this chapter of the Code, which are primarily used for religious or spiritual worship.
RENEWABLE ENERGY SYSTEM
Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar energy, wind energy and hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes.
RENTAL BUSINESS
A commercial use in which machinery, equipment and goods, but not motor vehicles, are rented to customers for temporary use pursuant to a short-term rental contract, including the sale of machinery, equipment and goods as an accessory use. For the purposes of this definition, "machinery" means equipment which requires a motor to operate; "equipment" means any nonmotorized device permanently attached to and movable on wheels; and "goods" means any other rental items.
RENTAL UNIT
A defined area within a building or structure which is rented or leased to accommodate residential or nonresidential uses, as permitted by the Caln Township Code.
RESIDENTIAL USE
A use within a permitted dwelling unit designed and utilized as the living quarters for one or more families living independently of each other. Residential uses may be permitted within single-family detached units, single-family semidetached units, two-family attached units, mobile homes, apartment units and townhouse units, provided the type of dwelling unit is a permitted use within the zoning district to which it is located, and provided that the dwelling unit complies with the standards specified by this Code.
RESOURCE RECOVERY FACILITY
A facility or land that is used for any one or a combination of the following or similar uses: composting, incineration, material separation, recycling or trash transfer. A resource recovery facility shall be owned and operated by Caln Township or a municipal authority by and on behalf of Caln Township.
A. 
COMPOSTING FACILITYA facility for the composting of the organic matter in municipal solid waste.
B. 
INCINERATORA facility designed to reduce municipal solid waste by combustion. This use may or may not include heat exchange equipment for energy recovery.
C. 
REFUSE DERIVED FUEL (RDF) FACILITYThe extraction of materials from municipal solid waste for recycling or for use as refuse derived fuel (RDF).
D. 
RECYCLING FACILITYA business that accumulates material such as paper, glass, aluminum and/or plastic that is no longer useful for its intended purpose. The materials are then sold to another business as a raw material which can be used to manufacture a new product.
E. 
TRANSFER STATIONA facility where municipal solid waste is delivered for the purpose of transferring the material into another container or vehicles for transport to a final disposal site or processing facility. (A transfer station may include the separation and collection of material for the purpose of recycling.)
RESTAURANT
A commercial establishment devoted to the sale and consumption of food and beverages to patrons within an enclosed building while the patrons are seated at counters, booths or tables. A restaurant may contain an accessory area or use devoted to outdoor eating, retail sales, social quarters, meeting rooms, bars, taprooms and similar uses, provided the cumulative total area of the accessory use does not exceed 30% of the gross floor area of the restaurant.
RESTAURANT, FAST-FOOD or DRIVE-THROUGH
A restaurant devoted to the sale of food and beverages to patrons either within an enclosed building, at a pickup counter, through a drive-through service lane and/or through a delivery service. All such facilities may offer their patrons the option to consume the food and beverages either inside the restaurant or at an off-site location.
RETAIL BUSINESS ESTABLISHMENT
A permitted business establishment occupying a single permitted retail use, whereas, depending upon its size, type, location or intensity may require distinct approval procedures.
RETAIL USE
A commercial establishment devoted to the sale of products and services to patrons within an enclosed building. Retail uses may include, but are not limited to, establishments selling food, groceries, beverages, clothing, business or office supplies, entertainment items, furniture, home improvement supplies, household products, personal care supplies, building supplies, sporting goods, equipment, machines, computers, electronics, pet supplies, medical supplies, agricultural supplies, automobile supplies, custom-made products and firearms. Such use may include as an accessory use an area used for manufacturing or assembly of the products sold on the premises, provided that such area is no greater than 35% of the gross floor area of the building.
[Amended 10-27-2016 by Ord. No. 2016-04]
RIGHT-OF-WAY
The width or area of land which is dedicated or reserved to accommodate streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, bicycle lanes, streetlights and other public improvements.
A. 
LEGAL RIGHT-OF-WAYThe existing width or area of land which is currently owned and maintained by Caln Township, the Commonwealth of Pennsylvania and/or other public agency or authority.
B. 
ULTIMATE RIGHT-OF-WAYThe width or area of land which is determined necessary to reserve and/or dedicate in order to accommodate future public improvements.
ROOMING HOUSE
The use and occupancy of a single-family detached dwelling for the purpose of accommodating four or less transient guests for rent or compensation.
ROUTE 30 BYPASS INTERCHANGE OVERLAY DISTRICT
A special overlay district established to provide provisions for land development, economic development, zoning alternatives, aesthetics and architectural appearance at each of the bypass interchanges, as further defined in § 155-46 of this Code.
