Unless otherwise expressly stated, the following terms, words
and phrases shall be construed throughout this chapter to have the
meanings herein stated. Applicable regulations, stated in conjunction
with these definitions, shall be complied with. The singular shall
include the plural, and the plural shall include the singular. The
present tense shall include the future tense. The word "shall" is
always mandatory. The words "used for" shall include "designed for."
See "building, accessory."
A self-contained dwelling unit which is accessory and subordinate
to the principal dwelling on a lot.
[Added 9-21-2009 by Ord. No. 391-09; amended 1-15-2018 by Ord. No. 433-18]
See "structure, accessory."
See "use, accessory."[1]
The development of a new use for an older building or for
a building originally designed for a special or specific purpose.
[Amended 8-19-2013 by Ord. No. 417-13; 11-21-2022 by Ord. No. 453-22]
The design of a building and a site that is referential to
the context of the property that has existed for 50 or more years,
and that is aimed at the protection of historic structures.
[Added 11-21-2022 by Ord. No. 453-22]
Any change to any portion of a building or structure for
the same or different use, or enlargement to or diminution of a building
or structure.
[Amended 11-21-2022 by Ord. No. 453-22]
A sign with action or motion, flashing, color changes requiring
electrical energy, light-emitting diodes (LED) or other light sources
as part of the sign or sign face, electronic or digital sign face,
electronic manufactured sources of supply, but not including static
LED fuel price signs or wind-actuated elements such as flags, banners,
or specialty items.
[Amended 6-4-2012 by Ord. No. 408-12; 6-3-2013 by Ord. No.
414-13]
APARTMENTA dwelling unit constituting a separate living area containing independent cooking and sleeping facilities for one family, physically separated from any other dwelling unit, typically in a multifamily building consisting of three or more apartment units (apartment house or apartment development).
APARTMENT ACCESSORY TO A NONRESIDENTIAL USEAn upper-floor dwelling unit within a nonresidential building connected together, constituting a separate living area containing independent cooking and sleeping facilities for one family, physically separated from any other dwelling unit, and located on the second floor or higher above a separate nonresidential use located in the same structure.
APARTMENT, GARDENOne or more two- or three-story, multifamily structures containing separate apartments with individual access typically from a common hall, although individual entrances can be provided. Dwelling units can be located back-to-back, adjacent, or on top of one another.
APARTMENT, QUADRAPLEXFour attached apartment units in one building in which each unit has two open space exposures and shares one or two walls with adjoining units.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his, her or its heirs,
personal representatives, successors and assigns.
[Added 9-21-2009 by Ord. No. 391-09]
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to, an application for a building permit
or for the approval of a subdivision plan or plot.[2]
[Added 9-21-2009 by Ord. No. 391-09]
A use where the principal and accessory buildings used for
sale of gasoline, oil and motor vehicle accessories and/or the servicing
of motor vehicles, including washing of cars and minor repairs, but
not for body and fender work or painting.
The use of any building or structure where the maintenance,
servicing, repair, or painting of vehicles is conducted or rendered.
The use of any building, structure, or lot for the display
and sale of new or used automobiles, panel trucks or vans, trailers,
or recreational vehicles and including any warranty repair work and
other repair service conducted as an accessory use.
Any sign painted on or applied to a structure made of cloth,
canvas, metal or similar material which is affixed to a building and
projects therefrom.
[Amended 6-3-2013 by Ord. No. 414-13; 1-15-2018 by Ord. No. 433-18]
Any building wherein the primary occupation or use is concerned
with such businesses as banking, savings-and-loan associations, credit
unions, loan companies, mortgage companies, or investment companies.
A sign consisting of lightweight, flexible material that
is supported by frame, rope, wires or other anchoring devices, which
may or may not include copy, logo or graphic symbols.
Any enclosed space having more than 1/2 of its floor-to-ceiling
height below the average level of the adjoining ground.
