Specific words and phrases. The following words and
phrases shall have the particular meaning assigned by this section
in the appropriate sections of this chapter:
ACCESS DRIVE
An improved cartway designed and constructed to provide for
vehicular movement between a public road and the off-street parking
and/or loading for any use other than one single-family dwelling unit
or farm.
ACCESSORY BUILDING APARTMENT
A dwelling unit that is located within a detached accessory
building of a principal single-family detached dwelling.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as the principal use or
building.
ACRE
A measurement of area applied to the land/water surface containing
43,560 square feet.
ACT
The Pennsylvania Municipalities Planning Code.
ADULT-RELATED USES
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
[Amended 2-7-2007 by Ord.
No. 2007-02]
(1)
ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
(2)
ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body, when specified anatomical areas are exposed.
(3)
ADULT BOOKSTOREAny establishment which has as a substantial or significant portion of its stock in trade:
(a)
Books, films, magazines or other periodicals,
or other forms of audio or visual representation which are distinguished
or characterized by an emphasis on depiction or description of specified
sexual activities or specified anatomical areas;
(b)
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
(4)
ADULT CABARETA nightclub, theater, bar, or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5)
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist, or message therapist, who is both nationally certified in therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork, and who is a professional member with active status in good standing of the American Massage Therapy Association. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(6)
ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(7)
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
(8)
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(9)
ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin or slug-operated, or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(10)
ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
(11)
ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
(12)
ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service, which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time, for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
(13)
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner, as defined in §
220-11C, licensed by the commonwealth, to engage in sexual therapy.
(14)
ADULT THEATERA theater, concert hall, auditorium, or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities, or by exposure of specified anatomical areas for observation by patrons.
(15)
Any other business or establishment which offers
its patrons services or entertainment characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
AGRICULTURE
The tilling of the soil, the raising of crops, horticulture
and gardening, including the keeping or raising of livestock, such
as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds,
fish, bees, and other similar animals. This definition also includes
noncommercial greenhouses and mushroom houses, as well as the processing
and retail sale of goods produced on the farm. This definition shall
also expressly include the incidental slaughter of livestock which
have been raised on the site.
ALLEY
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear or sides of properties.
ALTERATIONS
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders, joists or rafters,
or enclosing walls. Any renovation to a building which would change
its use.
ALTERNATIVE ENERGY SYSTEMS
Any device installed as an accessory use that supplies energy
principally for the principal use of the property that is derived
from natural sources (e.g., solar panels, wind turbines, hydro turbines,
geothermal exchangers, outdoor furnaces and similar and emerging technologies).
This definition shall permit the limited exchange, transfer and/or
sale of excess energy to a public or private utility company and use
conducted pursuant to and part of power purchase agreements.
[Added 6-19-2014 by Ord.
No. 2014-05]
AMUSEMENT ARCADE
A commercial establishment which provides, as a principal
use, amusement devices and/or games of skill or chance (e.g., pinball
machines, video games, skee-ball, electronic or water firing ranges
and other similar devices). This definition does not include the use
of two or less such devices as an accessory use.
ANAEROBIC DIGESTION
The process in which microorganisms in the absence of oxygen
convert the energy stored in volatile acids in livestock and poultry
manure or other organic materials into biogas.
[Added 6-19-2014 by Ord.
No. 2014-05]
ANIMAL HOSPITALS
Any establishment offering veterinary services. Animal hospitals
can treat all types of animals and can include outdoor and overnight
boarding of animals.
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) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
[Added 11-19-2015 by Ord.
No. 2015-04]
AREA
The two-dimensional measurement of space between known lines
or boundaries.
(1)
GROSS FLOOR AREAThe sum of the floor areas of a building as measured to the outside surfaces of exterior walls and/or all areas, either interior or exterior, intended for the conduct of a use.
(2)
HABITABLE FLOOR AREAThe sum of the floor areas of a dwelling unit, as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches.
(3)
LOT AREAThe total surficial area contained within the property lines of a lot.
(4)
RETAIL SALES AREAThe total area of use which is devoted to the display of goods and/or services, including aisles, to prospective patrons.
ATTIC
That part of a building which is immediately below, and completely
or partly within, the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area, unless it is constructed as, or
modified into, a habitable room by the inclusion of dormer windows,
an average ceiling height of seven feet or more, and a permanent stationary
interior access stairway to a lower building story.
AUTHORITY
East Cocalico Township Water and Sewer Authority.
AUTOMOBILE AUCTION
A use whereby passenger vehicles are offered for wholesale
and/or retail sales at prearranged auction sales.
AUTOMOBILE FILLING STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel, and oil
and other lubricating substances, including any retail sales of motor
vehicle accessories, which may not include major repairing, body and
fender work, painting, vehicular sales, nor rental or automatic car
washes.
AUTOMOBILE SALES
Any building or land devoted to the retail sales of passenger
vehicles, including accessory service and repair facilities, if conducted
within a completely enclosed building.
AUTOMOBILE SERVICE
The retail repair, servicing, maintenance, and reconstruction
of passenger vehicles, but not including car washes per se.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year (one-hundred-year flood).
BASEMENT
A space with less than half of its floor-to-ceiling height
above the average finished grade of the adjoining ground, and with
a floor-to-ceiling height of greater than seven feet.
BED-AND-BREAKFAST
A single-family detached dwelling, where between one and
five bedrooms are rented to overnight guests on a daily basis for
periods not exceeding two weeks. Breakfast may be offered only to
registered overnight guests.
BEEKEEPING
The raising or keeping of bees within a man-made box (beehive)
for hobby or business purposes.
BEST MANAGEMENT PRACTICES (BMPs)
State-of-the-art recommended practices for controlling stormwater
runoff, or handling hazardous substances, pursuant to the Pennsylvania
Clean Streams Law, Act of June 22, 1937, P.L. 1987, as amended, 35
P.S. § 691.1 et seq.; the Storm Water Management Act, Act
of October 4, 1978, P.L. 864, as amended, 32 P.S. § 680.1
et seq.; and 25 Pennsylvania Code, Chapter 102, Erosion Control.
BILLBOARD
A sign upon which advertising matter of any character is
printed, posted or lettered, whether freestanding or attached to a
surface of a building or other structure. A billboard is used to advertise
products, services or businesses at a location other than the premises
on which the sign is placed.
BIOGAS
A fuel consisting of methane, carbon dioxide, and small amounts
of water and other compounds produced as part of anaerobic digestion
processes.
[Added 6-19-2014 by Ord.
No. 2014-05]
BOARD
The Zoning Hearing Board of East Cocalico Township.
BOARDER
An individual, other than a member of a family, occupying
a dwelling unit or owning a lodging facility who, for compensation,
is furnished sleeping accommodations within such dwelling unit or
lodging facility, and may be furnished meals or other services as
part of the compensation.
BOARDINGHOUSE
A building or portion thereof arranged or used for sheltering
or feeding, or both, as a gainful business, for six but not more than
10 individuals that do not constitute a family.
BUILDING
Any structure with a roof intended for shelter or enclosure
of persons, animals or property.
(3)
ATTACHEDA building which has two or more party walls in common.
BUILDING HEIGHT
A building's vertical measurement from the mean level of the ground abutting the building to the highest point of the roof. (See §
220-34 for height limit exceptions.)
BUILDING SETBACK LINE
The actual line of the closest part of a building to an adjacent
street right-of-way line. This shall include sun parlors, covered
porches, whether enclosed or unenclosed, and any roof overhangs, but
does not include steps.
CAMPGROUND
A lot, tract or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by transients in recreational vehicles or tents.
CAMPSITE
A plot of ground within a campground intended for occupation
by a recreational vehicle or tent.
CARTWAY
The surface of a street, access drive, driveway or alley
available for vehicular traffic, including travel lanes and on-street
parking lanes, but not including curbs, sidewalks or swales.
CELLAR
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than seven feet. Within a dwelling
unit, a cellar shall not be counted as floor area.
CEMETERY
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoria, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof.
CHANNEL
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
CHANNEL FLOW
That water which is flowing within the limits of a defined
channel.
CHURCH AND RELATED USES
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, cemeteries, and
church-related educational and/or day-care facilities.
CLUBHOUSE
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which do not offer retail sales and services to the general
public, except as required for the membership of such club. Clubs
shall include, but not be limited to, service and political organizations,
labor unions, as well as social and athletic clubs.
CO-LOCATED TOWERS AND EQUIPMENT
The placement or installation of new wireless telecommunication
facilities 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 wireless telecommunication facilities
if approved by the Township. This term includes the placement, replacement
or modification of accessory equipment within a previously approved
equipment compound serving a wireless telecommunication facility.
