In this chapter, the following rules of interpretation shall be used:
The word "lot" includes the word "plot" or "parcel" or "tract."
Words in the present tense may imply the future tense.
Words used as singular imply the plural.
The masculine gender includes the feminine and neuter genders.
The word "shall" is to be interpreted as mandatory; the word "may" as directory.
References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials of the Township of Mount Joy or the Commonwealth of Pennsylvania as in effect or office from time to time, including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.
Unless otherwise stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this section:
- ACCESS DRIVE
- An improved cartway designed and constructed to provide for vehicular movement between a public road and a lot containing any use other than a single dwelling unit or a farm.
- ACTIVE-ADULT COMMUNITY
- An age restricted (55+) residential development that contains a variety of housing types such as single-family detached, single-family semidetached, townhouses and apartment houses. Such developments are intended to preserve the predominant character of established neighborhoods and protect residential and/or rural areas from encroachment by potentially incompatible nonresidential uses.
- ADAPTIVE USE (REUSE)
- The process of converting a building to a use other than that for which it was designed.
- ADULT-ORIENTED BUSINESS
- A business or club which engages in one or more of the following areas of sales, services or entertainment:
- (1) Which has a substantial or significant portion of its stock-in-trade consisting of the following items:
- (a) Books, magazines or other periodicals, films or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas.
- (b) Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct.
- (2) 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, with or without sound, where the images so displayed are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas.
- (1) Presenting any form of audio and/or visual material and in which a substantial portion of the total presentation time measured over any consecutive twelve-month period is or will be devoted to the showing of material which is distinguished or characterized by an emphasis on depiction, description or display of sexual activities or uncovered male or female genital areas; or
- (2) Featuring live performances on a regular basis which are distinguished or characterized by emphasis on depiction, description or display of sexual activities or by exposure of uncovered male or female genital areas for observation by patrons.
- The use of land for farming, dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce and equipment for housing and feeding the animals and housing the equipment. The use of land for a dwelling site is not an agricultural purpose.
- AGRITOURISM ENTERPRISE
- Activities conducted on and accessory to a working farm and offered to the public or invited groups for the purpose of recreation, education, or active involvement in the farm operation. These activities must be directly related to agricultural or natural resources and incidental to the primary operation of the farm.
- AGRITOURISM SPECIAL EVENT, FAIRS AND FESTIVALS
- Any organized event that is planned to occur within the Township as part of an approved agritourism enterprise, that will result in either: a) the assemblage of 150 or more persons; or b) the arrival of 40 or more vehicles at the location of the event, whether held on private property, public property, or public roads.
- An area of land or water which is used, or intended to be used, for airport building of air navigation facilities or rights-of-way, together with airport buildings and facilities thereon. When the term "airport" is used in § 135-303, the term shall be interpreted as a reference to the Harrisburg International Airport.
- AIRPORT ELEVATION
- The highest point of an airport's usable landing area measured in feet from sea level.
- A minor right-of-way privately or publicly owned, primarily for service access to the back or sides of properties.
- ALTERATIONS TO BUILDINGS
- Alterations to a building shall be any exterior structural addition to a building or any change in the supporting members of a building structure, such as bearing walls, columns, beams or girders, joists or rafters or enclosing walls, or any renovation to a building which would change its use classification. For the purposes of this chapter, alterations shall also include changes to the exterior building façade, signage, lighting, building elevations and other similar improvements that would require a review for compliance with this chapter.
- AMATEUR RADIO ANTENNA
- The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves by an amateur radio station.
- AMATEUR RADIO ANTENNA SUPPORT STRUCTURE
- Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an amateur radio antenna or antennas.
- AMATEUR RADIO OPERATOR
- A person named in an amateur operator/primary license station grant on the ULS consolidated licensee database of the Federal Communications Commission to be the control operator of an amateur radio station.
- AMATEUR RADIO STATION
- A station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications. For the purpose of this definition, amateur radio service is radio communication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.
- AMUSEMENT ARCADE
- A commercial recreational activity which provides as a principal use, amusement devices and/or games of skill or chance (e.g., video games, skeeball, electronic or water firing ranges, pinball machines and similar devices). This definition does not include the use of two or less such devices as an accessory use to another type of commercial recreation activity as defined by this section.
- AMUSEMENT PARK
- An area used principally as a permanent location of a commercially operated enterprise that offers entertainment, attractions, refreshments and amusement rides for the purpose of giving its guests amusement, pleasure, thrills or excitement. Such uses may include a theme park, zoo or water park.
- ANAEROBIC DIGESTION
- The process in which microorganisms in the absence of oxygen convert energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas.
- ANIMAL ADOPTION CENTER
- A place where stray, lost, abandoned or surrendered animals,
principally dogs and cats, are brought. An animal adoption center
may provide a temporary home for such animals. An animal rescue facility
shall be considered an animal adoption center if more than four dogs
or cats that are older than six months are maintained on a property
for a period of greater than 24 hours in any calendar year.[Added 8-15-2016 by Ord. No. 305-2016]
- APARTMENT HOUSE
- See "dwelling."
- APPROACH SURFACE
- A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in § 135-303D. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
- An individual with a degree from a recognized university and registered in the Commonwealth of Pennsylvania in the profession of design and construction of buildings and structures.
- The art/science of building design and construction; a method or style of building; the product of construction; the recognizable features for any kind of structure; the materials and methods used to produce a structure.
- The Elizabethtown Regional Sewer Authority (ERSA), Elizabethtown Area Water Authority (EAWA) or any successor thereto, or other governing entity over public water or public sewer facilities.
- Any area of the building having its floor below ground level on all sides.
- An owner-occupied single-family detached dwelling where not more than four bedrooms are rented to overnight guests on a daily basis for periods not exceeding one week.
- An accessory use to a single-family dwelling, in which bees are raised and/or kept in compliance with § 135-302D.
- A sign upon which images and/or messages of any kind are 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, or to disseminate other messages.
- A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of an anaerobic digestion process.
- A building or portion thereof arranged or used for sheltering or feeding, or both, for compensation, more than five but not more than 10 individuals.
- BOARD OF SUPERVISORS
- The Mount Joy Township Board of Supervisors.
- See "landscape screen."
- Any enclosed or open structure, other than a boundary wall, boundary fence or farm fence, occupying more than 16 square feet of area and/or having a roof supported by columns, piers or walls; any addition to an existing nonresidential building occupying more than 16 square feet.
- BUILDING, ACCESSORY
- A building that houses an accessory use which is clearly incidental and subordinate to the principal use on a lot and which is located on the same lot as the principal building.
- BUILDING AREA
- The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces and steps.
- BUILDING CODE OFFICIAL
- The person designated by the Township to enforce the rules and regulations that govern the design and construction of buildings in the Township.
- BUILDING COVERAGE
- The ratio of the area of all portions of a lot covered by buildings to the total area of the lot, excluding any portions of the lot within the street right-of-way.
- BUILDING HEIGHT
- The height of a building in all districts shall be measured from the average ground level at the corners of the building to the highest point of the roof, provided that chimneys, spires, towers and elevator penthouses, tanks and other similar projections shall not be included in calculating the height.