SANITARY FACILITIES
The required plumbing fixtures within a dwelling unit, including a sink, toilet, bathtub or shower, which are functioning and compliant with the Caln Township Code.
SANITARY SEWAGE DISPOSAL SYSTEM
A system designed to collect, convey, treat and dispose of sewage from users in compliance with local, county, state and federal regulations.
A. 
ON-LOT SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
B. 
COMMUNITY SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
C. 
PUBLIC OR MUNICIPAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant.
D. 
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land, which because of its wastewater disposal needs may have the option to utilize on-lot sewage disposal methods or connect to a private, community, public or municipal treatment system. The selected method for wastewater collection, conveyance and treatment shall be consistent with the Caln Township Act 537 Plan.
SATELLITE DISH ANTENNA
A device incorporating a reflective solid surface in the shape of a dish, cone or horn which is used to transmit and/or receive signals.
SCREEN or SCREENING
An assemblage of permissible materials which are strategically arranged so as to effectively block or obstruct the views between adjacent or adjoining properties from ground level to a height of six feet above grade level or as determined by the Zoning Officer.
SENIOR INDEPENDENT LIVING FACILITY
An apartment building containing multiple residential dwelling units for persons who are 55 years of age and older which qualifies for the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons Act of 1995[7] and the regulations promulgated thereunder. The facility may include accessory uses such as common kitchen facilities and dining areas, activity and meeting rooms, storage areas, recreation and exercise facilities, sundries store, administrative offices and/or a beauty/barber shop solely for the use of the residents and their invitees.
[Added 8-30-2012 by Ord. No. 2012-04]
SETBACK REQUIREMENTS
The setback requirements as established for any building or structure within the applicable zoning district for which it is located.
SHADE TREE
A deciduous tree which normally grows with a single trunk and has a canopy which screens and filters sunshine during specific seasons during the year.
SHOPPING CENTER or SHOPPING MALL
The multiple use of a single property for a planned group of nonresidential uses, including retail operations, personal services, offices, financial institutions, medical and dental clinics, restaurants, family entertainment centers, taverns, nightclubs and similar planned uses, as determined by the Zoning Officer, where the uses exceed a cumulative total of 30,000 gross square feet of floor area and are owned and maintained by an individual, corporation, partnership or organization. All shopping centers shall be planned and designed as an integrated unit or converted as such with common off-street parking facilities, stormwater management facilities and utility services.
SIDEWALK SALE
A seasonal or occasional sale conducted on the sidewalk or outside of the front or side of the principal building or establishment, whereas, goods are offered for sale to the public, provided that all such sales shall not exceed 60 cumulative days during the coarse of a calendar year.
SIGN
Any structure, building, wall or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or other representations utilized for announcement, direction, identification or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit nor public traffic or directional signs.
A. 
ACCESSORY SIGNA subordinate sign located on the same property of the principal use which is erected to further describe the products or services available to the general public.
B. 
ANIMATED SIGNA sign or any device designed to attract attention by visual means through the movement or semblance of movement by mechanical, electrical or natural means.
C. 
BANNERA promotional sign for special community events, including educational, charitable, philanthropic, civic, cultural, municipal, fraternal, religious or similar community events, as determined by the Zoning Officer, whereas the promotional sign or banner shall be considered as temporary for a period of time not to exceed 30 cumulative days in a calendar year. All such signs or banners shall be made of nylon, canvas or similar all-weather material.
D. 
BILLBOARDAn off-premises sign erected by a professional sign company or by the outdoor advertising industry on which advertisement space is leased for a fixed period of time.
E. 
BUSINESS or NONRESIDENTIAL SIGNAn on-premises sign designated for a permitted business or nonresidential use which identifies the written name, type of business, use, commodity sold, type of services, trademark and/or symbol.
F. 
CANOPY SIGNA nonilluminated sign made of cloth, canvas, aluminum, metal, wood or similar materials which is affixed to a building and projects outward, whereas the sign or message is painted on, sewed, fastened or applied. All such signs may or may not be fixed or equipped with a mechanism for raising or holding the canopy or awning in a retracted position against the building.
G. 
CHARITABLE or COMMUNITY SERVICE SIGNAn on-premises sign identifying the charitable or community service organization, including religious facilities, volunteer fire companies or other nonprofit organization. All such signs may include supplemental information concerning hours, events, activities or messages.
H. 