[Added 6-19-2014 by Ord.
No. 2014-05]
CO-LOCATION
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.
[Added 11-19-2015 by Ord.
No. 2015-04]
COMMERCIAL COURTYARD
An arrangement of businesses within a Village Overlay Zone
where the storefronts adjoin a courtyard devoted to pedestrian traffic
that is completely separated from vehicular traffic and off-street
parking.
COMMERCIAL RECREATION FACILITY
An activity operated as a business, open to the public, for
the purpose of public recreation or entertainment, including, but
not limited to, bowling alleys, drive-in motion-picture facilities,
swimming pools, health clubs, miniature golf courses, museums, etc.
This does not include adult-related uses or amusement arcades, as
defined herein.
COMMERCIAL SCHOOL
A school that may offer a wide range of educational or instructional
activities (excluding vocational-mechanical trade schools, as defined
herein) that may, or may not, be operated as a gainful business by
some person or organization other than the public school district.
COMMON OPEN SPACE
Any area of land or water, or a combination of land and water,
within a development site designed and intended for use by all residents
of the development or the general public. Land included within the
right-of-way lines of streets and stormwater detention basins with
impervious surfaces shall not be classified as common open space.
Common open spaces shall not include required setbacks between buildings
and street rights-of-way, driveways, access drives, parking areas,
and property lines of the development.
COMMUNITY WATER SYSTEM
A water system which serves more than one principal use,
but less than that to be considered a public water system as defined
herein.
COMPREHENSIVE PLAN
The latest version of the document adopted by the Township, pursuant to Article
III of the Act.
COMPREHENSIVE ZONING PROPOSALS
A
Zoning Map amendment initiated by the Township generally affecting more than one, or a few, properties, and where posting of signs on affected properties would be impractical.
CONDITIONAL USE
A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district, only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with §
220-151 of this chapter.
CONDOMINIUM
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts
of the structure in common with other owners.
CONSERVATION PLAN
A plan including a map(s) and narrative that, at the very
least, outlines an erosion and sedimentation control plan for an identified
parcel of land.
CONVENIENCE STORE
A business which specializes in the retail sales and/or rental
of household products and foods. Convenience stores may also include
any of the following, provided that each use has obtained the necessary
respective approvals, and it operates as an accessory use to the convenience
store:
(1)
Retail sales or rental of books, magazines,
videos, software, and video games provided that adult-related uses
are expressly prohibited;
[Amended 2-7-2007 by Ord. No. 2007-02]
(2)
Restaurants, including drive-through or fast-food
operations, provided that rest rooms are made available to the public;
(4)
Automatic bank teller machines;
(5)
Photomats and film development drop-off sites;
(6)
Laundry, dry cleaning and tailoring drop-off
sites;
(7)
Lottery sales counters and machines;
(8)
Propane fuel sales within no larger than 20
pound tanks, which must be stored outside of the building, but within
a locked enclosure at all times;
(9)
Dispensing of automobile fuels, oils, compressed
air, kerosene, washer fluid, and other auto-related items;
(10)
Car washes, subject to the requirements of §
220-74 of this chapter; and
(11)
Post offices and other parcel delivery drop-off
sites.
CONVENTION CENTER
An assemblage of uses that provide for a setting where indoor
and outdoor exhibits and activities serve various business, entertainment,
recreation, conventions. This use can also include related lodging
and dining facilities.
CORRIDOR ASSESSMENT POLICY
An officially adopted policy of East Cocalico Township that
sets forth vehicular access restrictions (among other things) to ensure
safe and efficient vehicle and pedestrian travel through busy areas
of the Township.
CRT
Cathode ray tube.
[Added 12-5-2007 by Ord. No. 2007-08]
DAY CARE
The offering of care or supervision over minors or special
needs adults in lieu of care or supervision by family members. This
definition does not include the offering of overnight accommodations.
(1)
DAY-CARE, ACCESSORYA day-care that is operated as an accessory use to a principal business in which minors and special needs adults who are related to employees of the site are offered care and supervision. Such uses must comply with applicable state requirements at all times, and proof of such compliance must be provided to the Zoning Officer at the time of application for a zoning permit.
[Amended 10-1-2008 by Ord. No. 2008-03]
(2)
DAY-CARE, COMMERCIALA day-care facility that is a primary use and is licensed by the Commonwealth of Pennsylvania.
(3)
DAY-CARE, FAMILYA day-care facility that is operated as an accessory use to a detached single-family dwelling that is registered by the Commonwealth of Pennsylvania and offers care and supervision to no more than four nonresidents during any calendar day.
(4)
DAY-CARE, GROUPA day-care facility that is operated as an accessory use to a detached single-family dwelling for five or six nonresidents of the site during any calendar day. This use must be registered by the Commonwealth of Pennsylvania.
DENSITY
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, and public and private streets.
DEVELOPMENT
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 11-19-2015 by Ord.
No. 2015-04]
DOMESTIC PETS
The noncommercial keeping of no more than four adult nonfarm
animals, that are locally available for purchase as pets, as an accessory
use to a primary residential use.
DOWNTOWN COMMERCIAL AREA
An arrangement of businesses within a Village Overlay Zone
where the storefronts have generally uniform and minimal setbacks
from the adjoining public sidewalk of a road with on-street parking.
DRIVEWAY
An improved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving one single-family
dwelling unit or a farm.
DWELLING
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals, hotels, boarding, rooming and lodging houses, institutional
houses, tourist courts, and the like, offering overnight accommodations
for guests or patients. All dwellings must be permanently affixed
to a completely enclosed foundation constructed of currently accepted
materials that shall be an entire perimeter wall and extend from below
the frost line to the first floor of the building. Such foundation
shall be constructed to provide sufficient structural integrity to
prevent the building from heaving, shifting, or settling unevenly,
due to frost action. In addition, all dwellings shall be properly
connected to approved and permanently designed sewer, water, electrical,
and other utility systems.
(1)
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home complies with Sections AE601 through AE605 of the 2000 International Residential Code, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling.
(2)
DUPLEX(Two-family; single-family semidetached.) A freestanding building containing two dwelling units for two families, arranged in a side-by-side (Figure 2) or over-and-under (Figure 3) configuration.
(3)
MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units (Figure 4).
(4)
TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls (Figure 5).
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities. For the purposes of this chapter, a dwelling unit may
possess more than one kitchen and bathroom. In addition, separate
groups of an extended family may occupy a single dwelling unit with
separate living spaces, so long as there is free and clear access
to such separate living spaces. Free and clear access means that there
must be interior doors between such areas and that these doors must
be generally unlocked.
DYNAMIC MESSAGE DISPLAY
A sign incorporating LCD, LED, plasma, CRT, pixelized lights,
other video-like displays or other means of changing messages.
[Added 12-5-2007 by Ord. No. 2007-08]
EARTHMOVING ACTIVITY
Any construction or other activity (excluding agriculture)
which disturbs the surface of the land including, but not limited
to, excavations, embankments, land development, subdivision development,
mineral extraction, and the moving, depositing or storing of soil,
rock or earth.
ECHO HOUSING
An additional dwelling unit placed on a property for occupancy
by either an elderly or challenged (mentally, physically, emotionally)
person related by blood, marriage or adoption, to the occupants of
the principal dwelling.
ELECTRONIC NOTICE
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 6-19-2014 by Ord.
No. 2014-05]
EMERGENCY
A condition that:
(1)
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
(2)
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
[Added 11-19-2015 by Ord.
No. 2015-04]
EMERGENCY RESPONDERS
The Township Police Department and Emergency Preparedness
Coordinator, the Township Fire Official, the first due EMS company
and the PA State Police.
[Added 6-19-2014 by Ord.
No. 2014-05]
EMISSIONS RELEASE POINT
That location where an exhaust chimney of an outdoor furnace
permits the unrestricted flow of exhaust into the environment.
[Added 6-19-2014 by Ord.
No. 2014-05]
FAMILY
An individual or individuals related by blood, marriage or
adoption that maintain one common household and live within one dwelling
unit. Additionally, up to five unrelated individuals who maintain
a common household and live within one dwelling unit may be considered
a family. Finally, a family may also be considered any number of unrelated
individuals who are developmentally disabled and occupy a group home
that is licensed by the appropriate governmental agencies.
FARM
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry or dairy products, including
necessary farm structures and the storage of equipment customarily
incidental to the primary use.