- BUILDING, PRINCIPAL
- A building that houses the principal use of a lot.
- BUILDING SETBACK LINE
- A line within a property defining the required minimum distance between any building and the adjacent right-of-way line or property line. For the purpose of determining minimum lot width, the building setback line shall be the line measured from the street right-of-way.
- BUILDING SIGN
- A sign attached to or painted on a building or attached to an awning or canopy that is either attached to a building or is a freestanding structure, including, but not limited to, awnings that provide shelter over fuel pumps or drive-through facilities. This term includes wall signs and roof signs. A window sign shall also be regulated as a building sign, except as provided in the definition of "window sign" below.
- BUSINESS, COMMERCIAL OR INDUSTRIAL SIGN
- A sign that directs attention to any business, professional, commercial or industrial activity occurring on the premises on which the sign is located, but not including a home occupation sign.
- A small restaurant, coffeehouse, or tearoom, excluding a tavern, adult-oriented business and/or nightclub-type use, which typically contains an area of exterior seating that is under constant supervision by an employee of the business.
- A lot or tract or ground, which shall be a minimum of five acres in size, on which may be placed tents, campers, motor homes, travel trailers or manufactured homes which do not exceed 320 square feet in floor area, where persons or families may live on a temporary basis for a time period which shall not exceed 181 days in any one calendar year.
- The amount of light that will illuminate a surface one foot distant from a light source to an intensity of one footcandle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminaire.
- An unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is accessory.
- Land or buildings used for the burial of three or more deceased noncremated humans. A crematorium shall only be permitted if such is specifically stated.
- CENTER SIGN
- A business sign that provides identification at the entrance to a planned center, such as a shopping center, industrial park, or office park.
- CHILDREN'S HOME
- A building that is operated by an institution or nonprofit organization for the purpose of providing living and sleeping quarters for children, such as an orphanage or similar use.
- CLEAN WOOD
- Natural, dry wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
- COMMERCIAL COMMUNICATIONS ANTENNA
- Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
- COMMERCIAL COMMUNICATIONS ANTENNA SITE
- An area, which may or may not coincide with a lot of record, on which a commercial communications antenna and associated facilities are installed.
- COMMERCIAL DISTRICT
- Shall refer to the C-1, C-2, MU and IN Zoning Districts.[Amended 3-16-2015 by Ord. No. 293-2015]
- COMMERCIAL KEEPING AND HANDLING
- Producing and/or maintaining with the express purpose and intent of selling the product for a livelihood.
- COMMERCIAL VILLAGE
- A group of buildings that are designed to contain smaller commercial retail uses and/or professional offices at a form and scale compatible to the neighborhood it will serve. The buildings are intended to perform as an individual community or neighborhood that will serve the needs of the residents of the Township as well as those that pass by.
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.
- COMMUNITY CENTER
- A place of gathering for social events, meetings, educational courses, recreational purposes or similar events. A community center may be constructed as part of a residential neighborhood, in which case such center may be privately held by a homeowners association or similar entity, or a community center may be constructed outside of a residential neighborhood intended for public use in which case the center may be operated by a public or private entity.
- COMMUNITY SEWAGE SYSTEM
- A sewage disposal system, other than a public sewer system, which provides sewage disposal for two or more units of occupancy and which shall comply with all applicable regulations of the Department of Environmental Protection or other regulatory agency.
- COMMUNITY WATER SUPPLY SYSTEM
- A water supply system, other than a public water system, providing water for more than two units of occupancy, which shall comply with all applicable regulations of the Department of Environmental Protection or other regulatory agency.
- COMPREHENSIVE PLAN
- The Regional Strategic Plan of Elizabethtown Borough, and Conoy, Mount Joy and West Donegal Townships, as adopted in 2010 by the Mount Joy Township Board of Supervisors by Resolution No. 6-2010, and any amendments made hereafter.
- CONDITIONAL USE
- Permission or approval granted to an applicant pursuant to this chapter to use land in a zoning district for a purpose so authorized in the district. Uses permitted by conditional use are specifically stated herein and shall be permitted only under the terms, procedures and conditions prescribed in this chapter. Conditional uses are granted or denied by the Board of Supervisors in accordance with the procedures set forth in this chapter and in the Municipalities Planning Code. The burden of proof in all requests for conditional uses shall be upon the applicant to establish compliance with all requirements of this chapter pertaining to the grant of a conditional use and all provisions applicable thereto.
- 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 the others.
- CONFERENCE CENTER
- A building and/or land which contains rooms for the gathering of persons suitable for meetings, lectures, presentations and similar activities. A conference center shall not include overnight lodging facilities. If overnight lodging facilities are located on the same tract, such overnight lodging facilities shall be considered a separate use.
- CONICAL SURFACE
- A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
- CONSERVATION PLAN
- A plan that identifies conservation practices and includes site specific Best Management Practices (BMPs) for agricultural plowing or tilling activities and animal heavy use areas in accordance with the regulations of 25 Pa. Code Chapter 102, and any revisions made hereafter.
- The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
- Lots which have the same ownership, which share a common property line or, when property lines do not extend to the center line of a street, which would share a common property line if property lines extended to the center of the street separating such lots.
- A business operation or sole individual that contracts to supply certain materials or do certain work for a stipulated sum and is generally in the building trade industry.
- CONTRACTOR, ARCHITECT, MECHANIC, AND ARTISAN SIGN
- A temporary sign that carries the name and information about a contractor who is involved in construction, renovation, or alteration work occurring on the premises on which the sign is located.
- CONVENIENCE STORE
- A retail sales business which specializes in providing household products, prepackaged or prepared food, nonalcoholic beverages and tobacco products. Convenience stores may also include various dispensing machines, such as videos, candy, nonalcoholic beverages and cash automated teller machines. The sale of alcoholic beverages may be permitted upon demonstration of compliance with approved methods of the PA Liquor Control Board. Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for a vehicular fueling station (as defined herein) have been obtained. Convenience stores shall not include vehicular washing facilities (as defined herein) unless the appropriate approvals have been obtained.
- CONVENTION CENTER
- An assemblage of uses that provide for a setting where indoor and outdoor exhibits and activities serve various business, entertainment, and recreational gatherings. This use can also include related lodging facilities in a hotel-type setting, as defined herein, commercial recreation facilities, restaurants and retail uses. Convention centers shall not include an adult-oriented business or nightclub-type use.
- The point at which all light rays emitted by a lamp or luminaire are eliminated (cutoff) at a specific angle above ground.
- CUTOFF ANGLE
- The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
- CUTOFF-TYPE LUMINAIRE
- A luminaire with elements such as shields, reflectors, or refractors, or refractor panels which direct and cut off the light at a cutoff angle that is less than 90°.
- DAY CARE
- All day-care facilities as described below shall comply with
the specifications, standards, and licenses of the Pennsylvania Department
of Welfare and any other jurisdictional agency over such facility;
evidence of compliance with the aforementioned shall be provided prior
to issuance of a zoning permit:[Amended 1-6-2014 by Ord. No. 284-2014]
- A small restaurant that serves prepared cooked meats, sandwiches, salads, cheeses and similar items. This shall not include a tavern, adult-oriented business, or nightclub use.
