For the purpose of this chapter, the terms and
words listed in this section shall have the meaning herein defined.
Words not herein defined shall have the meanings given in Webster's
Unabridged Dictionary.
For the purpose of this chapter, the following
rules of interpretation shall apply:
A.
Words in the present tense include the future tense.
B.
Words in the singular case include the plural and
words in the plural case include the singular, and words of one gender
(e.g., he/she, his) shall include all genders.
C.
The words "used" and "occupied" shall be construed
to include the words "or intended, arranged or designed to be used
to be occupied, or offered for occupancy."
D.
The term "such as" shall be considered as introducing
a typical, or illustrative, designation of items, and shall not be
interpreted as constituting a complete list.
E.
The words "person" and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual.
F.
The words "building" and "structure" shall be construed
as if followed by the phrase "or part thereof."
G.
The word "lot" includes the words "plot" and "parcel."
H.
The word "watercourse" includes channel, creek, ditch,
dry run, spring, stream and river.
I.
The word "erect" shall mean to build, construct, alter,
repair, display, relocate, attach, hand, place, suspend, affix or
maintain any structure or building and shall also include the painting
of exterior wall signs.
K.
The phrases "with water or sewer" and "with water and sewer" as used in §§ 255-11D, 255-12D and 255-15D, and the phrase "centralized water or sewer" and "centralized water and sewer" in § 255-34C shall mean municipal sanitary sewer system or a privately owned sanitary sewer system approved by the Township which is designed and intended to provide sanitary sewer for a development or group of uses, or, as to water systems, shall mean a public or private water distribution system which is regulated by the PUC to provide water to multiple customers. Those phrases are not intended to include on-site sanitary sewer systems or wells which are designed, intended to or do provide those services for one dwelling, building, structure, or use only.
As used in this chapter, the following terms
shall have the meanings indicated:
A dwelling unit added to, or created within, a single-family
dwelling that provides basic requirements for living, sleeping, eating,
cooking and sanitation. Accessory units may not be subdivided or otherwise
segregated in ownership from the principle dwelling unit and use.
An ADU shall not be occupied by anyone other than a person related
to the principal dwelling unit owner by blood, marriage, or legal
adoption, or persons providing care to the principal dwelling unit
owner(s).
[Added 12-9-2014 by Ord. No. 2014-6]
(Often referred to as "residential solar," but does not rule
out commercial installations.) An area of land or other area used
for a solar collection system principally used to capture solar energy,
convert it to electrical energy or thermal power and supply electrical
or thermal power the majority of which is for on-site use. An accessory
solar energy system consists of one or more freestanding ground, or
roof-mounted, solar arrays or modules, or solar-related equipment,
and is intended to primarily reduce on-site consumption of utility
power or fuels.
[Added 11-9-2021 by Ord. No. 2021-5]
A use or structure clearly incidental or subordinate to the
principal use of a building on the same lot and serving a purpose
customarily incidental to the use of the principal building or land
use.
Any construction which increases the size of a building or
adds to the building.
Any structure, building, or use which is open to the general
public in which 20% or more of the occupied sales or display area
offers for sale, for rent, lease, loan or for view upon the premises
pictures, photographs, drawings, prints, images, sculpture, still
film, motion-picture film, videotape, or similar visual representations
distinguished or characterized by an emphasis on sexual content or
sexually explicit nudity, or books, pamphlets, magazines, printed
matter or sound recordings, containing explicit or detailed descriptions
or narrative accounts distinguished or characterized by an emphasis
on sexual content, or which offers for sale sexual devices. This definition
shall also include a building, structure, or a portion thereof, or
a use open to the general public, used for presenting motion-picture
film, videotape, live performances, or similar visual representation
or materials distinguished or characterized by an emphasis on sexual
conduct or sexually explicit nudity.
The outdoor display of any writing, printing, picture, painting,
emblem, drawing, sign or similar device intended to invite or draw
the attention of the public to any goods, merchandise, property, business,
service, entertainment, amusement or industrial activity establishment.
Any rigid or semirigid material, with or without advertisement
displayed thereon, situated upon or attached to or which is part of
real property for the purpose of furnishing a background, base surface
or support upon which an advertisement may be posted or displayed
outdoors.
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture,
fish culture, animal and poultry husbandry, and the necessary accessory
uses for packing, treating or storing the produce, including retail
sales of products primarily raised or grown on the property, provided
that the operation of any such accessory uses shall be secondary to
that of normal agricultural activities.
Construction which may change the structural parts, mechanical
equipment or location of openings of a building but which does not
increase the size of the building.
A living unit in a multiple dwelling structure.
A landowner or developer or his agent who has filed an application
for any permit required by this chapter, use by special exception,
variance, or appeal as allowed by this chapter, including his heirs,
successors and assigns.
The individual or entity seeking approval for a solar energy
system pursuant to this chapter. The owner of the real property upon
which the solar energy system shall be erected, as well as the applicant,
shall be responsible for compliance with this chapter.