FARMERS' AND/OR FLEA MARKET
A retail sales use where more than one vendor displays and
sells general merchandise that is new or used. Farmers' and/or flea
markets can include indoor and outdoor display of merchandise.
FARM OCCUPATION
An accessory use to the primary agricultural use of a property
in which residents engage in a secondary occupation conducted on the
farm.
FCC
Federal Communications Commission.
[Added 11-19-2015 by Ord.
No. 2015-04]
FEEDER ROAD
A new road, constructed in accordance with the Township's
Corridor Assessment Policy, that provides for principal alternate
vehicular access to properties fronting along PA Route 272.
FELLING
The act of cutting a standing tree so that it falls to the
ground.
FILL
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including, but not limited
to, levees, bulkheads, dikes, jetties, embankments, and causeways.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overland flow of watercourses,
or from the unusual and rapid accumulation or runoff of surface waters
from any source.
FLOOD ELEVATION
The projected heights, in relation to the North American
Vertical Datum of 1988 (NAVD 88), reached by floods of various magnitudes
and frequencies in the floodplain areas.
[Amended 2-7-2007 by Ord.
No. 2007-02]
FLOOD OF RECORD
The flood which has reached the highest flood elevation above
mean sea level at a particular location.
FLOODPLAIN
An area of land adjacent to the channel of a watercourse
which has been, or is likely to be, flooded, or any area subject to
the unusual and rapid accumulation or runoff of surface waters from
any source.
FLOODPROOF
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to property, structures and their contents.
FLOODWAY
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the base flood elevation more than one foot.
FOOTCANDLE
A measure of surface illumination equal to one lumen per
square foot.
FORESTRY
The management of forest and timberlands when practiced in
accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
FORESTRY OPERATOR
An individual, partnership, company, firm, association, or
corporation engaged in timber harvesting, including the agents, subcontractors
and employees thereof.
GARAGE, PRIVATE
An accessory building for the storage of one or more automobiles
and/or other vehicles accessory and incidental to the primary use
of the premises; provided, however, that one commercial vehicle not
exceeding a gross vehicle weight of 11,000 pounds may be stored therein
where the use of such vehicle is not incidental to the use of the
premises. No business, occupation or service shall be conducted therein,
nor shall space therein for more than one vehicle be leased to a nonoccupant
of the premises. Where a garage is an attached integral part of a
dwelling unit, the garage shall not be counted as floor area, unless
it is constructed or modified into a habitable room by the removal
of all vehicular access doors and provided adequate off-street parking
is still available on the same lot as the dwelling unit.
GEOTHERMAL BOREHOLES
A hole drilled or bored into the earth into which piping
is inserted for use in a closed vertical loop geothermal system.
[Added 6-19-2014 by Ord.
No. 2014-05]
GEOTHERMAL SYSTEM
Any device installed as an accessory use that supplies energy
principally for the principal use of the property that is derived
from the exchange of underground temperature.
[Added 6-19-2014 by Ord.
No. 2014-05]
GOLF COURSE
A golf course with a minimum of 2,800 yards of play in nine
holes.
GROUP HOME
A dwelling operated by a responsible individual, family or
organization, with a program to provide a supportive living arrangement
for individuals larger than a family, where special care is needed
by the individuals served due to age, emotional, mental, or physical
handicap. Group homes must be licensed where required by any appropriate
governmental agencies, and a copy of any such licenses must be delivered
to the Township prior to beginning the use. Group homes shall be subject
to the same limitations and regulation by the Township as single-family
detached dwellings, except insofar as and where such limitations and
regulation would result in a tendency to perpetuate segregation of
the challenged (mentally, physically, emotionally) person in housing
patterns, as substantiated by reasonable evidence provided to the
Board of Supervisors.
HAZARDOUS MATERIAL
Materials which have the potential to damage health or impair
safety. Hazardous materials include, but are not limited to, inorganic
mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous,
selenium, and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials. Also included are floatable materials with
the potential to cause physical damage, such as logs, storage tanks
and large containers.
HAZARDOUS SUBSTANCES
A product or waste, or combination of substances that, because
of the quantity, concentration, physical, chemical, or infectious
characteristics, if not property treated, stored, transported, used
or disposed of, or otherwise managed, would create a potential threat
to public health through direct or indirect introduction into groundwater
resources and the subsurface environment. Such hazardous substances
include, but are not limited to, substances regulated under the law.
The official list of hazardous substances and their respective reportable
quantities subject to monitoring under this chapter is the list presented
in 40 CFR 302 Designation, Reportable Quantities and Notification,
as amended.
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution facility and other discarded material including solid, liquid,
semisolid, or contained gaseous material resulting from municipal,
commercial, industrial, institutional, mining, for agricultural operations,
and from community activities, or any combination of the above, which
because of its quantity, concentration, or physical, chemical, or
infectious characteristics may:
(1)
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population; or
(2)
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, exposed of, or otherwise managed.
HAZARDOUS WASTE FACILITY
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste for
the storage or treatment for any time span, other than the normal
transportation time through the Township.
HEALTH AND RECREATION CLUB
A commercial business that offers active recreational and/or
fitness activities. Such activities are provided only to club members
and their guests. Such facilities do not include golf courses.
HEAVY EQUIPMENT
Vehicles and machinery that are not normally associated with
domestic use (e.g., excavation equipment, commercial trucks, tractor
trailers, buses, yachts, mechanized amusement rides, industrial machinery,
and other similar items).
[Amended 10-1-2008 by Ord. No. 2008-03]
HEIGHT, BUILDING
A building's vertical measurement from the average ground
level at the corners of the building to the highest point of the roof.
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 11-19-2015 by Ord.
No. 2015-04]
HEIGHT, STRUCTURE
A structure's vertical measurement from the mean level of
the ground abutting the structure to the highest point of the structure.
HELIPORT
A principal use where one or more helicopters may land/take
off and be stored. Such use may also include support services such
as fueling and maintenance equipment, passenger terminals and storage
hangars.
HISTORIC SITE
Any land area or structure that is:
[Added 10-1-2008 by Ord. No. 2008-03]
(1)
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic zone or a zone preliminarily determined by the Secretary
to qualify as a registered historic zone;
(3)
Individually listed on the state inventory of historic places
by the Pennsylvania Historical and Museum Commission; or
(4)
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(a)
By the Pennsylvania Historical and Museum Commission; or
(b)
Directly by the Secretary of the Interior.
HOME IMPROVEMENT AND BUILDING SUPPLY STORE
A facility for the retail sale of a combination of products
used in the construction, repair and improvement of homes, including,
but not limited to, lumber, masonry products, exterior siding, roofing,
plumbing fixtures, pipes, electrical supplies, floor coverings, paints
and wall coverings, windows and glass, landscaping materials, hardware,
tools, and other accessories. Home improvement stores shall always
involve outdoor storage of materials; any facilities that sell the
above-described products that do not have outdoor storage can be considered
to offer the general retail sale of goods.
[Added 10-1-2008 by Ord. No. 2008-03]
HOME OCCUPATION
A business or commercial activity that is conducted as an
accessory use in a detached dwelling unit, except that a limited business
or commercial activity which adheres to the definition of "no-impact
home-based business," as defined herein, is permitted by right in
any dwelling unit within the (A, C, R, R-1, R-2, R-3, MHP, VO and
MR) Zones.
HOSPITAL
An institution, licensed in the Commonwealth of Pennsylvania,
which renders inpatient and outpatient medical care on a 24 hours
per day basis, and provides primary health services and medical/surgical
care to persons suffering from illness, disease, injury, deformity
and other abnormal physical or mental conditions. A hospital use can
also include attached and detached accessory uses, provided that all
accessory uses are contained upon the hospital property.
HOTEL
A facility which provides lodging to boarders for compensation,
which contains more than eight rooms with less than 25% of all rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, and which may provide meals
and other services as a part of the compensation.
HPTLC
Historic Preservation Trust of Lancaster County.
HUB HEIGHT
The distance measured from the surface of the tower foundation
to the highest height of the wind turbine hub, to which the blade
is attached.
[Added 6-19-2014 by Ord.