- DEMOLITION BY NEGLECT
- The absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building to structure.
- DEMOLITION or DEMOLISH
- To tear down, raze, destroy, do away with.
- The number of dwelling units permitted in relation to the gross area of the site, exclusive of the existing perimeter or public or private streets' rights-of-way and areas within the identified floodplain area as established in accordance with Chapter 70, Floodplains. "Density" may also refer to the amount of floor area of a nonresidential development that is permitted in relation to the gross land area of the development lot.[Amended 3-16-2015 by Ord. No. 293-2015; 3-21-2016 by Ord. No. 299-2016]
- The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
- DESIGNATED GROWTH AREA (DGA)
- An area that is designated as appropriate for future development and includes the developed portions of the Township and development capacity meets future land use needs. Designated growth areas are given official standing by their incorporation on future land use maps and through the adoption of the Comprehensive Plan.
- Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
- DEVELOPMENTAL DISABILITY
- A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:
- A. Attributable to mental retardation, cerebral palsy, epilepsy or autism.
- B. Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.
- DEVELOPMENTALLY DISABLED PERSON
- A person with a developmental disability.
- DEVELOPMENT TRACT
- This term may refer to a lot that is to be part of a proposed
land development or in the following specific references:[Amended 3-16-2015 by Ord. No. 293-2015]
- A. The land, which may be comprised of one or more lots, within the Mixed Use District (MU) which is proposed to be developed as a single, unified development in accordance with the provisions of Article XV of this chapter;
- B. The land, within the Light Industrial District (LI), which is proposed to be developed as a single, unified development in accordance with the provisions of Article XVII of this chapter;
- C. The land, within the Institutional District (IN), which is proposed to be developed as a single, unified development in accordance with the provisions of Article XX of this chapter;
- D. The land, which may be comprised of one or more lots, which is proposed to be developed as a single, unified health care village in accordance with the provisions of § 135-273;
- E. The land, which may be comprised of one or more lots, within the R-2 and/or the R-3 Zoning District, which is proposed to be developed a single, unified village design option development in accordance with the provisions of § 135-353;
- F. The land, which may be comprised of one or more lots, within the R-1 and/or MU Zoning District, which is proposed to be developed as part of the active-adult community design option in accordance with the provisions of § 135-352.
- DIRECTIONAL SIGN
- An off-premises sign providing direction to a property that is scheduled for an open house or for sale, lease or rent or a sign providing direction to a special event, garage/yard sale, or business.
- DIRECT LIGHT
- Light actually seen coming straight from the lamp, reflector, or reflector diffuser in the luminaire.
- When used in this chapter to reference industrial uses, distribution shall refer to a process whereby materials, goods or products are imported or stored by one person and then delivered to another.
- DOMESTIC PETS
- Animals or birds, including but not limited to dogs and cats, that are locally available for purchase as pets and are an accessory to a residential use. Domestic pets shall not include farm animals, such as cows, sheep, goats, chickens and pigs, and shall not include animals or birds defined as wild animals or wild birds (other than those locally available for purchase as pets) by the Game and Wildlife Code, 34 Pa.C.S.A. § 102. Domestic pets shall not include reptiles, such as snakes, which are not indigenous to the Township.
- A building or hall that provides sleeping quarters for students of a public or private school.
- DRIVE-THROUGH FACILITIES
- Facilities that enable drive-through pick up of goods or services at a retail store (i.e., pharmacies and convenience stores to name a few examples), drive-through restaurant or financial institution. Drive-through facilities shall be designed in accordance with § 135-255.
- 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.
- A. A building permanently erected on and attached to a foundation, having a fixed location on the ground and used as the living quarters for one or more families for a continuous period of 30 or more days, which building when so erected and attached shall, in the normal frame of reference, be immobile. Hospitals, hotels, motels, dormitories, boardinghouses, institutional uses, and the like, offering overnight accommodations for guests, students or patients, or any structure occupied for a continuous period of less than 30 days, shall not be considered dwellings within the meaning of this chapter.
- B. In order to be considered a dwelling for the purposes of this chapter, the building shall comply with all of the following requirements: the dwelling shall be placed on a permanent foundation; the dwelling building shall be attached to the foundation wall by anchor bolts or similar attachments approved by the Zoning Officer as contrasted with the mere setting of the dwelling building on the foundation wall system; in the event that the dwelling building was formerly a manufactured home, the entire running gear, as contrasted with just the wheels, shall be removed; and any towing hitch shall be removed from the dwelling building. If the dwelling building was formerly a manufactured home, the permanent foundation shall be constructed in accordance with the following:
- (1) A manufactured home without a basement shall be placed upon pillars constructed of ten-inch or larger concrete block with anchor bolts or devices installed at the top of each pillar for tie-down purposes. The pillars shall be constructed immediately beneath the frame rails and shall be of such number and spaced so as to ensure here and below equal distribution of the weight placed thereon. Footings shall be placed beneath each pillar, which shall be 24 inches long by 24 inches wide and 10 inches in thickness. A perimeter masonry wall shall be installed, constructed of six-inch or larger concrete block. A footing shall be placed beneath the perimeter masonry wall, the width of which shall be three times the thickness of the concrete masonry unit utilized and shall be a minimum of 10 inches in thickness. The footing shall be a minimum of 36 inches below finished exterior grade. This perimeter masonry wall is not intended to be a load-bearing wall.
- (2) A manufactured home with a basement shall be placed upon a perimeter masonry wall, constructed of ten-inch or greater concrete block. Steel I-beams shall be installed at the top of the perimeter masonry wall, perpendicular to and immediately beneath the frame rails. The steel I-beams utilized shall be of sufficient size and number so as to ensure equal distribution of the weight placed thereon. A footing shall be placed beneath the perimeter masonry wall, which shall be a minimum of 24 inches in width and 10 inches in thickness. The footing shall be a minimum of 36 inches below finished exterior grade. The manufactured home shall have two tie-down bolts or devices installed at or on each steel I-beam.
- C. Dwellings shall be classified as follows:
[Amended 4-17-2017 by Ord. No. 312-2017]
- DWELLING UNIT
- Any structure or part thereof designed to be occupied as
living quarters for a single housekeeping unit for a continuous period
of 30 or more days. It is the intention of the Township that any occupancy
which is subject to the Lancaster County Room Tax established by Lancaster
County Ordinances 45 and 46, or any successor ordinances, except a
bed-and-breakfast established as defined herein, shall not be considered
a dwelling unit.[Amended 4-17-2017 by Ord. No. 312-2017]
- DYNAMIC DISPLAY or DYNAMIC DISPLAY SIGN
- Any business, commercial or industrial sign and/or billboard or portion of a sign and/or billboard that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. This definition shall not include electronic message display signs that repetitively indicate time, temperature and date, to other text or scrolling text message signs and to vehicular service station signs that digitally display current fuel prices.
- EARTHMOVING ACTIVITIES
- Any construction or other activity 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, excluding the tilling of soil for agricultural purposes.
- ECHO HOUSING
- An additional dwelling unit created by the addition to or conversion of an existing principal dwelling or by the placement of a manufactured home on a property containing an existing dwelling, for occupancy by persons related by blood, marriage or adoption to the occupants of the principal dwelling.