[Added 11-9-2021 by Ord. No. 2021-5]
A building used for the conduct of public auctions of goods
by a licensed auctioneer or apprentice auctioneer. Three types of
auction houses are defined:
LIVESTOCK AUCTIONA building used solely for the conduct of public auctions of livestock.
AUTOMOBILE AND TRUCK AUCTIONA building used solely for the conduct of public auctions of motor vehicles.
AUCTION HOUSE FOR HOUSEHOLD AND OTHER GOODSA building used solely for the conduct of public auctions of household and other goods, specifically excluding livestock and automobiles and trucks.[1]
A story where the floor is more than 12 inches but not more
than half of its story height below the average level of the adjoining
ground (as distinguished from a "cellar" which is a story more than
1/2 below such level).
An owner-occupied dwelling in which a room or rooms are rented
on a nightly basis for periods of not more than 30 days. Meals may
or may not be provided.
[Amended 12-10-2019 by Ord. No. 2019-3]
A room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not cooking
or eating purposes.
The raising or keeping of bees within a man-made box (commonly
known or referred to as a beehive) for commercial or recreational
purposes.
[Added 12-9-2014 by Ord. No. 2014-6]
Any structure or part thereof or any device attached to a
structure for the painting, posting or otherwise displaying of information
for the purpose of bringing to the attention of the public any produce,
business, service or cause not necessarily located on or related to
the premises on which the sign is situated.
The East Manchester Township Zoning Hearing Board duly appointed
by the Township Board of Supervisors.
The duly elected body of the Township of East Manchester.
A dwelling or part thereof where meals and lodgings are provided
for compensation for at least two but not more than six persons not
transients, and no public restaurant is maintained.
A strip of land at least 15 feet in width which may be a
part of the minimum setback distance, free of any principal or accessory
building or required improvement other than screening.
Any structure, either temporary or permanent, having walls
and a roof or other covering, and designed or used for the shelter
or enclosure of any person, animal, or property of any kind, including
tents, awnings, or vehicles situated on private property and used
for purposes stated above.
The horizontal area measured around the outside of the foundation
walls plus the floors of roofed porches and roofed terraces, and including
the area of accessory buildings if any. In the case of split-level
dwellings, the "first floor area" shall be deemed to include floor
areas on two nonoverlapping levels, separated by a half story or less
of height.
A percentage which, when multiplied by the lot area, will
determine the permitted area that can be developed or covered by buildings.
[Added 11-10-2009 by Ord. No. 2009-3]
The vertical distance from the average finished grade at
the building line to the highest point of the coping of a flat roof
or to the deck line of a mansard roof or to the mean height level
between eaves and ridge for gable, hip and gambrel roofs.
A line established by law or agreement, usually parallel
to the property line, beyond which a structure may not extend. This
generally does not apply to uncovered entrance platforms, terraces,
and steps.
FRONT SETBACK LINEThe line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line, unless the lot line is within a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way.
SIDE SETBACK LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line unless the lot line is within a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way.
REAR SETBACK LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line, unless the lot line is within a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way.
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. The term "business"
shall include the occupancy or use of a building or premises or any
portion thereof for the transaction of business or the rendering or
receiving of professional or personal service.
Any one or more of the following, other than a hospital,
place of detention, school offering general instructions, or a trailer
camp or trailer court.
TYPE 1Any area of land or water of a design or character suitable for seasonal, recreational or other similar temporary living purposes; or
TYPE 2Any building or group of buildings of a movable, temporary or seasonal nature, such as cabins, tents, or shelters, which are located in a Type 1 camp area; or
TYPE 3Any land and buildings thereon, used for any assembly of persons for what is commonly known as "day camp" purposes, whether or not conducted for profit and whether occupied by adults or by children, either as individuals, families, or groups.
A parcel of land used by campers for seasonal, recreational
or other similar temporary living purposes in buildings of a movable,
temporary or seasonal nature, such as cabins, tents, or shelters,
but not including a trailer camp or trailer court.
A canvas, folding structure mounted on wheels and designed
for travel, recreation and vacation use.
The portion of a street right-of-way intended for vehicular
use.
Any space in a building the structural ceiling level of which
is less than four feet above the average finished grade where such
grade abuts that exterior wall of such building which fronts on any
street. A cellar shall not be considered in determining the permissible
number of stories.
A public or private utility system designed to collect, centrally
treat, and dispose of sewage from customers in compliance with Pennsylvania
Department of Environmental Protection regulations or regulations
of the Township, whichever may be more stringent.
A public or private utility system designed to transmit potable
water from a common source to customers in compliance with Pennsylvania
Department of Environmental Protection regulations or regulations
of the Township, whichever may be more stringent.
A facility where child care is provided for under the regulations
and requirements set forth herein. All child day-care facilities shall
meet applicable requirements and possess a certificate of compliance
from the State Department of Public Welfare (DPW). Below are the DPW
prescribed types of child day-care facilities.