No. 2014-05]
IMPORTANT NATURAL AND/OR CULTURAL FEATURE
Any area characterized by any of the following:
[Added 10-1-2008 by Ord. No. 2008-03]
(1)
The one-hundred-year floodplain;
(3)
Wetlands, streams, springs, seeps, ponds and other bodies of
water;
(4)
Riparian buffer zones as regulated by §
220-29 of this chapter;
(5)
Sinkholes, closed depressions, fissures, ghost lakes, rock outcrops,
caves, caverns, vistas, disappearing streams and disappearing lakes;
(6)
Threatened and/or endangered species habitats as identified
on the latest Pennsylvania Natural Diversity Inventory;
(7)
Known and/or suspected areas of archaeological significance
as identified by the Pennsylvania Historical and Museum Commission;
(8)
Historic sites as identified in Section 220.28. and/or as defined
herein;
(9)
Stands of mature trees that exceed 5,000 square feet of contiguous
land area; and
(10)
Class I, II, or III agricultural soils as identified in the
latest version of the soil survey and/or area that is otherwise agriculturally
productive.
INTENSIVE LIVESTOCK OPERATION
An agricultural use involving the commercial keeping and
handling of livestock quantities with characteristics in both of the
following subsections:
|
100 horses;
|
|
100 dairy or beef cattle;
|
|
200 swine;
|
|
200,000 poultry, excluding turkeys;
|
|
200 sheep or veal;
|
|
5,000 turkeys;
|
|
plus the keeping and handling of livestock quantities
exceeding an average adult weight for horses, dairy cattle and layer
chickens and/or an average market weight of all other livestock of
2,000 pounds per acre, as referenced in the following table:
|
|
Livestock
|
Animal Size
(pounds)
|
---|
|
Cattle:
|
|
|
|
Dairy
|
150-1,500
|
|
|
Beef
|
400-1,400
|
|
|
Veal
|
100-350
|
|
Swine:
|
|
|
|
Pigs
|
35-200
|
|
|
Gestating sow (limit fed)
|
275
|
|
|
Sow and 8 pigs
|
375
|
|
|
Boar (limit fed)
|
350
|
|
Sheep
|
100
|
|
Horse
|
1,000
|
|
Poultry (see following types):
|
|
|
|
Layer
|
4
|
|
|
Layer, heavy
|
7
|
|
|
Pullet
|
3
|
|
|
Broiler
|
4
|
|
|
Roaster
|
7
|
|
|
Turkey
|
20
|
|
|
Duck
|
7
|
|
|
Guinea
|
3-4
|
|
|
Pheasant
|
3
|
|
|
Chukar
|
1.5
|
|
|
Quail
|
0.5
|
|
Sources: PA DEP, Field Application of Manure,
and Poultry Manure Management.
|
INTENSIVE PRODUCE OPERATION
An agricultural use whereby plant materials are principally
grown within enclosed buildings, and where such use exceeds a lot
coverage of 10%.
INTERIOR DRIVE
Any on-site vehicular movement lane(s) that are associated
with a use other than a single-family dwelling.
INVASIVE PLANT SPECIES OF PENNSYLVANIA
Invasive plants displace naturally occurring native vegetation
and, in the process, upset nature's balance and diversity. Invasive
plants are characterized by rapid growth and prolific reproductive
capabilities, highly successful seed dispersal, germination and colonization
processes, and rampant spreading that takes over native species and
are very costly to control. In general, aggressive, nonnative plants
have no enemies or controls to limit their spread. For the purposes
of satisfying landscape requirements of this chapter, the use of invasive
plant species is prohibited except in cases where a Pennsylvania certified
horticulturalist, landscape architect or engineer registered in the
commonwealth presents credible evidence that the use of such invasive
species is necessary for vegetation to be sustained at the proposed
location for the proposed use. Invasive plant species are listed below;
however, this definition shall expressly include any future listing
of invasive species for the Township determined by the federal or
state government or any agency designated for such purpose by the
federal or state government:
[Added 6-19-2014 by Ord.
No. 2014-05]
|
Trees:
|
|
Acer platanoides, commonly known as Norway maple
|
|
Acer pseudoplatanus, commonly known as sycamore maple
|
|
Ailanthus altissima, commonly known as tree-of-heaven
|
|
Elaeagnus angustifolia, commonly known as Russian olive
|
|
Populus alba, commonly known as white poplar
|
|
Ulmus pumila, commonly known as Siberian elm
|
|
Viburnum lantana, commonly known as wayfaring tree
|
|
Shrubs and Vines:
|
|
Berberis thunbergii, commonly known as Japanese barberry
|
|
Elaeagnus umbellata, commonly known as autumn olive
|
|
Euonymus alatus, commonly known as winged euonymus (excluding
compacta cultivar)
|
|
Ligustrum vulgare, commonly known as European privet
|
|
Lonicera japonica, commonly known as Japanese honeysuckle
|
|
Lonicera maackii, commonly known as Amur honeysuckle
|
|
Lonicera morrowii, commonly known as Morrow's honeysuckle
|
|
Lonicera tatarica, commonly known as Tartarian honeysuckle
|
|
Lonicera xbella, commonly known as hybrid honeysuckle
|
|
Lythrum salicaria, commonly known as purple loosestrife (herbaceous)
|
|
Morus alba, commonly known as white mulberry
|
|
Morus rubra, commonly known as red mulberry
|
|
Phyllostachys, commonly known as aubea bamboo
|
|
Rhamnus cathartica, commonly known as common buckthorn
|
|
Frangula alnus, commonly known as glossy buckthorn
|
|
Rosa multiflora, commonly known as multiflora rose
|
|
Viburnum opulus, commonly known as European highbush cranberry
|
|
Source: PA Department of Natural and Cultural Resources
|
JOINT-USE DRIVEWAY
An improved cartway designed and constructed to provide for
vehicular movement between a road and up to four properties, each
of which contains a single dwelling unit.
JUNK
Used materials, discarded materials, or both, including,
but not limited to, waste paper, rags, metal, building materials,
house furnishings and appliances, machinery, unlicensed and/or uninspected
vehicles or parts thereof, all of which are being stored awaiting
potential reuse or ultimate disposal.
JUNKED MATERIALS
The accumulation of used and/or discarded materials with
the potential for leaching pollutants into the groundwater, including,
but not limited to, appliances, machinery, vehicles, or parts thereof,
whether accumulated or discarded on the land surface or into a stream,
wetland or other water body and all that defined as junk within this
chapter.
JUNKYARD
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including, but not limited to, waste paper, rags, metal,
building materials, house furnishings, machinery, vehicles, or parts
thereof, with or without the dismantling, processing, salvage, sale,
or other use or disposition of the same. The deposit or storage on
a lot of one or more unlicensed, wrecked or disabled vehicles, or
the major part thereof, shall be deemed to constitute a "junkyard."
(A disabled vehicle is a vehicle intended to be self-propelled that
shall not be operable under its own power for any reason, or a vehicle
that does not have a valid current registration plate or certificate
of inspection.)
KENNEL
Any lot on which five or more animals (except relating to
a farm) are kept, boarded, raised, bred, treated, or trained for a
fee, including, but not limited to, dog or cat kennels.
LANDING
The place where logs, pulpwood or firewood are assembled
for transport to processing facilities.
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 if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
LANDSCAPE SCREEN
A completely planted visual barrier composed of evergreen
shrubs and trees, arranged to form both a low-level and a high-level
screen between grade and to a height of six feet.
LAW
Shall mean and specifically refer to any and all federal,
state and local laws, statutes, court decisions, ordinances, and regulations,
including, but not limited to, those addressing environmental issues,
pollution control, hazardous substances, and drinking water, which
govern this chapter.
LCD
Liquid crystal display.
[Added 12-5-2007 by Ord. No. 2007-08]
LED
Light emitting diode.
[Added 12-5-2007 by Ord. No. 2007-08]
LITTER
Discarded materials scattered about a site that are not normally
associated with its use.
LOADING SPACE
An off-street space or area suitable for the loading or unloading
of goods and having direct useable access to a street or alley. The
definition of "loading space" shall not include temporary short-term
parking areas for trucks of the type customarily used for fuel or
small package delivery. Those areas shall be considered as Oversize
Parking Spaces and are part of the parking lot.
[Amended 10-3-2019 by Ord. No. 2019-09]
LOP
The process of cutting tree tops and slash into smaller pieces
to allow material to settle close to the ground.
LOT
Any area of land intended as a single unit for purposes of
ownership, transfer of ownership, use, rent, improvement, or development.
The word "lot" includes the word "plot," "parcel" or "tract." A lot
for zoning purposes may include one or more lots of record.
(1)
LOT, CORNERA lot at the point of intersection of and abutting two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of the two street lines. Corner lots shall have two front yards, one side and one rear yard.
(2)
LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone, but that does have sufficient lot width away from the lot's frontage.
(3)
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.
(4)
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT COVERAGE
A percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking area, sidewalks).