DEVELOPMENT SIGNAn on-premises sign indicating that the property is actively in the process of subdivision or land development for residential or nonresidential uses.
I. 
DIRECTIONAL SIGNAn informational or functional on-premises sign containing only information pertaining to direction, entrance, exit, off-street loading spaces, service areas, service lanes, fire lanes, handicapped parking spaces and off-street parking areas. All such directional signs shall contain no advertisement messages.
J. 
DOUBLE-FACED SIGNA sign with two faces that is parallel, facing opposite directions, and matching in size and shape.
K. 
FLASHING SIGNA type of sign in which the illumination is not kept constant in intensity at all times of use and which exhibits sudden, timed or marked changes in lighting effects. Unless otherwise permitted by this chapter of the Code, flashing signs shall be prohibited.
L. 
FREESTANDING SIGNAn on-premises sign displaying information pertaining to the existing use for which it is located and is supported by or suspended from a freestanding column or other support(s) located in or upon the ground surface.
M. 
GROUND SIGNAn on-premises sign displaying information pertaining to the existing use for which it is located and is placed upon, supported by and anchored to the ground. A ground sign shall not be considered as a freestanding sign or portable sign.
N. 
IDENTIFICATION SIGNAn on-premises sign identifying a medical facility, hospital, school, institutional use, religious facility, municipal facility, recreational use, farm, historical site or similar use, as determined by the Zoning Officer.
O. 
ILLUMINATED SIGNA sign designed to project or reflect artificial light from an internal or external source, which may be directly or indirectly illuminated, or through transparent or translucent material. Illuminated signs may include, billboards, freestanding signs, ground signs or signs affixed to a building or structure, as permitted under the provisions of this chapter of the Code.
P. 
MARQUEE SIGNAn on-premises sign attached to a building facade which may include changeable letters, messages or displays.
Q. 
MUNICIPAL or OFFICIAL SIGNA sign erected by Caln Township, Chester County, the Commonwealth of Pennsylvania or other governmental organization.
R. 
OFF-PREMISES SIGNA permitted sign which directs attention to a business, commodity, service, entertainment, institution or other use which is offered elsewhere other than upon the premises where the sign is located.
S. 
ON-PREMISES SIGNA permitted sign which directs attention to a business, commodity, service, entertainment, institution or other permitted use which is offered on the same property or tract of land where the sign is located.
T. 
PORTABLE SIGNA temporary sign designed to be moved from place to place which is not affixed or anchored to the ground, structure or building.
U. 
PROJECTING SIGNAn on-premises sign mounted upon a building so that its principal face is a right angle or perpendicular to the wall of the building. All such projecting signs shall extend at least one foot from the building but no more than 12 feet from the building.
V. 
REAL E SIGNAn on-premises sign pertaining to the sale or lease of the premises on which the sign is located.
W. 
ROOF SIGNAn on-premises sign which is erected or displayed upon the roof of a building or exceeds the height of the building. Unless otherwise specified by this chapter of the Code, a roof sign shall be prohibited.
X. 
SPECIAL EVENT or SEASONAL SIGNA temporary sign anchored or mounted to the ground by a cylinder or sleeve by which periodical advertisement of specials can be displayed during certain segments of the year in accordance with the provisions specified by this chapter of the Code.
Y. 
SPORTS FACILITIES BUSINESS SIGNA business sign erected and maintained only for a nonprofit organization or entity organized to promote youth sports teams, advertising a business, service, product or organization, restricted as to purpose and location and conforming to the requirements of this Code.
Z. 
SIGN AREAThe area of a sign shall be construed to include all lettering, wording, border trim or framing and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be determined by calculating the smallest rectangle which encompasses all of the letters and symbols used for the sign regardless of the actual shape created by the letters and symbols.
AA. 
SIGN ERECTIONThe installation, construction, placement, relocation, enlargement, alteration, attachment, suspension, painting, posting or displaying of a sign, including the replacement or substitution of face panels within a frame.
BB. 
SIGN HEIGHTThe height of the sign as measured from the ground elevation to the highest and lowest parts of the sign.
CC. 
SPECIAL USE or TEMPORARY SIGNA permitted on-premises sign erected for a temporary period in accordance with the provisions specified by this chapter of the Code.
DD. 
VEHICLE SIGNA sign affixed or painted on a vehicle, trailer or similar device.
EE. 
WALL SIGN or PARALLEL SIGNAn on-premises sign posted on, suspended from or otherwise affixed to the wall, facade or vertical surface of a building which does not project or extend more than 12 inches from the wall, facade or vertical surface of the building to which it is attached. A wall sign may partially extend above the roofline by more than 20% of the sign height as measured at the point where such sign is attached to the building.