[Added 12-9-2014 by Ord. No. 2014-6]
CHILD-CARE CENTERA child-care facility in which seven or more children who are not related to the operator receive child care in a non-dwelling facility. A child-care center must have a certificate of compliance ("license") from DPW in order to legally operate. For additional information on the definition, requirements, and licensure/approval process, see 55 Pa. Code Chapter 3270, and any subsequent amendment thereto.
GROUP CHILD-CARE HOMEA child-care facility in which seven through 12 children of various ages, or in which seven through 15 children from fourth grade through 15 years of age, none of whom are related to the operator, receive child care. The term includes a facility located in a single-family detached dwelling or another premises, excluding any dwelling other than single-family detached. A group child-care home must have a certificate of compliance ("license") from DPW in order to legally operate. For additional information on the definition, requirements, and licensure/approval process, see 55 Pa. Code Chapter 3280, and any subsequent amendment thereto.
FAMILY CHILD-CARE HOMEA child-care facility located in a single-family detached dwelling in which four through six children who are not related to the operator receive child care. A family child-care home must have a certificate of compliance ("license") from DPW in order to legally operate. For additional information on the definition, requirements, and licensure/approval process, see 55 Pa. Code Chapter 3290, and any subsequent amendment thereto.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center line.
See "billboard."
A business offering dormitories, cottages, cabins or similar
nonpermanent accommodations, eating facilities, sanitary facilities
and recreational and/or educational facilities to the public at large
or any segment of the public. This definition does not include "trailer
camp."
A building used for the housing or boarding of domestic animals.
A business, such as theaters, bowling alleys, pool halls,
golf driving ranges, swimming pools, skating rinks, party halls, event
venues, and similar venues which offer recreational activities and/or
public assembly services to the general public and which are operated
for a profit.
[Amended 12-9-2014 by Ord. No. 2014-6
A business combining lodging, eating and recreational facilities
as a single enterprise and offered to the public for profit.
Any automobile, van, panel truck, other type of truck, semitractor
used for the delivery of goods whether or not such vehicle bears a
business identification.
A building used for the treatment, housing or boarding of
domestic animals by a veterinarian.
The East Manchester Township Planning Commission duly appointed
by the Township Board of Supervisors.
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.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A tower which carries wireless telephone exchange, radio
or television broadcasting, micro-relay stations, and similar facilities
50 feet or more in height above the ground surface. These towers shall
not be considered essential services such as requested by the PUC.
A type of multifamily dwelling which has individual ownership
of the single dwelling units and an undivided (common) interest or
ownership of the common areas and facilities serving the building,
such as halls, elevators, lobbies, driveways, parking lots, stormwater
facilities, recreation areas.
A comprehensive plan prepared by the Township Planning Commission pursuant to Article III of the Pennsylvania Municipalities Planning Code[2] which indicates the general locations recommended for
the various functional classes of public works, places and structures
and for the general physical development of the Township, and includes
any unit or part of such plan separately adopted and any amendment
to such plan or part thereof.
The County of York, Commonwealth of Pennsylvania.
The York County Planning Commission and its professional
staff.
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.[3]
The unit of measurement for the relative loudness of sounds
to each other, being approximately the smallest degree of difference
detectable by the human ear.
The deliberate appropriation of land by its owner for any
general and public, or limited public, use, reserving to himself no
other rights than such as are compatible with the full exercise and
enjoyment of the public use to which the property has been devoted.
The average number of persons, families, or dwellings per
unit of area (acre, square mile, etc.).
NET RESIDENTIAL DENSITYDensity of the building site.
GROSS RESIDENTIAL DENSITYDensity of the building site plus traversing streets, alleys and drives, open space and 1/2 of bounding streets.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating, drilling operations,
or the storage of materials and equipment.
Any animal which is normally and routinely bred to reside
within a residential structure, which are not kept for commercial
or agricultural purposes, including, as example, but not limited to,
dogs, cats, hamsters, guinea pigs, nonpredatory birds, potbelly pigs,
rabbits or any other animal similar in nature to the above listed
and commonly known as a "domestic pet."
[Amended 12-9-2014 by Ord. No. 2014-6]
A private drive providing access between a public or private
street or access drive and a permitted use or structure.
Any building or structure placed upon and anchored to a permanent
foundation, and designed for living quarters for one or more families
or housekeeping units, including manufactured or mobile homes or housing
units, but not including tents, cabins, travel trailers, boarding
homes, rooming houses, convalescent homes, motels, hotels or other
accommodations used for transient occupancy.
A detached building or two semidetached buildings designed
for or used exclusively for residence purposes by not more than a
total of two families or housekeeping units.
A detached building or group of attached and semidetached
buildings designed for or used exclusively for residence purposes
by more than two families or housekeeping units.
A detached building designed for or used exclusively for
residence purposes by one family or housekeeping unit.
A structure or entirely self-contained portion thereof designed
to be occupied for living quarters by a single family or housekeeping
unit, including any domestic servants employed on the premises and
having no enclosed space (other than vestibules, entrance or other
hallways or porches) or cooking or sanitary facilities in common with
any other dwelling unit. A travel trailer, a boarding or rooming house,
convalescent home, fraternity or sorority house, hotel, inn, lodging,
nursing, or other similar home, or other similar structure shall not
be deemed to constitute a dwelling unit.