LOT DEPTH
The horizontal distance measured between the street right-of-way
line and the closest rear property line. On corner and through frontage
lots, the depth shall be measured from the street right-of-way line
of the street of address to the directly opposite property line.
LOT WIDTH
The horizontal distance measured between side property lines.
On corner lots, lot width shall be measured between the right-of-way
line for the nonaddress street and the directly opposite property
line.
MAILED NOTICE
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 6-19-2014 by Ord.
No. 2014-05]
MANURE
The fecal and urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
MANURE DIGESTER
A facility, the main purpose of which is to use anaerobic
digestion processes to convert livestock and poultry manure (primary
catalyst) into biogas, which is generally burned on site to produce
electricity, heat, and water, as well as to manage livestock and poultry
manure. Manure digesters may include "co-digestion" in which the livestock
and poultry manure (primary catalyst) may be mixed with other organic
materials (secondary catalysts). Types of manure digesters include
covered anaerobic lagoons, plug-flow, and/or complete mix (or continually
stirred tank reactor), along with other appurtenant sites, structures
and buildings, electrical infrastructure, transmission lines and other
appurtenant structures and facilities.
[Added 6-19-2014 by Ord.
No. 2014-05]
MANURE STORAGE FACILITIES
A detached structure or other improvement built to store
manure for future use, or disposal. Types of storage facilities are
as follows: underground storage, in ground storage, trench silo, earthen
bank, stacking area, and aboveground storage.
MASS TRANSIT DEPOT
A principal use whereby vehicles of mass transit are stored,
maintained, dispatched and/or boarded.
MAXIMUM FLOOD ELEVATION
The water surface elevations of a flood which would completely
fill the floodplain to the boundaries of the Floodplain Zone.
MEAN SEA LEVEL
The average height of the sea for all stages of the tide,
using the North American Vertical Datum of 1988 (NAVD 88).
[Amended 2-7-2007 by Ord. No. 2007-02]
MEDICAL OR DENTAL CLINIC
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an outpatient basis.
MESSAGE DISPLAY CYCLE
That unit of time in which one complete message is displayed
upon a sign incorporating a dynamic message display.
[Added 12-5-2007 by Ord. No. 2007-08]
MINI-WAREHOUSE
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organization. These units shall be used solely
for dead storage and no processing, manufacturing, sales, research
and development testing, service and repair, or other nonstorage activities
shall be permitted.
MINOR MUNICIPAL SERVICE OR UTILITY FACILITIES
Any minor facility, such as sewage pump stations, water booster
stations, well sites, pump houses, water treatment buildings, lift
stations, or similar uses, which are owned or operated by the Township
or an Authority created by the Township, or are under direct contract
to the Township and not operated on a commercial basis.
[Added 2-15-2006 by Ord. No. 2006-03]
MOBILE HOME (MANUFACTURED HOME)
Any structure intended for, or capable of, permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in §
220-18 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there-imposed. For the purposes of §
220-26 of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.
MOBILE HOME LOT (MANUFACTURED 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 (MANUFACTURED HOME PARK)
A parcel or contiguous parcels of land which have been so
designated and improved to contain two or more mobile home lots for
the placement thereon of mobile homes.
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 11-19-2015 by Ord.
No. 2015-04]
MOTEL
A facility which provides lodging to boarders for compensation,
which contains more than eight rooms with at least 25% of all rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, and which may provide meals
and other services as a part of the compensation.
MUNICIPAL SERVICES
Those uses and facilities designed to furnish necessary support
for the general public health, safety and welfare that are typically
the responsibility of local governments and other locally operated
service agencies and are not operated on a commercial basis. Such
uses shall include, but not be limited to:
(1)
Township offices, meeting halls, garages, and
storage yards;
(2)
Police, fire and ambulance stations;
(3)
Indoor community service uses and activities,
including meeting rooms, classrooms, theaters, auditoriums, banquet
and social halls, scout cabins, libraries, museums and galleries of
materials that are not for sale, clubhouses, accessory cafeterias
and kitchens, and other similar uses;
(4)
Outdoor community service facilities and activities,
including fair grounds, community bulletin boards and other similar
uses; and
(5)
Uses accessory to the above permitted uses,
including parking and loading spaces, signs, offices, rest rooms,
maintenance equipment storage areas and buildings, lights, waste receptacles
and dumpsters, bleachers, and other similar uses.
NEIGHBORHOOD RETAIL AREA
An arrangement of businesses within a Village Overlay Zone
where the storefronts open onto sidewalks that adjoin an off-street
parking lot.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of this chapter.
NIGHTCLUB
Any building used for on-site consumption of alcoholic or
nonalcoholic beverages where live entertainment is offered more frequently
than three times per week. For the purposes of this definition, "live
entertainment" is meant to include the use of disc-jockeys for the
purposes of supplying musical entertainment. Nightclubs may also provide
for the on-site consumption of food. Additionally, nightclubs may
offer the retail sale of carry-out beer and wine as an accessory use.
This is meant to include an "under 21" club which features entertainment.
This use does not include adult-related uses as defined herein.
NO-IMPACT HOME BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
(1)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses;
(2)
The business shall employ no employees other
that family members residing in the dwelling;
(3)
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature;
(4)
There shall be no outside appearance as a business
use, including, but not limited to, parking, signs, or lights;
(5)
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical interference, including interference with radio or television
reception, which is detectable in the neighborhood;
(6)
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood;
(7)
The business shall be conducted only within
the dwelling and may not occupy more than 25% of the habitable floor
area; and
(8)
The business may not involve any illegal activity.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zone in which it is located by
reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in the
zoning ordinance, or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment, or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in the zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance, or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
NONCONFORMITY, DIMENSIONAL
Any aspect of a land use that does not comply with any size,
height, bulk, setback, distance, landscaping, coverage, screening,
or any other design or performance standard specified by this chapter,
where such dimensional nonconformity lawfully existed prior to the
adoption of this chapter or amendment thereto.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
[Added 11-19-2015 by Ord.
No. 2015-04]
NOXIOUS SPECIES
Plants identified by the Pennsylvania Department of Agriculture's
Noxious Weed Control List. The following lists the current known species;
however, this definition shall also expressly include any future listing
of such species:
[Added 6-19-2014 by Ord.
No. 2014-05]
|
(Source:http://www.portal.state.pa.us/portal/server.pt/gateway/PTARGS_0_2_24476_
102 97_0_43/http%3B/10.41.0.77/AgWebsite/ProgramDetail.aspx?name=Noxious-
Invasive-and-Poisonous-Plant-Program&navid=12&parentnavid=0&palid=116&)
|
|
Cannabis sativa L, commonly known as marijuana
|
|
Cirsium arvense, commonly known as Canadian thistle
|
|
Rosa multiflora, commonly known as multiflora rose
|
|
Sorghum halepense, commonly known as Johnson grass
|
|
Persicaria perfoliatum, commonly known as mile-a-minute
|
|
Pueraria montana var. lobata, commonly known as kudzu-vine
|
|
Cirsium vulgare, commonly known as bull or spear thistle
|
|
Carduus nutans, commonly known as musk or nodding thistle
|
|
Sorghum bicolor, commonly known as shattercane
|
|
Datura stramonium, commonly known as jimsonweed
|
|
Lythrum salicaria, commonly known as purple loosestrife, including
all cultivars
|
|
Heracleum mantegazzianum, commonly known as giant hogweed
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Galega officinalis, commonly known as goatsrue
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NURSERY AND GARDEN CENTER
A commercial operation devoted to the raising and/or selling
of trees, ornamental shrubs, flowers, houseplants, and vegetable plants
for transplanting along with related materials, tools and equipment.
[Added 10-1-2008 by Ord. No. 2008-03]
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area:
(1)
Which may impede, retard, or change the direction
of the flow of water, either in itself or by catching or collecting
debris carried by such water; or
(2)
Which is placed where the flow of the water
might carry the same downstream to the damage of life and property.
OFFICE
A place where the primary use is conducting the affairs of
a business, profession, service, or government, including administration,
record keeping, clerical work, and similar business functions. An
office shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products; or the sale or delivery of any materials, goods or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
ON-SITE SEWER SERVICE
On-site sewer service is the disposal of sewage by use of
septic tanks, or other safe and healthful means within the confines
of the lot on which the use is located, as approved by the Pennsylvania
Department of Environmental Protection.
ON-SITE WATER SERVICE
On-site water service is a safe, adequate and healthful supply
of water to a single user from a private well.