- A measurement used to compare light output to the power consumed to operate the lamp.
- ELECTION SIGN
- A sign which directs attention to a candidate for public office, a political party or ballot issue. (See also "issue sign.")
- ELECTRONIC MESSAGE CENTER SIGN
- An electronic business, commercial or industrial sign that displays time, temperature or current sales or events related to the business activity occurring on the premises. Electronic message center signs shall only consist of text-type messages and shall not be permitted to contain graphics, pictures or any other animated displays.
- EMERGENCY SERVICES
- Fire, ambulance, rescue and other emergency services of a municipal or volunteer nature.
- ENVIRONMENTALLY SIGNIFICANT OR SENSITIVE AREAS
- An area of land including steep slopes, wetlands, floodplains, restricted soils, forest stands, and/or specimen of trees with a caliper of eight inches or greater.
- EXTERIOR FEATURES
- The architectural style, design and general arrangement of the various parts of a building, structure or object. This may include the color, nature and texture of building materials, and the type of style of all windows and doors, ornamental applications, etc.
- One or more individuals related by blood, marriage or adoption (including persons receiving foster care) that maintain one common household unit and live within one dwelling unit, or up to four unrelated individuals who maintain a common household and live within one dwelling unit. A family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein. It is the express intent of the Township to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
- Any parcel of land which is used for agricultural purposes including the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures, a single-family detached dwelling and the storage of equipment customarily incidental to the primary use.
- FARM PRODUCT SIGN
- A temporary sign advertising the sale of farm products, such as produce, flowers or other agricultural commodity sold at a temporary or seasonal farmer's stand.
- FARM-RELATED BUSINESS
- A low intensity commercial activity that functions as customary accessory use to an on-site farm. Farm-related businesses are intended to provide supplemental income to farmers to encourage the continuation of farming and to provide needed services to other farmers. Such activities shall be strictly subordinate and incidental to the primary farm activity on the lot and shall not be permitted to be developed to an intensity that will cause possible conflict with the purposes of the Agricultural District. Only uses listed under section § 135-227F shall be permitted as a farm-related business.
- FARM-RELATED BUSINESS SIGN
- A permanent sign providing identification of a farm-related business and/or an agritourism enterprise that is operated on the premises on which the sign is located.
- FARM STAY
- Any guest accommodations on an active farm property where not more than eight bedrooms are rented to overnight guests on a daily basis for periods not exceeding one week. Meals shall only be offered to those resident guests of the farm stay.
- FARMERS MARKET
- A retail sales use where one or more local farmers display and sell fresh produce, baked goods and/or local craft items in one location. Such items shall be made or grown on a local farm in the Township. Farmer's markets shall not include any other vendor displays or sales other than those specifically referenced above and shall not include a flea market, except as such uses are permitted within the district in which the farmers market is to be located.
- A structure designed as a barrier to restrict the movement or view of persons, animals, property and/or vehicles.
- 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.
- FLEA MARKET
- A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display of merchandise.
- A temporary inundation of normally dry land areas.
- FLOOD OR SPOT LIGHT
- Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
- FLOODPLAIN or FLOODPLAIN AREA
- A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source; and/or the identified floodplain area established in Chapter 70, Floodplains, of the Code of Ordinances.[Amended 3-21-2016 by Ord. No. 299-2016]
- FLOOR AREA
- For dwelling units, the total floor area of the dwelling unit actually used for habitation, excluding cellars, storage attics, porches, garages and the like; for nonresidential units, the sum of the floor areas of a building as measured to the outside surface or exterior walls and including all areas intended and designed for the conduct of the use.
- A unit of light concentration produced on a horizontal plane stated in lumens per square foot and measured with a light meter.
- The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
- FREESTANDING SIGN
- Any sign erected upon a permanently affixed independent structure (legs or base) so that such structure is the main support of the sign and/or any sign which is not supported by part of a building.
- FRONT BUILD-TO LINE
- An area establishing the required location for all, or a portion of a building's front facade, as measured from the street line.
- FULL CUTOFF
- An attribute of a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's intensity is emitted at or above an angle 10° below that horizontal plane, at all lateral angles around the light fixture.
- FULLY SHIELDED
- An attribute of a lighting fixture provided with internal and/or external shields and louvers to prevent brightness from lamps, reflectors, refractors, and lenses from causing glare at normal viewing angles.
- FUNERAL HOME
- A principal use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, nor entombments, but do include mortuaries and crematorium.
- FUTURE DEVELOPMENT SIGN
- A temporary sign indicating the location of premises available or in the process of development and having inscribed thereon the name of the owner, developer, builder or agent responsible for the development.
- A building, structure or any part thereof in which one or more motor vehicles are housed, kept or repaired. Garages are classed as private garages or public garages.
- GARAGE/YARD SALE SIGN
- A temporary sign that directs attention to the sale of personal goods on the premises on which the sign is located or an off-premises sign that provides direction to the premises in which the garage/yard sale is to occur along with the date and time of the sale. Such a sign pertains only to residential or nonprofit organizations and places of worship that have similar sales complying with § 135-314B of this chapter.
- Excessive brightness in the field of view that causes loss of visual performance or annoyance, jeopardizing health, safety, or welfare.
- GOLF COURSE
- A recreational area primarily used for playing golf and which has a minimum of 2,800 yards of play in nine holes or 5,000 yards of play in 18 holes and which may include accessory facilities.
- GOVERNMENT SIGN
- A sign placed by a governmental unit or a municipal authority, such as a traffic, directional, information, or street name sign, or a historical marker.
- GOVERNMENT TRAINING CENTER
- A facility operated by a political subdivision of the commonwealth, the commonwealth, or the federal government providing training and educational services for government employees, including customary accessory uses. A government training center shall not include a hospital, prison, or other facility at which government employees may also receive training in conjunction with the operation of such principal use.
- An accessory or principal use consisting of a building in which the roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
- GROUP HOME
- A dwelling unit operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and all persons subject to protection under the Federal Fair Housing Act Amendments of 1988. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use. Group homes shall be subject to the same limitations and regulations by the Township as the type of dwelling unit they occupy. It is the express intent of the Township to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
- HAZARDOUS WASTE
- A waste material that is defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as the same shall be amended.
- 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.
- HAZARD TO AIR NAVIGATION
- An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
- HEIGHT OF THE LUMINAIRE
- The vertical distance from the ground directly below the center line of the luminaire to the direct light-emitting part of the luminaire.
- A principal or accessory 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.
- HIGH-INTENSITY DISCHARGE (HID)
- A family of electric discharge light sources including metal halide, high-pressure sodium, and mercury vapor lamps.
- HIGH-PRESSURE SODIUM
- An HID light source that typically provides high efficacy but poor color. The source is considered to be yellow in color by most people.
- HISTORIC CONTEXT
- The geographical location, time period, and function(s) that existed within the period of significance of a historic resource.