[Amended 12-9-2014 by Ord. No. 2014-6]
The authorization by a property owner or authorized agency
of a right-of-way granted, but not dedicated, for limited use of private
land for a public or quasi-public purpose; and within which the owner
of the property shall not erect any permanent structures, but shall
have the right to make any other use of the land which is not inconsistent
with the rights of the grantee.[4]
One or more persons, as provided in the below enumerated
groups, living together in a single dwelling unit, sharing common
living and kitchen facilities, and sharing the common expenses of
such single dwelling unit:
[Amended 12-9-2014 by Ord. No. 2014-6]
A structure designed as a barrier to restrict the movement
or view of persons, animals, property, vehicles, or any combination
thereof, or any structure that mimics the foregoing types of structures
but is erected for purely ornamental purposes. A fence may therefore
be utilitarian or ornamental or both.
[Amended 12-9-2014 by Ord. No. 2014-6]
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.
A partial or complete inundation of normally dry land areas
from the overflow of a watercourse or other body of surface water,
or from the unusual and rapid accumulation or runoff of surface waters
from any source.[5]
An area of land adjacent to the channel of a watercourse
which has been or is likely to be flooded, or any area subject to
the unusual and rapid accumulation or runoff of surface waters from
any source.
Any combination of structural and/or nonstructural provisions,
additions, changes, or adjustments to structures or contents which
are designed or adapted primarily to reduce or eliminate flood damage
to those structures or contents.[6]
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
and the operation and maintenance of the building.
An accessory garage maintained primarily for the convenience
of the occupant or occupants of the main building and in which no
business or other use is carried on and no service is rendered to
the general public.
Any garage other than a private garage. A public garage may
include, but not be limited to servicing, repairs, washing or reconditioning
of motor vehicles, and filling station facilities.
The portion of a lot which may not be occupied or covered
by buildings or paved areas.
A residential structure or facility, other than a boarding
house, single-family, multifamily, or duplex dwelling, which is operated
either for profit or not for profit, and which provides a residence
for a group of individuals, whether related by blood or marriage or
otherwise, for the purpose of providing care, rehabilitation, or a
structured environment, and in which the residents will remain or
are reasonably expected to remain for reasonably identifiable specific
periods of time and for specific purposes.
A living room within a dwelling unit, except
that for the purpose of determining lot area requirements, a habitable
room shall not include any of the following:
As a guide, an efficiency apartment contains
one habitable room; a one-bedroom apartment, two habitable rooms;
a two-bedroom apartment, three habitable rooms; and a three-bedroom
apartment, four habitable rooms.
Materials which have the potential to damage health or impair
safety. Hazardous materials include but are not limited to inorganic
mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus,
selenium, and arsenic and their common salts; petroleum products;
and radioactive material. Also included are floatable materials with
the potential to cause physical damage, such as logs, storage tanks,
and large containers.
See "street."[7]
Any activity conducted entirely within a dwelling or accessory
structure which is subordinate to the residential use of the building,
providing that the exterior appearance of the building is maintained
and there is no exterior evidence of the secondary activity other
than the sign permitted herein.[8]
A building or part thereof which has a common entrance, common
heating system, and general dining room, and which contains six or
more living and sleeping rooms designed to be occupied by individuals
or groups of individuals for compensation.
See "mobile home."
Those artificial surfaces which do not absorb precipitation.
All buildings (including roof overhangs), parking areas, driveways,
roads, sidewalks, patios and such areas as those in concrete and asphalt
shall be considered impervious surfaces within this definition. In
addition, other areas determined by the Township Engineer to be impervious
within the meaning of this definition will also be classed as impervious
surfaces.
[Added 11-10-2009 by Ord. No. 2009-3]
Direct light that has been reflected or has scattered off
of other surfaces.
[Added 11-9-2021 by Ord. No. 2021-5]
The side of a building which does not face a street or rear
lot line.
Any area where waste, discarded or salvaged materials are
bought, sold, exchanged, baled, parked, stored, disassembled or handled,
including auto wrecking yards, house wrecking yards, used lumber yards
and places or yards for storage or salvaged house wrecking and structural
steel materials and equipment, but not including areas where such
uses are conducted entirely within a completely enclosed building
and not including pawnshops and establishments for the sale, purchase
or storage of used furniture and household equipment, used cars in
operable condition, salvaged machinery and the processing of used,
discharged or salvaged materials as part of the manufacturing operations.
Any building or buildings and/or land used for the sheltering,
boarding, breeding, or training of four or more dogs, cats, fowl,
or other small domestic animals at least four months of age and kept
for purposes of profit, but not to include riding academy or animals
and fowl raised in agricultural operations. A kennel may include accessory
uses such as grooming.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he/she
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purposing involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land. Land development does
not include specifically the following:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium;
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms, and
basements having a window area of less than 10% of the square foot
area of the room. Livable floor area shall include all spaces not
otherwise excluded above such as principal rooms, utility rooms, bathrooms,
all closets and hallways opening directly into any rooms within the
dwelling unit and all attic space having a clear height of six feet
from finished floor level to pitch of roof rafter with a clear height
of seven feet six inches from finished floor level to ceiling level
over 50% of the area of such attic space.