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
ONE-HUNDRED-YEAR FLOOD BOUNDARY
The outer boundary of an area of land that is likely to be
flooded once every 100 years (i.e., that has a one-percent chance
of being flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Soil Conservation Service, the United States Geological
Survey, the Susquehanna River Basin Commission, or a licensed surveyor
or professional engineer, registered by the Commonwealth of Pennsylvania
is necessary to define this boundary.
OUTDOOR FURNACE
A freestanding or attached accessory structure or appliance,
designed to be located outside of a principal use, which is designed
to provide heat and/or hot water to said principal use through the
consumption of clean wood, coal, natural gas, kerosene, propane, or
domestic heating oil, provided that such fuels comply with all applicable
sulfur limits. For the purposes of this definition, "clean wood fuel"
shall include all wood intended to be used as fuel, including but
not limited to trees, cordwood, logs, lumber, sawdust, and wood from
manufacturing processes (butt offs, shavings, turnings, sander dust),
wood pellets, slabs, bark, chips, and waste pallets. Clean wood fuel
does not include materials chemically treated with any preservative,
paint, or oil.
[Added 6-19-2014 by Ord.
No. 2014-05]
(1)
PHASE 2 OUTDOOR FURNACEAn outdoor furnace that has been certified by the United States Environmental Protection Agency as meeting a particulate matter emission limit of 0.32 pound per million British thermal units (BTUs) of output.
OVERSIZE PARKING SPACE
An off-street parking space designed to accommodate a vehicle
with one or more of the following characteristics:
(1)
A registered gross weight in excess of 17,001
pounds;
(2)
Having a length in excess of 20 feet;
(3)
Having a height of more than 11 feet six inches;
(4)
Having a width of more than eight feet nine
inches; and/or
(5)
Showing a windshield weight class slicker with
a number above six.
OWNER
For the purposes of §
220-27 of this chapter, any record owner of a tract of land located within the Township, which contains any nonresidential land use or activity.
PA
Commonwealth of Pennsylvania.
[Added 6-19-2014 by Ord.
No. 2014-05]
PA DCNR
Pennsylvania Department of Conservation and Natural Resources.
[Added 6-19-2014 by Ord.
No. 2014-05]
PA DEP
Pennsylvania Department of Environmental Protection.
[Added 6-19-2014 by Ord.
No. 2014-05]
PA DOT
Pennsylvania Department of Transportation.
[Added 6-19-2014 by Ord.
No. 2014-05]
PARKING COMPOUND
Primary business where passenger vehicles may be stored for
short-term, daily or overnight off-street parking, and connected to
a street by an access drive.
PARKING LOT
An accessory use in which required and additional parking spaces are provided, subject to the requirements listed in §
220-42 of this chapter.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
PARKS AND PLAYGROUNDS
Those facilities designed and used for recreation purposes
by the general public that are not operated on a commercial basis.
This definition is meant to include the widest range of recreational
activities, excluding adult-related uses, amusement arcades, amusement
or theme parks, golf courses, off-track betting parlors, racetracks,
and shooting ranges. Such uses may include:
(1)
Outdoor park and recreation facilities, including
athletic fields, courts, playgrounds, open play areas, stadiums, skating
rinks, skateboard, stunt-bicycle or BMX-bicycle courses, and other
similar uses;
(2)
Indoor recreation facilities, including community
centers, gymnasiums, weight and fitness rooms, tennis courts, gymborees,
game rooms, bowling alleys, skating rinks, locker rooms, and other
similar uses;
(3)
Outdoor passive recreation facilities, including
picnic pavilions, hiking, biking and fitness trails, park benches,
fountains, statues and other memorials, barbecue grills, ponds, natural
and cultural exhibits, amphitheaters, and other similar uses;
(4)
Indoor community service uses and activities,
including meeting rooms, classrooms, theaters, auditoriums, banquet
and social halls, scout cabins, libraries, museums and galleries of
materials that are not for sale, clubhouses, accessory cafeterias
and kitchens, and other similar uses;
(5)
Outdoor community service facilities and activities,
including fair grounds, community bulletin boards, and other similar
uses;
(6)
Indoor and outdoor swimming pools, including
related amenities like bathhouse, wading pools, spas, snack bars,
and other similar uses; and
(7)
Uses accessory to the above permitted uses,
including parking and loading spaces, signs, offices, rest rooms,
maintenance equipment storage areas and buildings, lights, waste receptacles
and dumpsters, bleachers and other similar uses.
PERSON
An individual, corporation, partnership, incorporator's association,
or any other similar entity.
PESTICIDE
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds, or other
forms of plant or animal life.
PETROLEUM PRODUCT
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
PLANNED CENTER
A development with more than one principal use permitted
within its respective zone that is designed and constructed to function
as one unit with integrated features, including, but not limited to,
shared off-street parking and loading, signage, vehicular access and
on-site traffic flow, stormwater management and other similar improvements.
Planned centers shall expressly prohibit retail sales uses totaling
more than 20,000 square feet of gross floor area, adult-related facilities,
and nightclubs.
[Added 10-1-2008 by Ord. No. 2008-03]
PLASMA
A video display technology that relies upon the electric
excitation of phosphors to emit light.
[Added 12-5-2007 by Ord. No. 2007-08]
POWER GENERATION FACILITIES
Except as permitted under the definition of "wind and solar
farm," a principal use devoted to the creation, storage, conversion,
distribution and transmission of electrical energy for use at another
location (e.g., fossil fuel plants, hydroelectric plants, waste-to-energy
plants, biofuel plants, methane plants, etc.).
[Added 6-19-2014 by Ord.
No. 2014-05]
PRECOMMERCIAL TIMBER STAND IMPROVEMENT
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand, but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, are too small,
or are otherwise of limited marketability or value.
PREMISES
The property upon which the activity is conducted as determined
by physical facts, rather than property lines. It is the land occupied
by the buildings or other physical uses that are necessary or customarily
incidental to the activity, including such open spaces as are arranged
and designed to be used in connection with such buildings or uses.
The following are not considered to be a part of the premises on which
the activity is conducted, and any signs located on such land are
to be considered off-premises advertising:
(1)
Any land which is not used as an integral part
of the principal activity, including land which is separated from
the activity by a roadway, highway or other obstruction, and not used
by the activity; and extensive, undeveloped highway frontage contiguous
to the land actually used by a commercial facility, even though it
might be under the same ownership.
(2)
Any land which is used for, or devoted to, a
separate purpose unrelated to the advertised activity.
(3)
Any land which is in closer proximity to the
highway than to the principal activity, and developed or used only
in the area of the sign site, or between the sign site and the principal
activity, and whose purpose is for advertising purposes only. In no
event shall a sign site be considered part of the premises on which
the advertised activity is conducted if the site is located on a narrow
strip of land which is nonbuildable land, or is a common or private
roadway, or is held by easement or other lesser interest than the
premises where the activity is located.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action on zoning-related matters.
PUBLIC MEETING
A forum held pursuant to notice under the Sunshine Act, 65
Pa.C.S.A. § 701 et seq., as amended.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the 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. Public notice
for rezoning, special exception, conditional use and/or variance requests
shall also include the posting of a sign at conspicuous locations
along the perimeter of the subject property deemed sufficient by the
Township to notify potentially interested citizens. These sign(s)
shall be posted at least one week prior to the hearing and will exhibit
the nature, date, time, and location of the hearing.
PUBLIC SEWER
A municipal sanitary sewer permitted by the Pennsylvania
Department of Environmental Protection. Such systems are capable of
serving multiple users.
PUBLIC UTILITIES
Use or extension thereof which is operated, owned or maintained
by a municipality or municipal authority; or which is privately owned
and requires a "certificate of convenience" approved by the Pennsylvania
Public Utility Commission for the purpose of providing public sewage
disposal and/or treatment; public water supply, storage and/or treatment;
or for the purpose of providing the transmission of energy or telephone
service.
PUBLIC WATER SYSTEM
A system for the provision to the public of water for human
consumption which has at least 15 service connections or regularly
serves an average of at least 25 individuals daily at least 60 days
out of the year. The term includes:
(1)
Any collection, treatment, storage, and distribution
facilities under control of the operator of such system and used in
connection with such system.
(2)
Any collection or pretreatment storage facilities
not under such control which are used in connection with such a system.
(3)
A system which provides water for bottling or
bulk hauling for human consumption.
RADIOACTIVE MATERIAL
Any natural or artificially produced substance which emits
radiation spontaneously.