A repetitive vertical division of an exterior facade, as
well as the vertical division in the architectural arrangement of
a building marked by such elements as pilasters, the disposition of
piers and pillars, or any other repeated spatial units.
[Added 11-21-2022 by Ord. No. 453-22]
Any source of electric light, whether portable or fixed,
the primary purpose of which is to cast a concentrated beam of light
generally skyward as a means of attracting attention to its location
rather than to illuminate any particular sign, structure, or other
object.
An owner-occupied building designed, used and occupied as
a single-family residence, having, as an accessory use therein, public
lodging rooms and facilities for and serving breakfast and afternoon
tea prepared within the building to preregistered transient guests.
[Amended 1-15-2018 by Ord. No. 433-18]
Measures employed to control stormwater runoff BMPs include
structural and nonstructural practices that prevent adverse impacts
to streams and other watercourses and protect watersheds from the
damaging affects of uncontrolled stormwater runoff. The primary reference
for implementation of BMPs in the Township shall be the Pennsylvania
Handbook of Best Management Practices for Developing Areas, published
by the Pennsylvania Department of Environmental Protection, Pennsylvania
Association of Conservation Districts, Inc., Natural Resources Conservation
Service, and Keystone Chapter, Soil and Water Conservation Society,
Spring 1998, or as amended.
A freestanding off-premises sign.
An area bounded by streets.
[Added 9-21-2009 by Ord. No. 391-09]
Plantings placed along the boundary of a lot and around stormwater
management basins, to diminish and mitigate views of a development
from off site.
[Amended 12-15-2014 by Ord. No. 424-14]
Plantings placed between incompatible land uses or zoning
districts to obscure views of the adjacent property or use.
Any structure having a roof supported by enclosing walls
or columns and intended for the shelter, housing, or enclosure of
any use or occupancy, permanently located on the land.
DETACHED BUILDINGA building which has no party wall.
SEMIDETACHED BUILDINGA building having one shared or party wall in common with an adjoining building.
ATTACHED BUILDINGA building in a group of more than two buildings wherein there are two or more party walls in common with the adjoining buildings, provided that there are no more than eight such buildings in a group.
A building that is not a principal building or structure
and which is used for purposes that are entirely incidental and subordinate
to those of the principal building or structure and located on the
same lot. For purposes of this chapter, structures such as but not
limited to tennis courts, swimming pools, bathhouses, carports, breezeways
and garages shall be considered accessory structures.
[Amended 1-15-2018 by Ord. No. 433-18]
The vertical distance from the average grade (the average
of the grades taken at ten-foot intervals around the building perimeter)
to the top of the highest roof beams of a flat roof, or to the mean
level of a sloped roof, provided that chimneys and spires shall not
be included in measuring the height. Elevator, stair and equipment
penthouses, tanks and air-conditioning towers shall not be included.
The height shall be measured from finished grade, but such measurement
shall not be made from a point higher than four feet above original
grade.
[Amended 1-15-2018 by Ord. No. 433-18]
A commercial use involving the storage of and/or sales and
display of building materials, such as lumber, masonry, plumbing and
electric supplies and HVAC equipment.
The main building on a lot or any building that is not an
accessory building. Each single-family dwelling or apartment building
and each commercial, industrial or institutional building which houses
a separate commercial, industrial or other enterprise, or a group
of permitted commercial or industrial uses, shall be construed to
be a principal building for the purposes of this chapter.
The line, uniformly equidistant from an adjacent street line,
established by the required front yard, within a property that defines
the minimum required distance between any building to be erected and
an adjacent street right-of-way. In the case of an existing interior
lot not fronting a street for its entire width, the building setback
line shall be a line parallel to the street right-of-way measured
from the property interior line nearest the street, defining the minimum
distance in which no building may be constructed.
A line which dictates the placement of a building or structure
from the street right-of-way on which the building or structure fronts.
On a corner lot, there shall be a build-to line on each side of a
lot abutting a street. In the case of an interior lot, the build-to
line shall be measured as defined for the interior of lots under "building
setback line."