Any animal kept for commercial, agricultural, recreational,
or sporting purposes, including without limitation cattle, cows, hogs
or swine, sheep, goats, horses, ponies, donkeys, mules, burros, emus,
llamas, alpacas, deer, chickens, duck, geese, or any other birds or
fowl, or any other animal similar in nature to the above listed animals.
[Added 12-9-2014 by Ord. No. 2014-6]
A private dwelling in which at least two but not more than
six rooms are offered for rent, payable in money or other consideration,
in which no transients are accommodated.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
CORNER LOTA lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. The lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. A corner lot will have two front yards, one rear yard and one side yard. The rear yard will be opposite the street designated as the mailing address, or in the case of a corner lot bounded by a private street, opposite the front entrance of the primary structure on the lot. The first front yard will be opposite the rear yard and the second front yard will be opposite the side yard.
[Amended 11-10-2009 by Ord. No. 2009-3]
INTERIOR LOTAny lot other than a corner lot.
THROUGH LOTA lot extending between and having frontage on two generally parallel streets.
The area contained within the property lines of a lot (as
shown on the plat), excluding any area within a street right-of-way,
but including the area of any easement.
[Amended 11-10-2009 by Ord. No. 2009-3]
A percentage which, when multiplied by the lot area, will
determine the permitted area which may be covered with an impervious
surface.
[Amended 11-10-2009 by Ord. No. 2009-3]
The lot depth is the average horizontal distance between
the front lot line and the rear lot line.
A legally defined line dividing one parcel of property from
another.
FRONT LOT LINEThe line separating a lot from streets upon which it abuts. All lots must abut and meet the required lot width on a dedicated street.
REAR LOT LINEThe lot line opposite and most distant from the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The lot width is the distance between the side lines measured
at the front lot line. The lot width of approved cul-de-sac lots shall
be measured at the minimum required front setback line.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than the
basement area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in
violation of the applicable nonelevation design requirement of this
chapter.
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 required utilities. For floodplain
management purposes the term "manufactured home" includes mobile homes,
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Any process whereby the nature, size, or shape of articles
or raw materials are changed, or where articles are assembled or packaged.
A business in the medical profession and related services
for the purpose of providing health services to people on an outpatient
basis; or a business for the care, diagnosis and treatment of sick,
ailing, infirm or injured persons and those who are in need of medical
or surgical attention, but who are not provided with board or room
or kept overnight on the premises; or a business for human ailments
operated by a group of physicians, dentists, chiropractors, or other
licensed practitioners for the treatment and examination of outpatients.
[Added 12-9-2014 by Ord. No. 2014-6]
Buildings for lodging, eating, and sanitary facilities and
land owned, leased, or used principally by a private, fraternal, or
social organization for social or recreational purposes.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel or continuous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or living units with
direct outside access, designed primarily for transient automobile
travelers, and provided with accessory off-street parking facilities.
The term "motel" includes buildings designed as tourist courts, motor
lodges, auto courts, and other similar appellations, but shall not
be construed to include mobile homes or travel trailers.
A portable, temporary dwelling to be used for travel, recreation
and vacation, constructed as an integral part of a self-propelled
vehicle.
A building housing three or more dwelling units.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101,
et. seq., as may be amended from time to time.
[Added 12-9-2014 by Ord. No. 2014-6]
Any City of the Second Class A or Third Class, Borough, Incorporated
Town, Township of the First or Second Class, County of the Second
Class A through Eighth Class, or any similar general purpose unit
of government which shall hereafter be created by the General Assembly
of the Commonwealth of Pennsylvania.
Structures for which the start of construction commenced
on or after October 20, 1980, including any subsequent improvements
thereto.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
Specifically, the following types of nonconformities
are distinguished:
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed 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. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use or extent of use provisions in this chapter or any 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.
An educational, religious, or charitable use which qualifies
as nonprofit under Section 501-c of the Internal Revenue Service Code.[9]
That portion of land open to the sky and usually reserved
in a natural state or for agricultural or outdoor recreational use.
A permanently surfaced area of one or more parking spaces
designed or used for the parking of motor vehicles and available to
the public, whether for a fee or as an accommodation to clients or
occupants.
A permanently surfaced area either within a structure or
in the open, exclusive of driveways or access drives, which is arranged
and intended for the parking of a motor vehicle.
A structure located on the roof of the main building for
the purposes of living accommodations or mechanical equipment. When
the area of the penthouse exceeds 20% of the area of the roof or when
the penthouse is to be occupied by persons, the penthouse shall be
considered as another story.
Walls of masonry or concrete construction, placed upon footers
set to at least a depth of 36 inches below the surface of the ground
and oriented to the perimeter of the dwelling to be placed thereon
so as to provide a weathertight joint on all sides of the dwelling.