FF. 
WINDOW SIGNA temporary or permanent on-premises sign affixed to or visible through a window of a building.
SILO
A tall cylindrical structure that is located on a farm and is used to store crops for animal feed.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, whereas the ownership is separate and distinct from that of any adjoining land areas.
SLOPE
Topographic conditions in which the percentage of vertical to horizontal relief is computed utilizing standard rise over run calculations and/or as defined by this chapter of the Code.
SMALL WIRELESS FACILITIES (SWF)
A type of wireless communication facility (WCF) as specifically defined by the Federal Communications Commission in Part 1 of Title 47 of the Code of Federal Regulations.
[Added 10-10-2019 by Ord. No. 2019-05]
SOLAR-BASED ARCHITECTURAL ELEMENT
Structural/architectural element that provides protection from weather that includes awnings, canopies, porches or sunshades and that is constructed with the primary covering consisting of solar PV modules, and may or may not include additional solar PV related equipment.
[Added 9-12-2013 by Ord. No. 2013-06]
SOLAR ELECTRIC ENERGY SYSTEM
The components and subsystems that, in combination, convert solar energy into electric energy suitable for use. The term is limited to photovoltaic solar power systems.
[Added 8-9-2012 by Ord. No. 2012-03]
SOLAR ENERGY COLLECTOR
A structure used to collect energy from the sun which is utilized to convert and produce heat or electricity.
SOLAR ENERGY PRODUCTION FACILITY
An electric generating facility whose main purpose is to generate and supply electricity and consists of one or more solar electric energy systems and other accessory structures and buildings, including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. Such facilities shall not include solar electric energy systems which are built as an accessory use to supply energy for the principal use of the property.
[Added 8-9-2012 by Ord. No. 2012-03]
SOLAR PANEL
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar electrical energy system.
[Added 8-9-2012 by Ord. No. 2012-03]
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.
[Added 9-12-2013 by Ord. No. 2013-06]
SOLAR PHOTOVOLTAIC (PV) SYSTEM
A solar collection system consisting of one or more building and/or ground mounted systems, solar photovoltaic cells, panels or arrays and solar-related equipment that rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system is a generation system with a nameplate capacity of not greater than 50 kilowatts if installed at a residential service or not larger than 3,000 kilowatts at other customer service locations and do not produce excess on-site energy greater than currently permitted by Pennsylvania Public Utility Commission guidelines.
[Added 9-12-2013 by Ord. No. 2013-06]
SOLICITOR
The legal consultant appointed by the Caln Township Board of Commissioners.
SOLID WASTE
Waste, including solid, liquid, semisolid or contained gaseous materials.
SOLID WASTE DISPOSAL AND REDUCTION FACILITIES
A site in which engineering principles are utilized to bury, dispose, reduce, eliminate and/or incinerate deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation. All such facilities may include sanitary landfills, solid waste landfills, low level radioactive waste disposal facilities, resource recovery facilities, recycling centers and transfer stations.
SPECIAL EXCEPTION
A use by which the Zoning Hearing Board may grant permission to an applicant within a particular zoning district for the occupancy or use of land or water for a specific purpose, as specified within this chapter of the Code.
SPECIAL OVERLAY DISTRICTS
Overlay provisions established to consider special features, land uses, buildings, zones or corridors. These provisions are intended to supplement and enhance the existing underlying zoning district regulations for specifically defined areas, including abandoned commercial or industrial sites; public transportation zones; transportation corridors; bypass interchanges; and historical sites.
STABLE
A building or structure in which horses, lamas, donkeys and other similar animals which are kept for remuneration, hire, sale or other lawful uses.
STATE
The Commonwealth of Pennsylvania and its designated agencies.
STEALTH TECHNOLOGY
Camouflaging methods that are used in the installation of wireless communications towers, antennae and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.
[Added 11-20-2014 by Ord. No. 2014-04]
STEEP SLOPE OVERLAY DISTRICT
A conservation overlay of land and water which have been defined by the Comprehensive Plan and § 155-36 of this Code as having "steep slopes" and "very steep slopes."
[Amended 9-29-2005 by Ord. No. 2005-12]
STEEP SLOPES
Those areas which have a range of slope of 15% or greater but less than 20% in predevelopment condition.
[Amended 9-29-2005 by Ord. No. 2005-12]
STEEPLE
A tall tapering structure narrowing to a point on the top that is located on the roof of or is part of the superstructure of a church or other place of worship.