A business that supports a business process but does not
produce a tangible commodity.[3]
[Added 1-15-2018 by Ord.
No. 433-18]
An office for the management, consulting, recordkeeping,
and clerical work of a commercial, industrial, mercantile, or service
enterprise and not for the sale of goods located on the property or
for personal services rendered such as in the definition of "personal
service, commercial" below.
A sign directing attention to a business, commodity, service
or entertainment conducted, sold or offered upon the same premises
as those upon which the sign is maintained.
The diameter of a tree trunk measured at a point six inches
above the ground for trees up to and including four inches in caliper
size. For trees of larger-size caliper, the measurement is taken 12
inches above the ground level.
The portion of a street right-of-way, paved or unpaved, customarily
used by vehicles in the regular course of travel over the street.
[Added 9-21-2009 by Ord. No. 391-09]
A statement signed by a duly authorized official (such as
the Building Code Officer) setting forth that a building, structure,
or use legally complies with the Building Code and this chapter and
that the same may be used for the purpose stated therein.
A person with a bachelor's degree in archeology and at least
two years of full-time experience in the study of human history and
prehistory through the excavation of sites and the analysis of artifacts
and other physical remains.
[Added 11-21-2022 by Ord. No. 453-22]
A person with a bachelor's degree in architectural history,
art history, historic preservation, or architecture, and at least
two years of full-time experience in American architectural history
or restoration architecture.
[Added 11-21-2022 by Ord. No. 453-22]
Copy containing or displaying letters, numbers or graphics
that is designed to be readily changed, as for a theater marquee,
gas station or similar use.[4]
The complete removal of all trees on a site, or any portion
thereof, greater than 1/2 acre in contiguous area, during a single
timber harvesting operation or within a three-year period.
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 lines.[5]
[Added 9-21-2009 by Ord. No. 391-09]
ADULT DAY-CARE CENTERA commercial or nonprofit facility where daytime supervision is provided for adults not related to the caregiver, where tuition, fees, or other forms of compensation may be charged, and where the facility is not being used as a family residence.
CHILD DAY-CARE CENTERA commercial or nonprofit facility which exclusively provides supplemental parental care and/or instruction to children not related to the caregiver or operator, where tuition, fees, or other forms of compensation may be charged, where the facility is not being used as a family residence, and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities, that is operated as a business where the use of such place
or facility is available for a fee.
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 the development, but not
including streets, off-street parking areas, and areas set aside for
public facilities. Common open space shall be substantially free of
structures but may contain such improvements as are in the subdivision
or development plan as finally approved and as are appropriate for
the recreation of residents.
[Added 9-21-2009 by Ord. No. 391-09]
A building used for recreational, social, educational, and
cultural activities, usually owned and operated by a public or nonprofit
group or agency.
See "use, conditional."
The planned management of a natural resource to prevent its
exploitation, destruction or neglect.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A community that offers several levels of assistance, including
independent living, assisted living and nursing home care. It is different
from other housing and care facilities for seniors because it usually
provides a written agreement or long-term contract between the resident
(frequently lasting the term of the resident's lifetime) and the community
which offers a continuum of housing, services and health care system,
commonly all on one campus or site [from Assisted Living Federation
of America (ALFA)]. Such facilities shall be operated for mature adults,
generally 55 years old or older, that may include one or any combination
of an independent living facility, assisted living facility, or nursing
home, as follows:
INDEPENDENT LIVINGA residential living setting for elderly or senior adults that may or may not provide hospitality or supportive services. Under this living arrangement, the senior adult leads an independent lifestyle that requires minimal or no extra assistance. Generally referred to as "elderly housing" in the government-subsidized environment, "independent living" also includes rental-assisted or market-rate apartments or cottages where residents usually have complete choice in whether to participate in a facility's services or programs (from ALFA).
ASSISTED LIVINGA special combination of housing, personalized supportive services and health care designed to meet the needs, both scheduled and unscheduled, of those who need help with activities of daily living. Services provided in assisted living residences usually include:
Three meals a day served in a common dining area.