A business such as a barbershop, beauty parlor, laundry and
dry cleaning pickup station, self-service laundromat, shoe repair,
tailor's shop, photographer's studio, travel agency and ticket agency
or similar enterprise providing personalized service to customers.
[Added 12-9-2014 by Ord. No. 2014-6]
A container that is not affixed to the land that is designed
for temporary, short-term storage. Also sometimes known or referred
to as "portable on demand storage units" or "PODS."
[Added 11-13-2007 by Ord. No. 2007-5]
A building or structure in which is conducted the principal
use of the lot on which the building or structure is located.
[Amended 11-9-2021 by Ord. No. 2021-5]
(Also referred to as "solar farms" or "commercial solar facilities.")
An area of land or other area used for a solar collection system principally
used to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use. Principal solar energy systems consist of one or more freestanding
ground, or roof-mounted, solar collector devices, solar-related equipment
and other accessory structures and buildings, including light reflectors,
concentrators, and heat exchangers; substations; electrical inverters;
electrical infrastructure; battery storage; on-site transmission lines;
and other appurtenant structures. Off-site transmission lines will
not be considered part of the PSES for the purposes of zoning applications,
but must be shown on land development plans submitted for approval.
[Added 11-9-2021 by Ord. No. 2021-5]
A business that includes any licensed profession, excluding
medical professions, which includes but shall not be limited to accountants,
actuaries, advertising agencies, attorneys, insurance and bonding
agencies, realtors, photography and art studios, ministers, architects,
landscape architects, professional engineers miscellaneous consulting
services and therapeutic massage offices. The practice of such business
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any district to a greater extent than
for the professional activities listed herein. The issuance of a state
or local license for regulation of any gainful occupation need not
be deemed indicative of professional standing.
[Amended 12-9-2014 by Ord. No. 2014-6]
A recorded boundary of a plot.
Buildings which are owned, operated or maintained by a municipality,
a municipal authority, a political subdivision, or government or governmental
agency at the federal, state, county or local level.
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. 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.
Includes land owned or leased by a sewer authority, municipal
authority, water authority or company, or a privately owned public
utility such as an electric company, natural gas transmission company
under the jurisdiction of the Pennsylvania Public Utility Commission.
A facility used and operated by a public or private utility,
municipal or other government agency, or private corporation to generate,
collect, create or transmit gas, electricity, telephone, steam or
water transmission or distribution, or solid waste collection treatment
and disposal systems, fire houses, fire companies, ambulance services,
and energy services. Such facilities shall include, but not be limited
to, buildings, enclosures, wells, incinerators, waste disposal areas
and facilities, and other similar equipment, accessories, and services
connected with those purposes, reasonably necessary for the furnishing
of adequate service by such providers. This definition does not include
sanitary sewer pumping stations, or poles, wires, underground pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic light
signals, hydrants, and other similar devices which are not principal
or primary uses of a tract, or which are underground, and which are
incidental to the providing of public utilities and services, which
excluded items are permitted by right in every district.
Any natural or artificially produced substance which emits
radiation spontaneously.
Creation of two or more dwelling units by conversion of an
existing residential structure.
Any sales or business which involves direct visitation by
and sale to the general public which comes to the site whether limited
to membership, such as buyers' clubs and the like, or open to the
general public.[10]
A facility the primary purpose of which is recreation or conference facilities, which consists of housing facilities to support the resort, which housing facilities can include a hotel, motel, motor lodge, cabins, or cottages. To qualify as a resort all of the recreational and housing facilities must be on a single tract of land under single ownership and unified control and management of one person, corporation, association, or group. A resort may combine multiple uses permitted in § 255-26, and may include and be combined with residential uses such as a cluster development on a single lot, subject to the requirement of unified ownership, control and management in this definition.
Any facility on which food is prepared to be eaten on the
premises, or which is prepared on the premises to be taken off the
premises either by the operator of the facility or by customers of
the facility. Such definition shall include sit-down service for meals
or food, fast-food restaurants, facilities which prepare food to be
taken off of the facility, including but not limited to pizza shops,
hoagie or sub shops, delicatessens (other than those located in food
stores), caterers who prepare food on the premises, whether for consumption
on or off the premises, and other similar type facilities.
A structure that holds back earth or water from a building
or other structure, stabilizing soil and/or rock from downslope movement
or erosion and providing support for vertical or near-vertical grade
changes. Retaining walls are generally made of masonry, stone, brick,
concrete, vinyl, steel or timber. Designs for a retaining wall to
be four feet or higher must be certified by a professional engineer.
[Added 12-9-2014 by Ord. No. 2014-6]
The entire portion of a public street, road, highway, public
or private use, which is dedicated for the particular use. As to the
right-of-way for a public street, road, or highway, the right-of-way
shall be the entire width of any land reserved or dedicated to the
Township or the commonwealth either by subdivision or land development
plan or by statute, whichever is greater.
See "cartway."
