Township of East Cocalico, PA Background Provisions

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter in the electronic version of the Code and in a pocket at the end of the paper volume.

Word usage. Words and phrases shall be presumed to be used in their ordinary context, unless such word or phrase is defined differently within this section.

Language interpretation. In interpreting this chapter:

(1)

Words in the present tense imply also the future tense;

(2)

The singular includes the plural;

(3)

The male gender includes the female gender;

(4)

The word "person" includes a partnership or corporation as well as an individual; and

(5)

The term "shall" or "must" is always mandatory.

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.[1]

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 PARKING COMPOUND

See definition of "parking compound."

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.

AUTOMOBILE STORAGE COMPOUND

A use whereby passenger vehicles are stored awaiting transport to a different location.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD ELEVATION

The projected flood height of the base 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.

(1)

DETACHEDA building which has no party wall.

(2)

SEMIDETACHEDA building which has only one party wall in common.

(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.)[2]

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.[3]

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 KEEPING AND HANDLING

Producing and/or maintaining with the express purpose and intent of selling the product for a livelihood.

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.[4]

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;

(3)

Amusement arcades;

(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.

FARM-RELATED BUSINESS

A principal use that contributes to the local agricultural economy.

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.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, etc.

FIVE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 500 years.

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.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/take off and be stored.

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;

(2)

Slopes exceeding 15%;

(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.

MOBILE HOME STAND (MANUFACTURED HOME STAND)

A concrete pad used to anchor a mobile home within a mobile home park including all necessary utility connections.

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
	Galega officinalis, commonly known as goatsrue

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]

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding and dining associated with some level of nursing care.

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.

ONE-HUNDRED-YEAR FLOOD ELEVATION

The water surface elevations of the one-hundred-year flood.

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.

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)

(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)

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]

(1)

LOCAL PLANNED CENTERA planned center with up to 60,000 square feet of gross floor area.

(2)

REGIONAL PLANNED CENTERA planned center with more than 60,000 square feet of gross floor area.

PLANNING COMMISSION

The Planning Commission of East Cocalico Township.

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.[5]

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)

VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

(a)

Truck driving;

(b)

Engine repairs;

(c)

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

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)

REGIONAL SHOPPING CENTERA shopping center with more than 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)

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.[6]

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.

(b)

STRUCTURE, PRINCIPALA structure associated with a primary use.

(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

(1)

(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.

(2)

USE, PRINCIPALThe main or primary use of property or structures.

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.

VOCATIONAL-MECHANICAL TRADE SCHOOL

An educational use that offers training of the following occupations:

(1)

Truck driving;

(2)

Engine repairs;

(3)

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

(8)

Other similar trades.

WAREHOUSING AND WHOLESALE TRADE ESTABLISHMENTS

A principal use where goods, products and/or materials are stored waiting further processing, delivery and/or distribution.

[Added 9-20-2018 by Ord. No. 2018-03]

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.

WELLHEAD PROTECTION OVERLAY ZONES

Those areas delineated on the Official Zoning Map and as set forth in § 220-27D(2) of this chapter.

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 ENERGY CONVERSION SYSTEM (WECS)

Any device which converts wind energy to mechanical or electrical energy.

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 APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

[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]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor’s Note: The former definition of "building permit," which immediately followed this definition, was amended 10-1-2008 by Ord. No. 2008-03. See now the definition of "zoning permit."

[3]

Editor's Note: The former definition of "cell site antenna," which immediately followed this definition, was repealed 11-19-2015 by Ord. No. 2015-04.

[4]

Editor's Note: The former definition of "communication tower," which immediately followed this definition, was repealed 11-19-2015 by Ord. No. 2015-04.

[5]

Editor's Note: The former definition of "satellite dish antenna," which immediately followed this definition, was repealed 11-19-2015 by Ord. No. 2015-04.

[6]

Editor's Note: See Ch. 194, Subdivision and Land Development.