STORMWATER
Drainage runoff from the surface of the land resulting from precipitation in the form of rain, snow, sleet, hail or ice.
STORMWATER MANAGEMENT
A program of controls and measures designed to regulate the quantity and quality of stormwater runoff from a defined area or development while promoting the protection and conservation of surface water, groundwater and groundwater recharge.
STORMWATER MANAGEMENT FACILITIES
Those controls and measures, including, but not limited to, berms, terraces, bridges, dams, storm sewers, basins, infiltration systems, swales, watercourses and floodplains, used to implement stormwater management regulations.
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, including basements and mezzanines, and as further defined by the appropriate building codes adopted by Caln Township.
STREET
A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway and similar terms. The functional classification of all existing streets has been defined in the Comprehensive Plan.
A. 
EXPRESSWAYSRoutes providing for corridor movements that represent substantial statewide, interstate or regional travel and movements between major urban areas. Expressways contain the most heavily traveled routes (10,000 trips to 100,000 trips per day) and including multilane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (50 miles per hour to 65 miles per hour) with a minimum of interference to through traffic. Expressways facilitate truck transport by providing optimum conditions. Mobility is the principal function and accessibility should be limited to carefully planned interchanges to preserve the functional classification of expressways.
B. 
ARTERIALS (MINOR and MAJOR ARTERIAL)Routes providing for corridor movements that represent substantial statewide or regional travel and movements between major urban areas. Arterial routes contain heavily traveled routes (5,000 trips to 30,000 trips per day), including multilane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (30 miles per hour to 55 miles per hour) with a minor interference to through traffic. Arterial routes facilitate truck transport by providing favorable conditions. Mobility is the major function and accessibility should be limited to preserve the functional classification of arterials roads.
C. 
COLLECTORS (MINOR and MAJOR COLLECTOR)Routes that serve primarily regional or intra-county trips and represents those routes with shorter travel distances than arterial routes. Collector roads contain well-traveled roads (500 trips to 10,000 trips per day) leading to specific destinations or to expressways and arterial routes. The system is designed for moderate speeds (25 miles per hour to 45 miles per hour) with some interference with designed intersections to permit through traffic. Depending upon its structural integrity and design, collector routes can facilitate lightweight truck transport. Mobility is a significant function and accessibility should be limited to street intersections and driveways in order to preserve the functional classification of collector roads.
D. 
MINOR STREETS or LOCAL ACCESS STREETSRoads that primarily serve local trips and represents those routes with shorter travel distances than collector routes. Local roads contain low volume to moderately traveled roads (less than 500 trips per day) leading to collector and arterial routes. The system is designed for lower speeds (20 miles per hour to 35 miles per hour) with interference with a number of designed intersections. Local roads are typically designed to facilitate lightweight truck transport for local deliveries. Mobility is a minor function and accessibility to street intersections, driveways and adjacent land areas is significant for local roads.
E. 
MARGINAL ACCESS ROADSRoads that serve specific land uses which are parallel or adjacent to an expressway, arterial or major collector roads. Marginal access roads are typically designed to accommodate the use(s) they directly serve. Accessibility between selective points is an essential design element with control at the point of destination. Many marginal access roads are privately owned and maintained.
F. 
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
G. 
INTERNAL STREETA minor street used for circulation and access within a development involving multiresidential, commercial and/or industrial land uses.
H. 
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
STREET FRONTAGE
The lot dimension measured along the street line or right-of-way line of any one street or highway abutting a lot.
STREET LINE
The dividing line between a lot and the outside boundary of a public street, road or highway right-of-way legally open or officially mapped by a municipality or higher governmental authority between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan or between a lot and a private street or road over which the owners or tenants of one or more lots held in single and separate ownership have a right-of-way.
STRUCTURE
Any man-made object having an ascertainable stationary location on in land or water, whether or not affixed to the land. The term “structure” shall include, but not limited to, buildings, signs, fences, walls, towers, swimming pools, porches, garages, flagpoles, windmills, water towers, silos, solar energy collectors and similar structures.
A. 
PERMANENT STRUCTUREA structure to be utilized for a specific purpose for more than one year, provided the structure complies with the provisions of the Code.
B. 
TEMPORARY STRUCTUREA structure to be utilized for a specific purpose for less than one year, provided the structure complies with the provisions of the Code.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, 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.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
The Caln Township Subdivision and Land Development Ordinance, also identified as “Chapter 137 of the Caln Township Code.”