A dumpster container which is delivered by and rolled off
the back of a truck, the design and purpose of which is for temporary
placement at construction, renovation, or demolition sites for containing
and removing waste, trash, or debris. This term does not include dumpsters
which are permanently placed for normal household trash, such as at
commercial, agricultural, and industrial locations or apartment complexes.
[Added 11-13-2007 by Ord. No. 2007-5]
A parabolic ground-based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a "dish-shaped antenna," used or intended to receive radio or electromagnetic
waves from an overhead satellite or other sources.
Buildings and premises where gasoline, oil, grease, batteries,
tires, and automobile accessories may be supplied and dispensed at
retail. Uses permissible at a service station do not include major
mechanical and body work, straightening of body parts, painting, welding,
storage of automobiles not in operating condition, or other work involving
noise, glare, fumes, smoke, or other characteristics to an extent
greater than normally found in filling stations. A service station
is not a repair garage nor a body shop.
See "building lines."
A group of stores or commercial establishments planned, designed,
constructed, or established and managed as a total entity with shared
customer and employee parking on the site as an integral part of the
site plan.
For the purposes of this chapter, short-term rental shall be defined as that term is defined in Chapter 165, Rentals, Short-Term.
[Added 12-10-2019 by Ord. No. 2019-3]
Any material, structure or device, or part thereof,
composed of lettered or pictorial matter when used or located out
of doors or outside or on the exterior of any building, including
window display area, for display of an advertisement, announcement,
notice, directional matter or name, and includes sign frames, billboards,
sign boards, painted wall signs, hanging signs, illuminated signs,
pennants, fluttering devices, string of lights, projecting signs or
ground signs, and shall also include an announcement, declaration,
demonstration, display, illustration or insignia used to advertise
or promote the interests of any person or business when the same is
placed in view of the general public.
For the purpose of determining number of signs,
a sign shall be considered to be a single display surface or display
device containing elements organized, related and composed to form
a unit. Where matter is displayed in a random manner without organized
relationship or elements, or where there is reasonable doubt about
the relationship of elements, each element shall be considered to
be a single sign.
ADVERTISING SIGNA sign whose major purpose is for directing attention to a business commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
ATTACHED SIGNA sign attached, painted or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
BUSINESS SIGNA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
DIRECTIONAL SIGNA sign which directs people to: a community; an event of public interest; public uses and buildings; uses and buildings of service and charitable organizations; and uses and buildings of a commercial nature, provided that no advertising matter other than identifying name or symbol shall be contained on signs of this type.
FREESTANDING SIGNA sign supported by uprights or braces placed upon or in the ground and not attached to a building.
PERMANENT SIGNA sign permanently attached or applied to a building or structure or permanently anchored into the ground and which cannot easily be moved. Permanent signs may have either permanent or replaceable lettering.
PORTABLE SIGNA temporary sign, of any material, with or without changeable type lettering, illuminated or nonilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground, often referred to as a "mobile sign."
PROJECTING SIGNA sign which is attached to a building or other structure and which extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.
SIDEWALK SIGNAny A-frame, inverted V-shaped or similar structure resting on the ground with no permanent attachment and used for display as a temporary commercial business sign.
TEMPORARY SIGNA sign which is anchored to the ground or attached to a building or structure with weights, cables, pins, braces, or stakes and which can be easily moved. Temporary signs are displayed for a limited period of time.
A scientific survey of soil conditions and characteristics,
prepared by an engineer or soil scientist and approved or certified
by the Soil Conservation Service in the County.
A right, expressed as an easement, restriction, covenant,
or condition contained in any deed, contract, or other written instrument
executed by or on behalf of any landowner for the purpose of assuring
adequate access to direct sunlight for solar energy systems.
[Added 11-9-2021 by Ord. No. 2021-5]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 11-9-2021 by Ord. No. 2021-5]
A solar photovoltaic cell, module, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
[Added 11-9-2021 by Ord. No. 2021-5]
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
Items, including a solar photovoltaic cell, module, or array,
or solar hot air or water collector device panels, lines, pumps, storage
batteries, mounting brackets, framing and possibly foundations or
other structures, used or intended to be used for collection, storage,
and transmission of solar energy.
[Added 11-9-2021 by Ord. No. 2021-5]
For floodplain management and flood insurance purposes only,
the "start of construction" means either: 1) the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or 2) the placement
of a manufactured home on a foundation. "Permanent construction" as
used in this definition does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, and any other ways used or intended for use
by vehicular traffic or pedestrians whether public or private. The
word "street" includes the entire right-of-way and is not limited
to the cartway area.
The dividing line between a lot and a street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land (see "unenclosed
structure").
Any change in the supporting members of a building, such
as beams, columns, or girders.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure where the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
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,
regardless of the actual repair work performed. The term does not,
however, include either:
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 or zoning enforcement official and which are the minimum necessary
to assure safe living conditions; or
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
The East Manchester Township Board of Supervisors.