Housekeeping services.
Transportation.
Assistance with eating, bathing, dressing, toileting and walking.
Access to health and medical services.
Twenty-four-hour security and staff availability.
Emergency call systems for each resident's unit.
Health promotion and exercise programs.
Medication management.
Personal laundry services.
Social and recreational activities (from ALFA).
NURSING HOMEProvides twenty-four-hour skilled care for the more acute patients. Patients generally rely on assistance for most or all daily living activities (such as bathing, dressing and toileting) (from ALFA). One step below hospital acute care. Regular medical supervision and rehabilitation therapy are mandated to be available, and nursing homes are eligible to participate in the Medicaid program. These facilities are state licensed. Also referred to as "nursing facility" or "convalescent home" (from ALFA).
A building that is part of a group of buildings in a neighborhood
that has existed for 50 or more years.
[Added 11-21-2022 by Ord. No. 453-22]
A retail activity designed to serve a local market, which
involves a delicatessen, small food, and sundries market. These uses
may also be accompanied by the sale of automotive fuels, subject to
the applicable zoning district ordinance provisions.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street.
[Added 9-21-2009 by Ord. No. 391-09]
The customary material traits of Easttown Township, manifest
through the built environment.
[Added 11-21-2022 by Ord. No. 453-22]
A structure that is an unroofed platform supported by pillars
or posts, either freestanding or attached to the principal structure.
Decks under 30 inches in height may encroach into the rear and side
yard setbacks, but shall not be located closer than 10 feet to the
property line. Decks 30 inches or more in height shall meet all applicable
setbacks for the zoning district in which the structure is located.
The structure shall be considered a pervious surface so long as the
deck surface is open (allowing for water to pass between gaps in the
deck surface) and the ground surface below the deck allows for the
infiltration of water.
[Amended 9-21-2009 by Ord. No. 391-09; 1-15-2018 by Ord. No. 433-18]
The dismantling, razing, destroying, or wrecking of any building
or structure.
[Added 11-21-2022 by Ord. No. 453-22]
The exercise of design principles pertaining to historic
structures to address the form, composition, scale, proportion, massing,
and volume of a building on a property in a neighborhood that has
existed for 50 or more years.
[Added 11-21-2022 by Ord. No. 453-22]
Any landowner, agent of such landowner or tenant with the
permission of such landowner who files an application for subdivision
or land development approval or for zoning approval.
[Added 9-21-2009 by Ord. No. 391-09]
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.[6]
A freestanding sign with two identical faces of equal sign
area which are back-to-back and no more than two feet apart.
The flow of water or liquid waste and the method of directing
flow, whether natural or artificial.
[Amended 9-21-2009 by Ord. No. 391-09]
An establishment where, by design, physical facilities, services,
or packaging procedures encourage or permit customers to receive services
or obtain goods while remaining in their vehicles.
SINGLE-FAMILYA building, on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building, on a lot, designed and occupied exclusively as a residence for two families, living independently of one another, in one of the following configurations:
DUPLEXA building designed for and occupied exclusively as a residence, containing two dwelling units, in an "over and under" arrangement, separated by a horizontal common or party wall and having yards on all sides.
TWINA building designed for and occupied exclusively as a residence, containing two dwelling units separated by a vertical common or party wall and having yards on all but one side.
TOWNHOUSEA single-family attached dwelling unit in a row of at least three, but not more than six, such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
[Added 1-15-2018 by Ord.
No. 433-18]
MULTIFAMILYA building on a lot designed for and occupied by more than two families.
[Amended 12-15-2014 by Ord. No. 424-14; 1-15-2018 by Ord. No. 433-18]
A single residential unit providing complete independent
living facilities for one family, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
[Amended 9-21-2009 by Ord. No. 391-09]
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.
Use of land or building(s) for the establishment and maintenance
of a public or private college, secondary or elementary school, or
other educational institution for the primary purpose of instruction
and learning during daytime hours; a use requiring certification,
licensing, or review by the Pennsylvania Department of Education.