- HISTORIC INTEGRITY
- Historic integrity is the composite of seven qualities: location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present as long as the overall sense of past time and place is evident. All properties change over time. The retention of integrity depends upon the nature and degree of alteration or change. It is not necessary for a property to retain all the physical features or characteristics that it had during its period of significance. However, the property must retain the essential physical features that enable it to convey its past identity or character and therefore its significance.
- HISTORIC PROPERTY
- A parcel of land containing one or more historic resources.
- HISTORIC RESOURCE
- Any building, structure, site, object or district that is:
- A. Listed in the National Register of Historic Places, individually or as a contributing resource in a National Register Historic District; or
- B. Identified by the Pennsylvania Historical and Museum Commission as being eligible to be listed in the National Register of Historic Places, individually or as a contributing resource in a National Register Historic District.
- HOME OCCUPATION
- A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the requirements of § 135-234.
- HOME OCCUPATION SIGN
- A permanent sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
- HORIZONTAL SURFACE
- A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
- HORSE BOARDING FACILITY
- A principal use whereby equestrian instruction is offered and horses are kept, bred, trained and/or exercised upon land not occupied by the owner of the horse(s).
- An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hour-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. A hospital shall not include a use that meets the definition of a treatment center, as defined by this chapter.
- A facility which provides lodging to boarders for compensation, which contains more than eight rooms with less than 25% of the 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. The duration of said lodging is not to exceed 15 days in a thirty-day period.
- IDENTIFICATION SIGN
- A permanent sign used to identify the name and display information about the individual, organization, institution, facility or development located on the premises on which the sign is located but not including a business sign. (Also see "residential development sign" and "public use sign.")
- IMPERVIOUS COVERAGE
- The ratio of the area of all portions of a lot covered by impervious surface to the total area of the lot, excluding any portions of the lot within the street right-of-way.
- IMPERVIOUS SURFACE
- Any material that covers the land which inhibits the percolation of stormwater directly into the soil including, but not limited to, buildings, pavement and stormwater facilities that discharge stormwater off the site.
- INCIDENTAL SIGN
- An informational sign, no more than two square feet in size, that carries a message such as "enter," "open," "telephone," "restrooms," "no parking," "no trespassing," "warning," "private property," a listing of hours when open, an on-site direction, or anything similar. Incidental signs may not include any commercial message or logo, except that one "enter" sign per entrance may include a logo or business name, as long as the entrance is exclusively for that business and the logo or business name is subordinate to the word "enter."
- INDIRECT LIGHT
- Direct light that is reflected from or has scattered off of other surfaces.
- INDUSTRIAL DISTRICT
- Shall refer to the LI and GI Zoning Districts.[Amended 3-16-2015 by Ord. No. 293-2015]
- INDUSTRIAL PARK
- A planned center containing industrial uses and customary accessory uses.
- ISSUE SIGN
- A temporary sign that directs attention to a candidate(s) for elective office or to an opinion of a public or private nature, such as but not limited to a community, social, religious, judicial, political, or ballot issue. A sign including commercial advertising shall not be considered an issue sign.
- JOINT-USE DRIVEWAY
- A common driveway that serves two to four adjoining dwellings within a village design option development, as regulated in § 135-353 of this chapter. Additionally, joint use driveways can serve up to four adjoining flag lots, as regulated in § 135-320 of this chapter.
- Junk shall include wastepaper, trash, rubber debris, waste, scrap metal, copper, brass, iron, steel and other old or scrap ferrous or nonferrous materials, batteries, discarded building materials, house furnishings, machinery, wrecked, scrapped, ruined, dismantled or junked vehicles, or parts thereof.
- An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of junk, with or without the dismantling, processing, salvage, sale or other use or disposition of such junk. The deposit or storage on a lot of two or more unlicensed and/or uninspected wrecked or disabled vehicles or the major part thereof shall be deemed to constitute a junkyard.
- Any lot on which more than four dogs or cats that are older
than six months are kept, boarded, raised, bred, and/or treated. Dogs
or cats that are routinely kept indoors as part of a permitted pet
store, animal adoption center or veterinary office shall not be considered
a kennel for the purposes of this chapter.[Amended 8-15-2016 by Ord. No. 305-2016]
- A light bulb.
- LANDSCAPE BUSINESS
- A professional business that specializes in lawn care and maintenance, placing or arranging lawns, trees, hardscape (i.e., stones, pebbles, pavers etc.) shrubs and similar materials.
- 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.
- LARGE ANAEROBIC DIGESTER
- A manure digester principally used to convert biogas into electricity, heat, and water. Large manure digesters accept livestock and poultry manure (primary catalyst), generated off site or from more than one farm. Large manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalyst).
- LARGER THAN UTILITY RUNWAY
- A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
- LARGE-SCALE SOLAR ENERGY SYSTEM
- A large-scale solar energy system shall be any ground-mounted solar energy system that covers one acre of ground or more. In order to determine the ground space of a solar energy system, one should place the smallest box possible around the solar energy system so it contains the solar energy system in its entirety.
- LARGE WIND ENERGY PRODUCTION FACILITY
- An area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. Large wind energy production facilities consist of one or more wind turbines, tower, and associated control or conversion electronics and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other facility if it supplies electrical power solely for off-site use.
- LIGHT FIXTURE
- The assembly that houses a lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and or a refractor lens.
- LIGHT TRESPASS
- Light emitted by a lighting fixture which is cast beyond the boundaries of the property on which the lighting fixture is situated.
- Domestic animals, such as cattle or horses, or birds, such as chickens, raised for home use or profit.
- A piece, parcel or plot of land occupied or to be occupied by one or more principal buildings and accessory buildings, including the open spaces required under this chapter. A lot may include one or more adjacent pieces, parcels or plots of land of record. The area and depth of a lot shall be measured to the legal right-of-way line of the street.
- LOT AREA
- The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.
- 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 reverse 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. Unless otherwise noted, lot width shall be measured at the building setback line and the street frontage.
- The unit representing the quantity of light being produced by a lamp or emitted from a luminaire. In the International System, the lumen is the unit of luminous flux, equal to the amount of light given out through a solid angle by a source of one candela intensity radiating equally in all directions.
- A complete light fixture, consisting of a light source, optical reflector and housing, and electrical components for safely starting and operating the source.
- "MAIN STREET" (COMMERCIAL)
- The internal street or access drive of a town center development that serves as the principal thoroughfare of the development and provides walkable access to a variety of smaller storefronts.
- To keep in its existing state, preserve from failure or decline, upkeep.
- A function involving either the processing or production of materials, goods or products.
- MANUFACTURED HOME
- A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.[Amended 3-21-2016 by Ord. No. 299-2016]
- MANUFACTURED HOME LOT
- A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is leased by the park owner to the occupants of the manufactured home erected on the lot.
- MANUFACTURED HOME PAD
- The part of a manufactured home lot that is being reserved for the placement of the manufactured home.
- MANUFACTURED HOME PARK
- A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
- The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
- MANURE DIGESTER
- A facility where the main purpose 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 catalyst). Types of manure digesters include covered anaerobic lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant structures and facilities.
- MANURE STORAGE FACILITY
- 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, earthen bank, stacking area and above ground storage.