Any structure intended for swimming, recreation bathing,
or wading that contains water over 24 inches deep. This includes but
is not limited to in-ground, aboveground and on-ground pools, hot
tubs, spas, and fixed-in-place wading pools.
COMMERCIAL POOLAny pool, whether for profit or private membership, not classified as a residential pool is considered a commercial pool.
RESIDENTIAL POOLAny pool for use by not more than two families situated on the premises of a detached one- or two-family dwelling or a one-family townhouse not more than three stories in height.
A collapsible shelter of canvas or other material.[11]
The Township of East Manchester, York County, Commonwealth
of Pennsylvania.
Any lot, parcel, or tract of land upon which two or more
tents, camping trailers, travel trailers, pickup coaches, motor homes
or any combination thereof are located or parked for occupancy. Such
camp shall not rent or sell tents or trailers or permit the parking
or storage of occupied or unoccupied mobile homes, nor shall it include
any eating facilities other than an enclosed snack or lunch counter.
This definition does not include camps of the types that are commonly
known as "summer camps" or state and federally operated facilities.
A vehicular, portable structure built on a chassis, designed
as a temporary dwelling for travel, recreation and vacation, having
body width not exceeding eight feet and body length not exceeding
32 feet.
A structure which is open to the air on at least one full
side, which shall be interpreted to mean that there is at all times
unobstructed airflow along the full length. Screens shall be permitted,
but no all-weather covering shall be permitted, including but not
limited to walls, windows, glass enclosures or sliding doors, or any
other material which would prevent or restrict the free flow of air
along that length.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
[Added 11-13-2007 by Ord. No. 2007-5]
PRINCIPAL USEThe main or primary use of property or structures, measured in terms of net floor area or, where no net floor area exists, measured in terms of net land area.
TEMPORARY USEA use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. Temporary uses usually do not involve the construction or alteration of any permanent building or structure.
An accessory structure that is a fully enclosed, removable
structure, accessory to a residential building, and covering less
than 200 square feet, used for storing tools, furniture, equipment,
and other materials of similar type.
[Added 9-13-2016 by Ord.
No. 2016-3]
The permission, granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised, for a particular
modification to some regulation or provision of the zoning provisions
of this chapter which, if strictly adhered to, would result in an
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.
A building or group of buildings primarily used for the storage,
transfer and distribution of products and materials, but not including
mini-storage facilities.
Any sale of goods or products which is not retail.
A device which converts wind energy to electrical or mechanical
energy.
The blades and hub that are used to capture wind for purposes
of energy conversion. The wind rotor is usually located on a tower
and, along with other generating and electrical storage equipment,
forms the wind energy conversion system.
The portions of a lot not occupied by a dwelling.
FRONT YARDThe open, unoccupied space on the same lot with the dwelling extending the full width of the dwelling projected to the sidelines of the lot. The depth of the front yard shall be measured between the front line of the dwelling and the street line. For purposes of defining a front yard, porches, uncovered stairs and landings to the main floor shall be considered as part of the dwelling.
REAR YARDThe open, unoccupied space on the same lot with the dwelling extending the full width of the dwelling projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the dwelling and the rear lot line. This definition shall not include attached unenclosed structures as defined in this chapter.
SIDE YARDThe open, unoccupied space on the same lot with the dwelling, situated between the dwelling and the side lot line, and extending from the front yard to the rear yard. Any lot line not a front lot line or a rear lot line shall be deemed a side lot line.
[1]
Editor's Note: The former definition of "base flood," which
immediately followed this definition, was deleted 11-10-2009 by Ord.
No. 2009-3.
[2]
Editor's Note: See 53 P.S. § 10301 et seq.
[3]
Editor's Note: The former definition of "cover," which immediately
followed this definition, was deleted 11-10-2009 by Ord. No. 2009-3.
Additionally, the definition of "day-care center," which followed
this definition, was repealed 12-9-2014 by Ord. No. 2014-6; see now
the definition of "child day-care facilities."
[4]
Editor's Note: The former definition of "essentially dry space,"
which immediately followed this definition, was deleted 11-10-2009
by Ord. No. 2009-3.
[5]
Editor's Note: The former definition of "flood of record,"
which immediately followed this definition, was deleted 11-10-2009
by Ord. No. 2009-3.
[6]
Editor's Note: The former definition of "floodway," which
immediately followed this definition, was deleted 11-10-2009 by Ord.
No. 2009-3.
[7]
Editor's Note: The former definition of "historic structure,"
which immediately followed this definition, was deleted 11-10-2009
by Ord. No. 2009-3.
[8]
Editor's Note: The former definition of "home association,"
which immediately followed this definition, was deleted 11-10-2009
by Ord. No. 2009-3.
[9]
Editor's Note: See 26 U.S.C. § 501(c).
[10]
Editor's Note: The former definition of "regulatory flood
elevation," which immediately followed this definition, was deleted
11-10-2009 by Ord. No. 2009-3.
[11]
Editor's Note: The former definition of "tourist home," which
immediately followed, was repealed 12-10-2019 by Ord. No. 2019-3.