Notice given by the Township through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 6-2-2014 by Ord.
No. 422-14; amended 12-15-2014 by Ord. No. 424-14]
A licensed professional engineer registered by the Commonwealth
of Pennsylvania.
[Added 9-21-2009 by Ord. No. 391-09]
To build, construct, attach, hang, place, suspend or affix;
shall also include the painting of wall signs or other graphics.
The change to the siding, roof, or fenestration of the outside
of a building or structure.
[Added 11-21-2022 by Ord. No. 453-22]
The front or face of a building up to the roofline that looks
onto a street (or streets in the case of a corner lot).
[Amended 11-21-2022 by Ord. No. 453-22]
A single person; or
Any number of persons related by blood, marriage or adoption,
including foster children and including not more than two other persons,
for example, boarders, lodgers or domestic help; or
Unrelated persons living together as a single cooperative household
unit, however, excluding occupants of a rooming/boardinghouse or dormitory;
or
A group of individuals with disabilities living together as
a single cooperative household unit and entitled to a reasonable accommodation
to allow them adequate housing choices pursuant to the Federal Fair
Housing Amendments (42 U.S.C. § 3601 et seq., as amended)
and the Pennsylvania Human Relations Act (43 P.S. §§ 951
through 963, as amended).
[Amended 6-2-2014 by Ord.
No. 422-14; 1-15-2018 by Ord. No. 433-18]
A parcel of land used for agricultural purposes such as growing
crops, grazing of livestock, growing fruit trees, or similar uses.
A structure serving as an enclosure, barrier or boundary
made of posts, gates, stakes, boards, wire or rails or similar materials.
[Amended 12-15-2014 by Ord. No. 424-14]
A fence with the ratio of the open portion to the solid portion
of not less than four to one.
The vertical distance of such structure measured from the
ground's existing undisturbed contour to the top of the highest component,
including ornamental caps and sculptures, of the fence or wall.
[Amended 12-15-2014 by Ord. No. 424-14]
The arrangement of windows and doors on the facade of a building.
[Added 11-21-2022 by Ord. No. 453-22]
An electrically lighted sign comprised of either:
A piece of fabric or other material of distinctive design
that is used as a symbol of a nation, state, city, agency or corporation
and which is usually displayed hanging free from a staff or halyard.
A sign whose illumination is not kept constant in intensity
at all times when in use and which exhibits changes in light, color,
direction, or animation. Illuminated signs that indicate the date,
time, and temperature will not be considered flashing signs.
A temporary inundation of normally dry land areas.
[Amended 5-15-2017 by Ord. No. 428-17]
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "100-year flood" or one-percent-annual
chance flood).[7]
[Amended 5-15-2017 by Ord. No. 428-17]
A relatively flat or low land 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
or runoff of surface waters from any source.
[Amended 5-15-2017 by Ord. No. 428-17]
A channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
[Amended 5-15-2017 by Ord. No. 428-17]
The horizontal part of a building, that forms its lower enclosing
surface and upon which one walks.
[Added 1-15-2018 by Ord.
No. 433-18]
The total area of all floors measured to the outside finished
surfaces of permanent outer building walls, without any deductions.
All enclosed floors of the building, including basements, attic, garages,
mechanical equipment floors, penthouses, and the like, shall be calculated
as a part of gross floor area.
The total area of all floors within a building which is available
and suitable for the business or use conducted within the building,
including all lavatory areas, corridors, storage areas and other areas
used to keep stock and inventory. This term shall be exclusive of
the floor area included in party and outside walls, stairwells, overhangs,
loading docks, elevator shafts, common hallways, storage areas in
basements, and any room or area dedicated to the heating equipment,
air-conditioning equipment, or other utility areas necessary for the
operation of the building.