- MATURE FORESTS AND WOODLANDS
- Mature forests and woodlands are areas indicated as the "Highlands Region" in Figure 1 of Greenscapes, The Green Infrastructure Element of the Lancaster County Comprehensive Plan, dated February 2009. Mature forests and woodlands are generally contiguous areas of mature tree cover that are frequently eight or more inches in caliper and that encompass at least 100 acres or greater of land area, regardless of the location of parcel lines, municipal boundaries, zoning districts, or other similar features.
- MAXIMUM PERMITTED ILLUMINATION
- The maximum illumination measured in footcandles at a property line.
- MEAN SEA LEVEL
- The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.
- MEDICAL OR DENTAL CLINICS
- Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.
- MERCURY VAPOR
- An HID light source that typically provides long lamp life but poor color and low efficacy compared to other HID sources.
- METAL HALIDE
- An HID light source that typically provides good color and high efficacy.
- MINERAL EXTRACTION
- The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. The term mineral shall include, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas. This use shall not include routine movement of topsoil.
- 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 REPAIR
- The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements, nor shall "minor repairs" include addition to, alteration of, replacement of or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
- A facility which provides lodging to boarders for compensation, which contains more than eight rooms with at least 25% of the 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. The duration of said lodging is not to exceed 15 days in a thirty-day period.
- MOTION SENSOR DEVICE
- A device sensing motion electronically and switching on security lighting for a timed duration.
- MUNICIPALITIES PLANNING CODE (MPC)
- The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq.
- MUNICIPAL USE
- Any use by the Township or a municipal authority created singly by the Township or jointly by the Township and other municipalities for the public health, safety and welfare and which shall specifically include administration, police, fire, recreation and public works uses.
- NATIONAL REGISTER OF HISTORIC PLACES
- the official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archaeology, engineering and culture.
- Any building containing an establishment which serves liquor and usually food and offers a variety of live, evening entertainment, including music, comedy acts, a floor show or dancing that is generally open until the early morning hours. Additionally, nightclubs can offer the retail sale of carry out beer and wine as an accessory use. This is mean to include an "under 21" club which features live entertainment. Nightclubs shall not contain an adult-oriented business.
- NO-IMPACT HOME-BASED BUSINESS
- A business or commercial activity administered or conducted as an accessory use which is clearly accessory 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 the residential use. The business or commercial activity must satisfy § 135-234B.
- NONCOMMERCIAL KEEPING OF LIVESTOCK
- An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.
- NONCONFORMING LOT
- A lot, the area or dimensions of which was lawful prior to the enactment of this chapter or any amendment thereto, but which fails to conform to the requirements of the zoning district in which it is located by reason of the enactment of this chapter or any amendment thereto.
- NONCONFORMING STRUCTURE
- A structure or a part of a structure manifestly not designed to comply with the applicable use or extent-of-use provisions in this chapter or any amendment thereto, where such structure lawfully existed prior to the enactment of this chapter or such amendment. Such nonconforming structures include but are not limited to nonconforming signs.
- NONCONFORMING USE
- A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of this chapter 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.
- NONPRECISION INSTRUMENT RUNWAY
- A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
- A use other than a dwelling or its customary accessory uses. An institutional use in which persons may reside, such as a dormitory or nursing home, shall be considered a nonresidential use.
- NURSING, REST OR RETIREMENT HOMES
- Facilities designed for the housing, boarding and dining associated with some level of nursing care.
- NUTRIENT MANAGEMENT PLAN
- A plan indicating compliance with Act 38 of 2005, and any amendments made hereafter, pertaining to the protection of surface and groundwater quality from those hazards typically associated with the spreading of manure and other fertilizers on crops and fields.
- OCCUPANCY, LEGAL
- The maximum number of persons, as determined under the UCC,
which may simultaneously occupy a building or a portion thereof.[Added 1-6-2014 by Ord. No. 284-2014]
- 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.
- OFFICE PARK
- A planned center containing business and professional offices and customary accessory uses.
- OFFICIAL MAP
- A map adopted by ordinance pursuant to the Municipalities Planning Code and recorded in the office of the Lancaster County Recorder of Deeds.
- OFF-PREMISES SIGN
- A sign that advertises a service, product or activity that is not offered or located on the lot upon which the sign is located.
- ON-PREMISES SIGN
- A sign that applies to the lot on which the sign is displayed.
- OUTDOOR HYDRONIC HEATER
- Any equipment, device or apparatus which is installed, affixed or situated outdoors, and not situated within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories, and swimming pools. For the purposes of this particular appliance, a chimney shall mean any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor hydronic heater. Such appliances are also commonly referred to as outdoor wood-fired furnaces, outdoor wood-burning appliances, or outdoor solid fuel fired boilers heaters.
- PARENT TRACT
- When used in determining the permissible number of lots which may be subdivided or dwellings or other principal nonresidential uses which may be erected within the A Agricultural District, all contiguous land held in single and separate ownership, regardless of whether such land is divided into one or more lots, parcels, purparts or tracts; such land was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; or such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his or her predecessor in title on June 4, 1978, or if such land was not classified as A Agricultural District on June 4, 1978, which was held by the landowner or his or her predecessor in title on the date such land was first classified as A Agricultural District after June 4, 1978.
- PARKING DECK
- A multilevel parking structure that is intended to be accessory to a principal use and to provide sufficient parking area in order to meet the requirements listed in Article XXV of this chapter.
- PARKING LOT
- An accessory use in which required, and possibly, additional parking spaces are provided subject to the requirements listed in Article XXV 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.
- Pennsylvania Department of Transportation.
- PERMANENT SIGN
- A sign intended to be displayed for the life of the business, activity or other establishment on the premises.
- An individual, corporation, partnership, association, estate, trust or other legally recognized entity and the officers of such corporation and the members of such partnership or association.
- PERSONAL CARE HOME OR CENTER
- A facility licensed by the Commonwealth of Pennsylvania as a personal care home, and which provides residential and oversight facilities for seven or more unrelated persons who need such facilities because of old age or physical handicap.
- PLACE OF WORSHIP
- A church, synagogue or similar building used primarily for religious worship and that is operated for noncommercial purposes. A place of worship may include one dwelling unit as an accessory use on the same lot for the housing of professional religious staff or one family. A place of worship may also include an accessory day-care center serving up to 50 children at one time. If a higher number of children are served, the requirements for a principal day-care center shall also be met. A place of worship may also include a cemetery, rooms for religious classes, and areas for accessory noncommercial recreation. A primary or secondary school may be permitted if the requirements for such use are also met.
- PLANNED CENTER
- A group of uses planned and designed as an integrated unit with controlled ingress and egress, coordinated utilities, landscaping and buffering and shared off-street parking provided on the property as an integral part of the unit.
- PLANNING COMMISSION
- Mount Joy Township Planning Commission.
- POLICE DEPARTMENT
- The Northwest Regional Lancaster County Police Department of any successor thereto.
- PORTABLE SIGN
- A portable sign shall be any temporary sign that can be towed or affixed to the side panel of a trailer or other vehicle. Portable signs shall also include temporary-sidewalk-type signs. The purpose of such signs is to advertise special events or daily specials at a commercial establishment.
- Pennsylvania Power and Light. For the purposes of this chapter, the use of the term PPL shall also refer to any equivalent electrical service provider.