RECREATIONAL VEHICLE
A portable structure, primarily designed to provide temporary
living quarters for recreation, camping or travel purposes. In addition
to the above, any of the following attributes are characteristic of
a travel trailer:
[Added 10-1-2008 by Ord. No. 2008-03]
(1)
The unit is of such size or weight as not to require a special
highway movement permit from the Pennsylvania Department of Transportation
when self-propelled, or when hauled by a standard motor vehicle on
a highway;
(2)
The unit is mounted or designed to be mounted on wheels;
(3)
The unit is designed to be loaded onto, or affixed to, the bed
and/or chassis of a truck;
(4)
The unit contains, or was designed to contain, temporary storage
of water and sewage; and
(5)
The unit contains some identification by the manufacturer as
a travel trailer.
RECYCLING
A reasonably continuous process by which materials recognized
by the Lancaster County Solid Waste Management Authority as being
recyclable are collected, sorted, cleaned, physically or chemically
altered, and distributed for reuse.
REGULATORY FLOOD ELEVATION
An elevation equal to one foot higher than the surface water
elevation associated with the one-hundred-year flood as defined herein.
RELATED EQUIPMENT
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 11-19-2015 by Ord.
No. 2015-04]
RENTAL
The temporary transferal of goods for compensation.
RESTAURANT
An establishment that serves prepared food primarily on nondisposable
tableware, but can provide for incidental carry-out service, so long
as the area used for carryout service does not exceed 5% of the total
patron seating area nor 80 square feet (whichever is less). Caterers
shall be included in this definition.
RESTAURANT, DRIVE-THROUGH OR FAST-FOOD
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off of the site.
RETAIL STORE/SALES
Retail stores are those businesses whose primary activities
involve the display and retail sales and/or rental of goods and products.
This term shall not include adult-related uses as defined herein.
[Amended 2-7-2007 by Ord. No. 2007-02]
RETAINING WALL
A man-made structure used to stably contain land at a location
of substantial elevation change.
[Added 10-18-2006 by Ord. No. 2006-08]
RIGHT-OF-WAY
A corridor of publicly owned land for purposes of maintaining
primary vehicular and pedestrian access to abutting properties, including,
but not limited to, roads, streets, highways and sidewalks.
RIPARIAN BUFFER
An area delineated along and generally parallel to a surface
water course in which naturally successive vegetation is allowed to
grow which offers environmental and ecological benefit.
[Added 6-19-2014 by Ord.
No. 2014-05]
ROOF ACCESS POINTS
Areas where ladders are not placed over openings (i.e., windows
or doors) and are located at strong points of building construction
and in locations where they will not conflict with overhead obstructions
(i.e., tree limbs, wires, or signs).
[Added 6-19-2014 by Ord.
No. 2014-05]
ROOF RIDGE
The highest axis or axes associated with adjacent roof surfaces.
[Added 6-19-2014 by Ord.
No. 2014-05]
RURAL OCCUPATION
An accessory business or commercial activity that is conducted
within an accessory structure of a principal single-family detached
dwelling.
SAFETY ACCESS CORRIDORS
Areas of unrestricted rooftop access located between roof-mounted
solar panels, the roof access points and the roof ridge.
[Added 6-19-2014 by Ord.
No. 2014-05]
SCHOOL
A principal use in which supervised education or instruction
is offered according to the following categories:
(1)
COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the public school district.
(2)
PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary, postgraduate, or any combination thereof, education that may, or may not, be operated as a gainful business.
(3)
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the School District.
(4)
(c)
Building construction and general contracting;
(g)
Electrical contracting; and
(h)
Other similar trades, as determined by the Zoning Hearing Board pursuant to §§
220-6 and
220-142E of this chapter.
SCREENING
An assemblage of materials that are arranged so as to block
the ground level views between grade and a height of six feet. Suitable
screening materials include trees, shrubs, hedges, berms, walls, sight-tight
fences, other similar type materials, or any combination thereof.
No wall or fence shall be constructed of plywood, corrugated metal
or fiberglass, nor sheet metal. Landscape screens must achieve the
required visual blockage within two years of installation.
SETBACK
The required horizontal distance between a setback line and
a property or street line.
(1)
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."
(2)
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
(3)
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
SETBACK LINE
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
SHADOW FLICKER
Alternating changes in light intensity caused by a moving
wind rotor blade casting shadows on the ground and stationary objects.
[Added 6-19-2014 by Ord.
No. 2014-05]
SHOOTING RANGE
A place where firearms and other projectile-type weapons
(e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows,
etc.) can be shot for recreation, competition, skill development,
training, or any combination thereof. Nothing within this definition
shall be construed to include hunting when conducted in accordance
with the rules and regulations of the Commonwealth of Pennsylvania.
SHOPPING CENTER
A development with at least one retail or wholesale store
with more than 20,000 square feet of gross floor area that is designed
and constructed to function as one unit with integrated features,
including but not limited to, shared off-street parking and loading,
signage, vehicular access and on-site traffic flow, stormwater management
and other similar improvements. Shopping centers shall expressly prohibit
adult-related facilities, nightclubs and off-track betting parlors.
[Amended 10-18-2006 by Ord. No. 2006-08; 10-1-2008 by Ord. No.
2008-03]
(1)
LOCAL SHOPPING CENTERA shopping center with between 20,000 square feet and 150,000 square feet of gross floor area that contains:
(a)
One store (automobile services and filling stations with a maximum
of eight fuel pumps are permitted as an accessory use); or
(b)
Two or more stores (automobile services and filling stations
with a maximum of eight fuel pumps are permitted as an accessory use),
offices, banks, retail services, restaurants, taverns, hotels, day-care
facilities, health and fitness clubs, theaters and auditoriums, or
any other use permitted within the (C-1) Zone.
(2)
(a)
One store (automobile services and filling stations with a maximum
of eight fuel pumps are permitted as an accessory use); or
(b)
Two or more stores (automobile services and filling stations
with a maximum of eight fuel pumps are permitted as an accessory use),
offices, banks, retail services, restaurants, taverns, hotels, day-care
facilities, health and fitness clubs, theaters and auditoriums, or
any other use permitted within the (C-2) Zone.
SIGN
A device for visual communication that is used to bring the
subject to the attention of the public, but not including lettering
or symbols that are an integral part of another structure, or flags
or other insignia of any government, fraternal, or similar organization.
SITE
An area of land and/or water upon which a use or development
is proposed.
SKIDDING
The dragging of felled trees on the ground from the stump
to the landing by any means.
SLASH
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
and shrubs.
SLDO
The latest version of the Township's Subdivision and Land
Development Ordinance, as may be amended.
SOIL SURVEY
The latest published version of the United States Department
of Agriculture's soil survey for Lancaster County, Pennsylvania.
SOLAR ACCESS
Direct exposure to sunlight in sufficient intensity and duration
to make practical use of one or more solar panels.
[Added 6-19-2014 by Ord.
No. 2014-05]
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) derived
from the sun.
[Added 6-19-2014 by Ord.
No. 2014-05]
SOLAR ENERGY SYSTEM
An energy conversion system or device, including any structural
design features and all appurtenances and parts thereof, whose primary
purpose is to provide for the collection, storage and distribution
of solar energy for space heating or cooling, for water heating and/or
for electricity.
[Added 6-19-2014 by Ord.
No. 2014-05]
SOLAR PANEL (MODULE)
That part or portion of a solar energy system containing
one or more receptive cells or units, the purpose of which is to convert
solar energy for use in space heating or cooling, for water heating
and/or for electricity.
[Added 6-19-2014 by Ord.
No. 2014-05]
SOLAR PANEL STANDOFFS
Supportive hardware that is used to affix and raise solar
panels on a sloped roof.
[Added 6-19-2014 by Ord.
No. 2014-05]
SOLAR SHINGLES
A solar energy system that approximates and/or replaces a
roof surface.
[Added 6-19-2014 by Ord.
No. 2014-05]
SOLID WASTE
Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural, and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials, as defined in the Code of Federal Regulations, Title 40, Chapter
1, Part 261, dated July 1, 1984, or as amended.
SPECIAL EXCEPTION
A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with §
220-142C of this chapter.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, female breasts below a point immediately
above the top of areolas, and/or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
For the purposes of this chapter, this term shall include
any of the following:
(1)
Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation or torture
in the context of a sexual relationship, or the use of excretory functions
in the context of a sexual relationship, and any of the following
depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia,
piquerism, sapphism, zooerasty; or
(2)
Clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence; or
(3)
Use of human or animal masturbation, sodomy,
oral copulation, coitus, ejaculation; or
(4)
Fondling or touching of nude human genitals,
pubic region, buttocks or female breast; or
(5)
Masochism, erotic or sexually oriented torture,
beating, or the infliction of pain; or
(6)
Erotic or lewd touching, fondling or other contact
with an animal by a human being; or
(7)
Human excretion, urination, menstruation, vaginal
or anal irrigation.