SUBSTANTIALLY CHANGE
1) Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or 2) any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its previous condition would equal or exceed 50% of the market value before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any repair, addition, reconstruction, rehabilitation or other improvement to a structure whereby the cost of such improvement equals or exceeds 50% of the market value of the structure before the improvements occurred.
SUBTERRANEAN BUILDINGS
A building covered by land on at least 50% of the combined surface of its walls and roof.
SURFACE MINING
The extraction of minerals, rock and other products of the earth by activities conducted upon the surface of the land which require the removal of the overburden, strata or material overlying, above or between the minerals, rock and other products of the earth, or by otherwise exposing and retrieving the minerals from the surface. Mining activities carried out beneath the surface by means of shafts, tunnels or other underground mine openings are not included in this definition.
SURVEYOR
An individual registered with the Commonwealth of Pennsylvania as authorized to measure the boundaries of tracts of land, establish locations and perform the requirements of a survey.
SWIMMING POOL
A. 
Any structure intended for swimming or recreational bathing that contains water over 24 inches deep, including in-ground swimming pools, aboveground swimming pools, on-ground swimming pools, hot tubs and similar structures, which are further defined and regulated within the Caln Township Code.
B. 
Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
TAVERN or TAPROOM
An establishment where alcoholic beverages are served to the general public as the primary portion of the trade in accordance with local and state laws.
TELECOMMUNICATIONS FACILITY
A structure, building, tower, antenna and other types of facilities utilized as primary or accessory uses for telecommunications. The following subdefinitions of telecommunications facilities are provided as follows:
A. 
COMMERCIAL COMMUNICATIONS ANTENNAA device used to receive and/or transmit wireless communications or radio signals, including panels, microwave dishes, wires, signal poles, whips or similar communications devices.
B. 
COMMERCIAL COMMUNICATIONS ANTENNA SUPPORT STRUCTURE or TOWERAny monopole or lattice structure designed and intended to be used for the support and attachment of one or more commercial communications antennas, appurtenant communications equipment or similar devices.
C. 
COMMERCIAL COMMUNICATIONS ANTENNA HEIGHTThe vertical distance as measured from the base of the commercial communications antenna support structure at the undisturbed grade to the top of the highest point of the structure. If a commercial communications antenna support structure is located on a sloped grade, the average grade between the highest and lowest elevations on either side of the support structure shall be utilized to calculate the height.
D. 
DIRECTIONAL ANTENNAAn antenna or array of antennas designed to concentrate a radio signal in a particular area.
E. 
LATTICE TOWERA guyed or self-supporting three- or four-sided open steel frame structure used to support telecommunications equipment.
F. 
MICROCELLA low-power mobile radio service telecommunications facility used to provide increased capacity in high-call demand areas or to improve coverage in areas of weak coverage. Microcells communicate with the primary low-power mobile radio service facility in a coverage area via fiber optic cable or microwave. Coverage area for a microcell is typically a one-mile radius or less.
G. 
MICROWAVE ANTENNAA dish-like antenna manufactured in many sizes and shapes used to link communications sites together by wireless transmission of voice or data.
H. 
MONOPOLEA structure composed of a single spire used to support telecommunications equipment.
I. 
OMNIDIRECTIONAL ANTENNAAn antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it is designed.
J. 
REPEATERA low-power mobile radio service telecommunications facility that extends coverage of a cell or service area to areas not covered by the originating cell or service area.
K. 
WHIP ANTENNAAn antenna that is cylindrical in shape which can be directional or omnidirectional. Their size varies based upon the frequency and gain for which they are designed.
L. 
WIRELESS COMMUNICATIONS EQUIPMENT BUILDINGA building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed. The equipment building shall be considered as a component of the commercial communications facility.
M. 
WIRELESS COMMUNICATIONS FACILITYThe commercial communications antenna(s), commercial communications antenna support structure, wireless communications equipment building, if any, parking and/or other structures and equipment involved in receiving or transmitting wireless communications or radio signals. A wireless communications facility shall also be considered as a commercial communications facility.
TELECOMMUNICATIONS
The science or technology of communications by electronic transmission of impulses as by telegraph, cable, cellular, telephone, radio, television, microwave, earth station broadcast/cable television communications and other similar technology not otherwise enumerated and as may evolve after enactment of this chapter.[8]
THORNDALE STATION OVERLAY DISTRICT
A special overlay district established to provide unique provisions for transit-orientated land development activity, economic development, zoning alternatives, aesthetics, and architectural appearance within close proximity to the Thorndale Station, as further defined and regulated under § 155-44 of this Code.