- PRECISION INSTRUMENT RUNWAY
- A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR) or a runway for which a precision approach system is planned and is so indicated on an approach airport layout plan or any other planning document.
- PRESERVATION OR PROTECTION
- When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use.
- PRIMARY SURFACE
- A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in Subsection D herein. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
- PRIVATE CLUB
- An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities 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. Private clubs shall not include adult-oriented businesses or nightclubs as defined herein.
- PROPERTY LINE
- A recorded boundary of a lot. However, any property line which abuts a street or other public or quasi-public way shall be measured from the legal right-of-way line of the street.
- Owned, operated or controlled by a governmental agency (federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions). This definition shall not include the Elizabethtown or Donegal School Districts.
- 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 65 Pa.C.S.A. Ch. 7, known as the Sunshine Act, and subsequent amendments.
- 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 USE SIGN
- An identification sign used to identify the name and display information about a public use, such as a government building, school, park, firehouse, police station, college, place of worship, hospital and other public institution.
- PUBLIC UTILITY SIGN
- Signs that are necessary for a sewage service, water supply, land-line telephone, cable service, or electricity provider to post in the performance of its responsibilities, such as warning signs and utility pole identification numbers.
- REAL ESTATE OPEN HOUSE SIGN
- A temporary sign that provides information about a real estate open house and including the words "open house," the day and time of the open house, and the name of the realtor or other contact person for the open house.
- REAL ESTATE SIGN
- A temporary sign that provides information about a real estate activity on the premises on which the sign is located, such as advertising the sale, rental or lease of a property. A future development sign, real estate open house sign shall not be included in this definition.
- RECEIVING PROPERTY
- A lot(s) that is approved to permit a higher density than would otherwise be permitted as a condition of the restriction of development on sending property.
- RECREATIONAL FACILITY
- A facility devoted primarily to active and passive outdoor or indoor recreation, but excludes outdoor shooting ranges, adult-oriented businesses, nightclubs, and amusement parks.
- RECREATIONAL VEHICLE
- A vehicle which is: a) built on a single chassis; b) not more than 400 square feet, measured at the largest horizontal projections; c) designed to be self-propelled or permanently towable by a light-duty truck; d) not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
- RECYCLE and SALVAGE
- When used in connection with historic resources shall mean retention of reusable building materials for reuse.
- The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
- REHABILITATION CENTER
- A facility providing physical therapy, chiropractic therapy and similar therapies on an outpatient basis.
- Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse, brother, sister, parent, child, grandchild, great-grandchild, grandparent, great-grandparent, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. Unrelated persons shall be persons who are not a relative of each other.
- REPETITIVE LOSS
- Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on an average, equals or exceeds 25% of the market value of the structure before the damages occurred.
- RESIDENTIAL DEVELOPMENT SIGN
- A permanent identification sign at the entrance of a neighborhood or residential development.
- RESIDENTIAL DISTRICT
- The R-1, R-2, R-3, R and OS Districts.[Amended 3-16-2015 by Ord. No. 293-2015]
- 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 carry-out 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. This term shall not include adult-related businesses or nightclubs.
- RESTAURANT, DRIVE-THROUGH
- 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 the site. This term shall not include adult-oriented businesses or nightclubs. Drive-through restaurants typically contain drive-through facilities that are designed in accordance with § 135-255.
- RETAIL SALES
- Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult related uses as defined herein.
- RIPARIAN CORRIDOR
- A riparian corridor incorporates a perennial or intermittent body of water, its lower and upper banks, and the vegetation that stabilizes its slopes. It includes the stream channel plus an adjoining strip of land. Riparian corridors protect a waterway from erosion and sediment, provide cover and shade, maintain wildlife habitat and filter the air and water pollution. A riparian corridor shall also include the limits of any one-hundred-year floodplain, as established by the Federal Emergency Management Agency (FEMA) to reduce the loss of life and property.
- ROADSIDE PRODUCE STAND
- A temporary structure intended to sell produce that was locally grown on a farm located within the Township. The term produce shall include fruits, vegetables, flowers, baked goods and similar items.
- ROOF SIGN
- A sign that is attached or painted on the roof of a building or structure.
- A defined area on an airport prepared for landing and takeoff of aircraft along its length.
- RURAL HERITAGE MEETING CENTER
- An accessory use to an active agricultural use in which educational
sessions and classes, exhibitions, conferences and meetings, receptions,
parties, weddings and social gatherings are conducted in a manner
that respects the rural/agricultural character of the property and
its surroundings. This does not include adult-oriented business uses,
as defined herein.[Added 1-6-2014 by Ord. No. 284-2014]
- An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs or a college or university
accredited by a national or regional association for college and university
accreditation.[Amended 3-16-2015 by Ord. No. 293-2015]
- SENDING PROPERTY
- A lot(s) or portion of a lot that is restricted by a conservation easement or farmland preservation easement as a condition of approval of a higher density on the receiving property than would otherwise be permitted.
- SHOOTING RANGE
- A privately owned club or organization that involves the shooting of projectile objects into a target and that occurs primarily outdoors. Shooting ranges shall be operated in compliance with all applicable local, state and federal regulations. For the purposes of this chapter, a shooting range shall not include an indoor firing range that is operated as a commercial recreational facility and no regulations of a shooting range shall be interpreted to prohibit any resident of the Township from participating in lawful hunting activities under strict compliance with applicable state laws.
- SHOPPING CENTER
- A lot including a total of three or more retail sales uses, personal service and/or restaurant establishments which cumulatively exceed 10,000 square feet of gross floor area. Such uses may be provided under one roof or in separate buildings designed as a cohesive development tract. In addition, a shopping center may also include other commercial uses that are permitted by right, as a special exception use or as a conditional use in the applicable district, under such standards, unless specifically stated otherwise.
- Any advertisement, announcement, direction or communication produced in whole or in part by constructing, erecting, affixing or placing a structure on land or any other structure or produced by painting, pasting or otherwise placing any printed, lettered, pictured, figured or colored material on any building, structure or surface, not including lettering or other identification which is part of the architectural design of a building.
- SINGLE AND SEPARATE OWNERSHIP
- The ownership of a lot or tract by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.
- SOIL SURVEY
- The latest published version of the United States Department of Agriculture soil survey for Lancaster County, Pennsylvania.
- SOLAR ENERGY SYSTEM
- Solar energy systems shall include solar panels, collection devices, storage facilities, and distribution components, use for electricity production, water heating and space heating and cooling.
- SOLID WASTE
- Garbage, refuse and other discarded materials, including but not limited to solid, semisolid, liquid and contained gaseous material resulting from municipal, industrial, commercial, agricultural and residential activities. Solid waste shall not include hazardous waste.
- SOLID WASTE FACILITY
- Land and/or structures used as a solid waste landfill permitted by DEP, or a solid-waste-to-energy facility permitted by DEP, or a solid waste transfer facility permitted by DEP. A solid waste landfill shall involve the depositing of municipal waste on property, followed by compaction, covering with soil and then additional compaction. A solid-waste-to-energy facility shall involve incineration of nonhazardous solid waste to generate energy. A solid waste transfer facility shall involve temporary storage of solid waste at a site where it was not generated, so it may be transferred to another vehicle to be transported for disposal. A solid waste facility may also include sorting of recyclables.