STAND
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas 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 antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 11-19-2015 by Ord.
No. 2015-04]
STOREFRONT
That facade of an individual principal use within a shopping
center or a planned center that contains the principal entrance into
which patrons enter.
[Added 10-1-2008 by Ord. No. 2008-03]
STREAM
Any natural or man-made channel of conveyance of surface
water with an annual or intermittent flow within a defined bed and
bank.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
lane, viaduct, and any other dedicated and adopted public right-of-way
used, or intended to be used, by vehicular traffic and/or pedestrians.
STREET CENTER LINE
The horizontal line paralleling the street that bisects the
street right-of-way into two equal widths. In those instances where
the street right-of-way cannot be determined, the street center line
shall correspond to the center of the cartway.
STREET LINE (RIGHT-OF-WAY LINE)
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence.
STRUCTURE
(1)
Any man-made object, including buildings, having
an ascertainable stationary location on or in land or water, whether
or not affixed to the land.
(a)
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.). However, for the purpose of establishing setbacks, any accessory building larger than 720 square feet shall comply with principal structure setbacks.
(2)
Structures shall not include such things as
fences, sandboxes, decorative fountains, swingsets, birdhouses, birdfeeders,
mailboxes, and any other similar nonpermanent improvements.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure, either (a) before the improvement or repair is started,
or (b) if the structure has been damaged, and is being restored, before
the damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of
the structure.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
(1)
For tower-based WCFs outside the public rights-of-way, it increases
the height of the facility 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; for tower-based
WCFs in the rights-of-way, it increases the height of the facility
by more than 10% or 10 feet, whichever is greater;
(2)
For tower-based WCFs outside the public rights-of-way, it protrudes
from the edge of the WCF by more than 20 feet, or more than the width
of the tower-based structures at the level of the appurtenance, whichever
is greater; for those tower-based WCFs in the public rights-of-way,
it protrudes from the edge of the structure by more than six feet;
(3)
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
(4)
It entails any excavation or deployment outside the current
site of the tower-based WCF; or
(5)
It does not comply with conditions associated with prior approval
of construction or modification of the tower-based WCF unless the
noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
[Added 11-19-2015 by Ord.
No. 2015-04]
SWIMMING POOL
Any pool, not located within a completely enclosed building,
and containing, or normally capable of containing, water to a depth
at any point greater than 1 1/2 feet. Farm ponds and/or lakes
are not included, provided that swimming was not the primary purpose
for their construction.
TAVERN
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food, but no live entertainment
shall be permitted more than three times per week.
TIMBER HARVESTING or TREE HARVESTING
A forestry operation that involves cutting down of trees
and removing logs from the forest for the primary purpose of sale
or commercial processing into wood, wood-related or paper products.
TMDL
Total maximum daily load.
[Added 6-19-2014 by Ord.
No. 2014-05]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, 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 11-19-2015 by Ord.
No. 2015-04]
TOWNSHIP
The Township of East Cocalico, Lancaster County, a Pennsylvania
municipality, acting by and through its Board of Supervisors or, in
appropriate cases, acting by and through its authorized representatives.
TRAVEL TRAILER
A portable structure, primarily designed to provide temporary
living quarters for recreation, camping or travel purposes. In addition
to the above, any of the following attributes are characteristic of
a travel trailer:
(1)
The unit is of such size or weight as not to
require a special highway movement permit from the Pennsylvania Department
of Transportation when self-propelled, or when hauled by a standard
motor vehicle on a highway;
(2)
The unit is mounted or designed to be mounted
on wheels;
(3)
The unit is designed to be loaded onto, or affixed
to, the bed and/or chassis of a truck;
(4)
The unit contains, or was designed to contain,
temporary storage of water and sewage; and
(5)
The unit contains some identification by the
manufacturer as a travel trailer.
TREE TOP
The upper portion of a felled tree that is not merchantable
because of small size, taper or defect.
TURBINE HEIGHT
The distance measured from the mean level of the ground abutting
the tower foundation upon which the wind turbine is attached to the
highest point of the turbine rotor blades at their highest point of
rotation or the highest point of any feature of the turbine at its
maximum distance from the abutting ground, whichever is the highest
point.
[Added 6-19-2014 by Ord.
No. 2014-05]
TWO-FAMILY CONVERSIONS
The conversion of an existing single-family detached dwelling
unit to contain two separate dwelling units.
UNDERGROUND INJECTION WELL
A bored, drilled, driven, or dug well for the emplacement
of fluids into the ground (except drilling muds and similar materials
used in well construction).
UNIFORMITY RATIO
A measurement that compares the brightest single location
with the darkest single location, upon the face of a sign or some
other designated surface.
[Added 12-5-2007 by Ord. No. 2007-08]
USE
The specific purpose for which land or a structure is designed,
arranged, intended, occupied, or maintained.
(1)
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
USE AND OCCUPANCY PERMIT
A permit issued by the Zoning Officer certifying a use's
compliance with information reflected on the zoning permit and this
chapter.
[Amended 10-1-2008 by Ord. No. 2008-03]
VARIANCE
A modification of any provision of this chapter granted by
the Zoning Hearing Board subject to findings specified by the Act.
VETERINARIAN'S OFFICE
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits, and birds or
fowl. No outdoor boarding of animals is permitted.
WATERCOURSE
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake, or other body of surface water carrying
or holding surface water whether natural or artificial.
WATERSHED
All the land from which water drains into a particular watercourse.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 11-19-2015 by Ord.
No. 2015-04]
WECS UNIT
Shall include blades, hubs to which blades are attached,
and any device, such as a tower, used to support the hub and/or rotary
blades, etc.
WETLANDS
Those areas that are inundated or saturated by surface water
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, including
swamps, marshes, bogs, and similar areas, and which shall be identified
using the Northeast and North Central Regional Supplement (2012) to
the 1987 Corps of Engineers Wetlands Delineation Manual.
[Added 6-19-2014 by Ord.
No. 2014-05]
WIND AND/OR SOLAR FARM
A principal use devoted to the generation of electrical energy
for consumption elsewhere by means of solar panels and/or wind energy
conversion systems.
[Added 6-19-2014 by Ord.
No. 2014-05]
WIND AND/OR SOLAR FARM OPERATOR
That person or entity responsible for the day-to-day operation
of the wind and solar farm.
[Added 6-19-2014 by Ord.
No. 2014-05]
WIND AND/OR SOLAR FARM OWNER
That person or entity having legal or equitable interest
in the wind and solar farm.
[Added 6-19-2014 by Ord.
No. 2014-05]
WIND FARM OPERATOR
That person or entity responsible for the day-to-day operation
of the wind farm.
[Added 6-19-2014 by Ord.
No. 2014-05]
WIND FARM OWNER
That person or entity having legal or equitable interest
in the wind farm.
[Added 6-19-2014 by Ord.
No. 2014-05]
WIND TURBINE
Any device which converts wind energy to mechanical or electrical
energy.
[Added 6-19-2014 by Ord.
No. 2014-05]
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 11-19-2015 by Ord.
No. 2015-04]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 11-19-2015 by Ord.
No. 2015-04]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility, water tower, or any other support structure
that is primarily constructed to support the placement or installation
of a wireless communications facility.
[Added 11-19-2015 by Ord.
No. 2015-04]
WORSHIP RETREAT CAMP
A principal use that combines campgrounds, summer camps,
lodging, dining, parks and recreation, trails, civic and worship-related
uses along with accessory offices, dwellings and administration uses
devoted solely to operating the retreat camp, all located in a predominately
natural setting.
YARD
An area between the permitted structures and the property
lines.
(1)
YARD, FRONTThe area contained between the street right-of-way line and the principal structure. For flag lots, the front yard shall include the flagpole plus that area between the principal structure and that property line which is most parallel to the street that provides access and is not part of the flagpole.
(2)
YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard.
(3)
YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s). For flag lots, the side yards shall be the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure.
ZONING
The designation of specified districts within a community
or township, reserving them for certain uses together with limitations
on lot size, heights of structures and other stipulated requirements.
ZONING OFFICER
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
ZONING PERMIT
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
to be located.
[Amended 10-1-2008 by Ord. No. 2008-03]