[Added 9-21-2009 by Ord. No. 391-09]
The total area of the floors of a residential use, measured
from the face of the interior walls and excluding the following: unfinished
basement space, elevator shafts, stairwells, attic space, roof, terraces,
exterior balconies, breezeways or porches, enclosed space devoted
to heating, air-conditioning or other mechanical equipment, and any
space located in an accessory building or structure. For the purposes
of a bed-and-breakfast facility, the sum of the area of the several
floors of the residence measured from the face of the interior walls,
excluding basement space, elevator shafts, stairwells, attic space,
roof, terraces, exterior balconies, breezeways or porches, space devoted
to heating, air-conditioning or other mechanical equipment and any
space located in an accessory building or structure.
[Added 9-21-2009 by Ord. No. 391-09; amended 1-15-2018 by Ord. No. 433-18]
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 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 requirements of this chapter.
For the purposes of a bed-and-breakfast facility, the sum of
the area of the several floors of the residence measured from the
face of the interior walls, excluding basement space, elevator shafts,
stairwells, attic space, roof, terraces, exterior balconies, breezeways
or porches, space devoted to heating, air conditioning or other mechanical
equipment and any space located in an accessory building or structure.
[Added 12-15-2014 by Ord.
No. 424-14]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling of trees for profit,
which does not involve any land development, specifically the uprooting
or removal of more than four trees of greater than six inches dbh
per acre from any lot which has a gross area prior to any subdivision
or land development of more than three acres, and, when required,
is undertaken in compliance with an approved timber harvesting plan.
Forestry, as defined by the Municipalities Planning Code, shall be
considered timber harvesting. Timber harvesting does not include the
clearing of land for approved construction or the creation or maintenance
of approved roads.
[Amended 1-15-2018 by Ord. No. 433-18]
A sign and supporting structure which is secured in the ground
and independent of any building, fence or other support. For the purpose
of this definition, freestanding signs may consist of the following:
GROUND SIGNA sign designed to be viewed at eye level or below within the immediate vicinity and which is intended to be designed and viewed as an architecturally unified and proportional element.
[Amended 1-15-2018 by Ord. No. 433-18]
POLE SIGNA sign which is detached from a building and supported by no more than two poles or other structural supports which are architecturally dissimilar to the design of the sign.
A classification of roadways based on traffic volumes, access,
and other factors as denoted in the Easttown Township Comprehensive
Plan.
[Amended 1-15-2018 by Ord. No. 433-18]
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
A residential accessory structure designed, built or used
by the owner or tenant of the principal structure on a lot in which
no business, service, or industry connected directly, or indirectly,
with motor vehicles is conducted.
A structure, not a residential garage, used for the repair,
servicing, or storage of motor vehicles.
[Amended 1-15-2018 by Ord. No. 433-18]
An organized, unlighted playing area containing a minimum
of nine holes, constructed according to PGA and USGA standards and
excluding miniature golf courses and driving ranges.[8]
A reference plane representing the average finished ground
level adjoining the building at all exterior walls.
[Added 1-15-2018 by Ord.
No. 433-18]
The required open area on a lot consisting of an unpaved
natural surface such as a grassed area.
A store at which the primary activity is the selling of perishable
goods for profit.
A place designed and equipped for the conduct of sports and
leisure-time activities such as an enclosed gymnasium for court sports
such as basketball or an open field for outdoor field sports such
as softball or soccer.[9]
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields and may occur naturally or be specially planted (e.g.,
as a windbreak). For the purposes of this chapter, hedgerows are considered
woodlands and regulated as such, regardless of area or tree size.
The neighborhood setting for a group of historic buildings
or structures.
[Added 11-21-2022 by Ord. No. 453-22]
Any historic structure.
[Added 11-21-2022 by Ord. No. 453-22]
Any structure that is:
[Amended 11-21-2022 by Ord. No. 453-22]
A dwelling, other building, or other structure that is designated
as either a National Register site or national historic landmark or
considered a significant historic resource by the Township as listed
on Map 3-4 of the Easttown Township Comprehensive Plan; or
The applicant can document to the satisfaction of the Zoning
Officer that the dwelling, other building, or other structure is more
than 50 years old.