- SPECIAL EVENT SIGN
- A temporary sign that carries information about a special event, such as an auction, flea market, festival, carnival, meal or fundraising event that benefits a charity, place of worship, school, fire company or similar nonprofit organization. This term shall not include any business sign, such as a "sale" sign at a store.
- SPECIAL EXCEPTION
- Permission or approval granted to an applicant pursuant to this chapter to use land in a zoning district for a purpose so authorized in the district. Uses permitted by special exception are specifically stated herein and shall be permitted only under the terms, procedures and conditions prescribed in this chapter. Special exceptions are granted or denied by the Zoning Hearing Board in accordance with the procedures set forth in this chapter and in the Municipalities Planning Code. The burden of proof in all requests for special exceptions shall be upon the applicant to establish compliance with all requirements of this chapter pertaining to the grant of a special exception and all provisions applicable thereto.
- The keeping of more adult horses or similar animals than are permitted under the keeping of pets provisions in § 135-302.
- Includes streets, avenues, boulevards, roads, highways, freeways, parkways, lanes, alleys, viaducts and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
- STREET CENTER LINE
- The center of the surveyed street right-of-way or, where not surveyed, the center of the traveled cartway.
- A luminaire placed in or adjacent to a street right-of-way for the purpose of illuminating a road, sidewalk, and/or intersection.
- STREET RIGHT-OF-WAY LINE
- The line dividing a lot from the dedicated or legal right-of-way. The street right-of-way line shall not be measured from the edge of the improved cartway.
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
- SUBSTANTIAL DAMAGE
- Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss regardless of the actual repair work performed. The term does not, however, include either:
- A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
- B. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
- 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.
- TEMPORARY SIGN
- A sign that is displayed for no more than 90 days in any year, including consecutively from year to year, unless stated otherwise in this article.
- TESTING LABORATORY
- A facility which tests water, soil, or nonhazardous chemicals, consumer goods and similar items, under standards and procedures which are commonly accepted throughout the industry. A testing laboratory shall not include any laboratory which presents a danger to the health, safety or welfare of adjoining property owners.
- A commercial operation which provides for the live viewing of motion pictures, dramatic performances, or enactments of significant events. Theaters shall not include adult-oriented businesses or nightclub uses. A theater may include food a beverage sales (snack bars, restaurant or dinner theater) and amusement arcades as accessory uses.
- The Township of Mount Joy, Lancaster County, Pennsylvania.
- TRANSIENT MERCHANT
- A person who proposes to temporarily operate a transient retail business in compliance with this chapter.
- TRANSIENT RETAIL BUSINESS
- A temporary business the sole purpose of which is to sell, trade or barter goods, wares or merchandise in compliance with this chapter. Structures housing such businesses shall be temporary in nature and easily deconstructed upon ceasing operations. Structures may include a temporary building, tent, lot, stand or other premises.
- TRANSITIONAL SURFACES
- These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces which project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.
- TREATMENT CENTER
- A use (other than a prison or a hospital) providing housing for persons who need specialized housing, treatment and/or counseling because of:
- A. Criminal rehabilitation, such as a criminal halfway house;
- B. Current addiction to alcohol or a controlled substance that was used in an illegal manner; and/or
- C. A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others. (See standards in § 135-232.)
- Any object of natural growth.
- UNIFORM CONSTRUCTION CODE (UCC)
- The Pennsylvania Uniform Construction Code (UCC) as adopted by the Pennsylvania Department of Labor and Industry and the Township in Chapter 5, Part 1 of the Code of Ordinances.[Amended 3-21-2016 by Ord. No. 299-2016]
- The purpose or activity for which buildings, structures or land is occupied or maintained.
- UTILITY RUNWAY
- A runway that is constructed for and intended to be used by propeller-drive aircraft of 12,500 pounds' maximum gross weight and less.
- The permission granted for an adjustment pursuant to the provisions and criteria of this chapter and the Municipalities Planning Code to some regulation which if strictly adhered to would result in unnecessary hardship, and where the permission granted would not be contrary to the public interest and would maintain the spirit and intent of this chapter. Variances are granted or denied by the Zoning Hearing Board following a public hearing held in accordance with this chapter and the Municipalities Planning Code.
- VETERINARY 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. Larger animals such as horses or livestock may be treated at veterinarian offices that are located within the A and R districts.
- VISUAL RUNWAY
- A runway intended solely for the operation of aircraft using visual approach procedures.
- WALL PROJECTING SIGN
- Any sign mounted upon a building so that its principal face is not parallel to the building wall.
- WALL SIGN
- A sign attached to or painted on the wall of a building.
- 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.
- A device which converts wind energy to mechanical or electrical energy.
- WINDMILL ROTOR
- That portion of the windmill, i.e., blades and the associated hub and shaft, which is intended to be moved or activated by the wind.
- WINDMILL TOWER
- The supporting structure on which the windmill rotor and accessory equipment are mounted.
- WINDOW DISPLAY
- An exhibit behind a window that is intended to draw attention to a product, service, business or cause.
- WINDOW SIGN
- A sign of more than two square feet that is attached to a window or visible through a window. A temporary window sign made of paper on a commercial building is not regulated by this chapter. Any other window sign shall be regulated as a building sign.
- An open space unobstructed from the ground up, on the same lot with a structure, extending along a lot line or street line and inward to the structure. The size of the required yard shall be measured as the shortest distance between the structure and the lot line or street line. Porches, decks and carports shall be considered a part of the structure when measuring the yard area, but overhanging eaves, gutters and cornices shall not be considered an infringement of the yard requirements. For the purpose of defining yards, property boundaries that are coterminous with limited access right-of-way lines are not considered to have any street frontage along the limited access roadway.
- ZONING HEARING BOARD
- The Zoning Hearing Board of the Township.
- ZONING OFFICER
- The duly constituted Township official designated to administer and enforce this chapter in accordance with its literal terms.
Editor’s Note: The former definition of “completely dry space,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor's Note: See 53 P.S. 10101 et seq.
Editor’s Note: The former definition of “essentially dry space,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor’s Note: The former definitions of “floodproofing” and “floodway,” which immediately followed this definition, were repealed 3-21-2016 by Ord. No. 299-2016.
Editor’s Note: The former definition of “identified floodplain area,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor’s Note: The former definition of “lowest floor,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor's Note: A copy of the Lancaster County Comprehensive Plan is available in the Township offices.
Editor’s Note: The former definition of “new construction,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor’s Note: The former definition of “obstruction,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor’s Note: The former definitions of “one-hundred-year flood” and “one-hundred-year-flood elevation,” which immediately followed this definition, were repealed 3-21-2016 by Ord. No. 299-2016.
Editor’s Note: The former definition of “regulatory flood elevation,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor's Note: See 53 P.S. 10101 et seq.
Editor’s Note: The former definition of “special permit,” which immediately followed this definition, was repealed 3-21-2016 by Ord. No. 299-2016.
Editor's Note: See 53 P.S. 10101 et seq.