TOURIST HOME
The temporary use and occupancy of a single-family detached dwelling for the purpose of accommodating transient guests for rent.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 11-20-2014 by Ord. No. 2014-04]
TOWNSHIP
Caln Township, Chester County, Pennsylvania.
TOWNSHIP ENGINEER
The Caln Township Engineer.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.
[Added 9-12-2013 by Ord. No. 2013-06]
TRACT
One or more lots assembled for the purposes of subdivision or land development.
TRADE SCHOOL
A commercial school carried on as a business, for the vocational teaching and training of a trade or skill. This term shall not include those uses defined as an automotive trade school.
[Added 10-30-2008 by Ord. No. 2008-9]
TRANSIENT
The temporary passing or crossing from one thing or person to another, or from place to place, provided the passing or crossing is temporary and not permanent.
TRUCK or MOTOR FREIGHT ESTABLISHMENT
An area of land, together with building, which can accommodate the transfer of cargo and freight with trucks or other motor vehicles.
UNREGULATED YARD AREA
Area on a lot which is not within a building or a defined setback or yard area.
[Added 9-12-2013 by Ord. No. 2013-06]
USE
The specific purpose for which land, a sign, structure or building is designed, arranged or intended, or for which it may be occupied or maintained, or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
A. 
PERMANENT USEA permitted use conducted on a lot for more than one year, provided the permanent use complies with all provisions of the Code.
B. 
SEASONAL USEA permitted use conducted on a lot during certain defined segments of the year, provided the seasonal use complies with all provisions of the Code.
C. 
TEMPORARY USEA permitted use conducted on a lot for less than a one-year period of time, provided the temporary use complies with all provisions of the Code.
UTILITY
A service, facility, apparatus or use which provides electric, telephone, cable, sewer, water, natural gas and similar utility services to customers within a defined service area, grid, neighborhood region or municipality.
A. 
COMMUNITY UTILITYA utility which is owned, operated or maintained by a public utility provider, municipality, municipal authority, homeowners' association or private agency for the purposes of providing sanitary sewage disposal, water supply, energy, telephone or other utility services within a defined service area.
B. 
PRIVATE UTILITYA utility which is owned, operated or maintained by a private or independent utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone or other utility services within a defined service area.
C. 
PUBLIC UTILITYA utility which is owned, operated or maintained by a public utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone or other utility services within a defined service area.
VARIANCE
Relief granted by the Zoning Hearing Board from the terms and conditions of this chapter where literal enforcement would create unnecessary hardship and when granting of the relief would not be contrary to the public interest.
VEHICLE
Any motor vehicle utilized for any lawful use which is properly licensed and inspected in accordance with all local, state and federal laws.
VERY STEEP SLOPES
Those areas which have a range of slope 20% or greater in predevelopment condition.
[Added 9-29-2005 by Ord. No. 2005-12]
VETERINARY HOSPITAL or ANIMAL CLINIC
A professional use operated by a doctor of veterinary medicine used for the diagnosis, care and treatment of small domesticated animals, including dogs, cats, reptiles and birds, which may include the provision for a medical laboratory, operating theater and overnight boarding accommodations.
WAGERING ESTABLISHMENT or GAMBLING ESTABLISHMENT
A use which provides facilities or locations where persons assemble for the purpose of any activity involving lawful gambling or wagering, including, but not limited to, bingo, games of chance, thoroughbred racing, harness racing or other lawful activities, games and devices at which money or other valuable items may be played for, stacked or betted upon in accordance with certain rules and regulations, whereas, a reward, win or loss may occur as a result of the activity. All such wagering or gambling establishments shall comply with all pertinent operational requirements and laws of Caln Township and the Commonwealth of Pennsylvania.
WAREHOUSE or WAREHOUSING
A building or group of buildings primarily utilized for storage, transfer, loading and unloading of certain products or commodities, but shall not include retail uses or trucking establishment, unless such use is specifically permitted in that district.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term “waste” shall also include and apply to waste considered as either hazardous, contaminated, toxic, residual, municipal or recyclable, as defined by the PA DEP and/or the Environmental Protection Agency.
A. 
HAZARDOUS WASTEAny garbage, refuse, sludge and/or discarded materials, including, but not limited to, solid, liquid, semisolid, gaseous and biological materials resulting from municipal, agricultural, residential, commercial, industrial and institutional uses, which because of its quantity, concentration, physical, chemical or infectious characteristics may cause a threat to the health, safety or general welfare of the community.
B. 