A major home occupation in which a private residence is used
for the care and supervision of between four and six children or adults
not related to the caregiver. For day care provided for more than
six children see "commercial day-care center."
[Amended 1-15-2018 by Ord. No. 433-18]
A home occupation that does not meet one or more of the criteria listed under § 455-61C and otherwise complies with the applicable criteria of the chapter shall be defined as a "major home occupation/major home-based business."
[Amended 1-15-2018 by Ord. No. 433-18]
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 neither customer, client, nor patient
traffic, and no pickup, delivery, or removal functions, in excess
of those normally associated with residential use.
[Amended 1-15-2018 by Ord. No. 433-18]
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, and other physical or mental conditions
and including, as an integral part of the institution, related facilities,
such as laboratories, outpatient facilities, and medical offices.
A building offering short-term accommodations to the general
public for compensation and in some circumstances providing additional
services, such as restaurants, meeting rooms, entertainment, and recreational
facilities.
[Amended 11-21-2022 by Ord. No. 453-22]
A wall sign indicating the name or address of a building
or the name of the management thereof.
All of the areas within which Easttown Township has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and the Flood Insurance Study, but may include additional areas identified by the Township. See Chapter 220, Floodplains, for additional information about what areas the Township has included in the identified floodplain area.
[Added 5-15-2017 by Ord.
No. 428-17]
A nonflashing or nontwinkling sign which has letters, figures,
designs or outlines illuminated by a lighting source as a part of
the sign.
Land that is occupied by principal and accessory structures,
buildings, streets, overhangs greater than two feet, asphalt, concrete,
driveways, parking areas, pools (excluding the water surface area),
grass pavers, pervious paving, gravel and/or crushed stone, and other
man-made cover that prohibits or slows the percolation and infiltration
of water into the soils. A generator of 12 square feet or less when
proposed on residential property shall not be considered an impervious
surface.
[Amended 6-2-2014 by Ord.
No. 422-14; 12-15-2014 by Ord. No. 424-14; 11-21-2022 by Ord. No. 453-22]
IMPERVIOUS SURFACE, MAXIMUMThe percentage of allowable impervious surface calculated by using the lot area exclusive of any street or railroad rights-of-way, utility easements and flag lot access strips, easements for fuel or communications transmissions, whether below- or aboveground, that do not exclusively serve the lot traversed, aboveground stormwater management basins greater than 18 inches in depth that do not exclusively serve the lot, and below-ground stormwater management basins.
Grading, paving, curbing, streetlights, fire hydrants, water
mains, sanitary sewers, storm sewers, detention basins, retention
basins, culverts, streets, sidewalks, monuments, open space improvements,
recreation facilities, buffer and screen plantings, street and replacement
trees and similar improvements.[10]
[Added 9-21-2009 by Ord. No. 391-09]
Natural or artificial bodies of water which retain water
year-round. Artificial bodies of water may be created by dams or result
from excavation. Lakes are bodies of water two or more acres in area.
Ponds are bodies of water less than two acres in area.
[Added 9-21-2009 by Ord. No. 391-09]
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose 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.
A construction or other human activity which disturbs the
surface of land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, land development, agricultural
plowing or tilling, timber harvesting activities, road maintenance
activities, mineral extraction, and the moving, depositing, stockpiling,
or storing of soil, rock, or earth materials.
The legal, equitable, 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 conditions), a lessee
if he is authorized under the lease to exercise the rights of the
landowner, or other person having a proprietary interest in the land.
A landscape architect registered in the Commonwealth of Pennsylvania
or any other state having a reciprocal registration agreement with
Pennsylvania.
A lot or parcel of land that contains a wireless communications
facility and associated parking, if any, and may include other uses
associated with and ancillary to wireless communication transmission.
[Amended 12-15-2014 by Ord. No. 424-14]
An establishment providing washing, drying, or dry-cleaning
machines on the premises for rental/use to the general public or as
a service for sale to the general public.