MUNICIPAL SOLID WASTEThe nonseparated and/or unprocessed combination of residential and commercial solid waste materials generated in a municipality.
WATER SUPPLY SYSTEM
A system designed to transmit water from the source to users in compliance with the requirements of the appropriate state agencies and the Township.
A. 
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use or lot.
B. 
COMMUNITY WATER SUPPLY SYSTEMA temporary water supply system which transmits from a common source to more than one dwelling, principal use and/or lot within a single neighborhood. A community water supply system may be permitted on a temporary basis for developments which are to be permanently serviced by a public water supply system.
C. 
PUBLIC or MUNICIPAL WATER SUPPLY SYSTEMA system of water collection, storage, transmission and delivery which are to service a community, but not confined to a neighborhood.
D. 
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land which, because of its water supply needs, may have the option to utilize on-lot water supply methods or connect to a private, community, public or municipal water supply system. The selected method for water supply shall be consistent with the Caln Township Act 537 Plan.
WATERCOURSE
A permanent or intermittent stream, river, brook, run, channel, swale, pond, lake or other body of surface water carrying or holding water, whether natural or artificial.
WATERSHED
The total land area where water drains into a particular watercourse.
WATER TOWER
A structure owned and operated by a company which is regulated by the Pennsylvania Public Utility Commission that is used to store water.
WETLANDS
Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The major characteristics of wetlands include vegetation, soil and hydrology.
WETLANDS AND HYDRIC SOIL OVERLAY DISTRICT
A conservation overlay of land and water which include areas of wetlands, hydric soils and high water table soils with hydric components, as further defined and regulated under § 155-35 of this Code.
WHOLESALE or WHOLESALING
Sales that primarily involve large transactions of commodities to other business and their agents and not to the general public.
WINDMILL
A machine that is worked by the wind by means of vanes that radiate from a central shaft which is used to produce energy or perform work.
WOODLAND EXTRACTION
The clear cutting of mature trees (six inches or more in caliper) to provide area for development on an individual lot.
WOODLAND PROTECTION OVERLAY DISTRICT
A conservation overlay of woodlands and forested areas, which are further defined, categorized and regulated under § 155-37 of the Code.
WOODLANDS
An area of land in which one or more contiguous acres are mostly occupied or covered by mature trees (six inches in caliper). The area of the woodlands shall be measured from the dripline of the outer trees.
YARD
An open space on the same lot with a structure (or a group of structures) which lies between the structure (or a group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
A. 
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply fronting each public street.
B. 
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
C. 
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
ZONING
Division of all of the land of an entire political subdivision into districts having different regulations pertaining to use of land; height, area, bulk and use of buildings; yard requirements; and in some states density of population. Zoning is affected by local ordinance under the police power of the state granted by specific legislation generally termed an "enabling act."
ZONING HEARING BOARD
The Caln Township Zoning Hearing Board, as established by the Board of Commissioners to hear matters in accordance with this chapter.
ZONING MAP
The Caln Township Zoning Map.
ZONING OFFICER
The agent or official designated by the governing body to administer and enforce this chapter.
ZONING ORDINANCE
The Caln Township Zoning Ordinance of 2005, Chapter 155 of the Caln Township Code, as amended.
[1]
Editor's Note: Former 68 P.S. § § 700.101 through 700.805, the Pennsylvania Unit Property Act, was repealed 7-2-1980, P.L. 286, No. 82. See now 68 Pa. C.S.A. § 3101 et seq., the Pennsylvania Uniform Condominium Act.
[2]
Editor's Note: The former definition of “floodplain overlay district,” comprised of the subdefinitions “base flood or regulatory flood,” “floodplain,” “flood hazard district,” “flood hazard map,” “flood insurance study,” “one-hundred-year floodplain,” “floodway” and “floodway fringe,” which immediately followed this definition, was repealed 7-13-2017 by Ord. No. 2017-02. See now § 155-131, Floodplain regulations.
[3]
Editor's Note: The former definition of "massage parlor or therapeutically massage facility," which immediately followed this definition, was repealed 11-29-2018 by Ord. No. 2018-10.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: The former definition of "mixed-use commercial and residential uses," which immediately followed this definition, was repealed 10-10-2013 by Ord. No. 2013-07.
[6]
Editor's Note: See Ch. 7, Authority, Municipal.
[7]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[8]
Editor's Note: The former definitions of "therapeutic massage" and "therapeutic spa or hot tub," which immediately followed this definition, were repealed 11-29-2018 by Ord. No. 2018-10.