A static light-emitting diode numeric sign for the purpose
of displaying fuel pricing only.
[Added 6-3-2013 by Ord. No. 414-13]
The height of a letter from its bottom to its top, including
any shadow lines and other forms of outlining.
The assemblage, production, processing, manufacture, storage
and distribution of materials and products not involving a retail
activity on the lot and not including a junkyard, the slaughtering
of animals or any industry involving the assemblage, production, processing,
manufacturing, storage and distribution of heavy metals, plastics
and similar materials and chemicals.
A graphic mark or emblem commonly used by commercial enterprises,
organizations and individuals to aid and promote instant public recognition.
Logos are either purely graphic (symbols or icons) or are composed
of the name of the organization in the form of a logotype or wordmark.
[Added 6-3-2013 by Ord. No. 414-13]
A designated parcel, lot 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.
[Amended 12-15-2014 by Ord. No. 424-14]
LOT AREA, GROSSThe area of land contained within the limits of the legally described property lines bounding the lot.
LOT AREA, NETThe area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any street or railroad rights-of-way, utility easements and flag lot access strips, easements for fuel or communications transmission, whether below or above ground, that do not exclusively serve the lot traversed, very steep slopes and 50% of moderately steep slopes, aboveground stormwater management basins greater than 18 inches in depth that do not exclusively serve the lot, below-ground stormwater management basins that do not exclusively serve the lot, and areas within riparian buffer zones, along with the natural resources that they protect, provided that at least 50% of the required minimum lot area be contiguous land lying outside of these exclusions.
[Amended 1-15-2018 by Ord. No. 433-18]
LOT, CORNERA lot bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135° or less. See Figure 18-1 below.
LOT, FLAGAn irregularly shaped lot characterized by an elongated extension ("pole") of required minimum width that provides access to a street to the principal part of the lot that does not adjoin a street. See Figure 18-1 below.
LOT, THROUGHAn interior lot having frontage on two streets, also called a "double-frontage lot." See Figure 18-1 below.
LOT LINE, FRONTThe lot line separating the lot from the abutting street line.
LOT WIDTHThe horizontal distance between side lot lines and/or street lines measured at the minimum prescribed building line. See Figure 18-1 below.
LOT COVERAGEThe total area of all impervious surfaces on a lot, including coverage by buildings, structures, and extended roofs, eves, overhangs, asphalt, concrete, grass pavers, pervious paving, or other man-made cover.
[Amended 1-15-2018 by Ord. No. 433-18]
|
Figure 18-1
Lot Diagram
 |
A residential development design option that provides flexibility
in the layout of individual lots in response to natural features and
configuration of a site.
Notice given by the Township by first-class mail of the time
and place of a public hearing and the particular nature of the matter
to be considered at the hearing.
[Added 6-2-2014 by Ord.
No. 422-14; amended 12-15-2014 by Ord. No. 424-14]
A structure intended for permanent occupancy, 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. The term does not include a recreational
vehicle as herein defined.
A permanent, roof-like structure, supported by a wall of
a building, but having no relationship to the roof structure, generally
designed and constructed for protection against weather.
Any sign attached to a marquee for the purpose of identifying
a movie theater or similar place of entertainment.[11]
An intermediate level or levels between the floor and ceiling
of any story, with an aggregate floor area of not more than 1/3 of
the area of the room or space in which the level or levers are located.
[Added 1-15-2018 by Ord.
No. 433-18]
Any action taken to lessen the specified undesirable impacts
of a proposed land use or land disturbance activity, including those
which would adversely affect the health or longevity of a natural
feature, pose a visual intrusion or conflict or otherwise be deemed
incompatible with surrounding properties.[12]
A building containing two or more dwelling units.
[Amended 1-15-2018 by Ord. No. 433-18]
The "Pennsylvania Municipalities Planning Code," Act 247
of 1968, as amended.[13]
Chapter 274, Natural Resource Protection, of the Code of Easttown Township, Chester County, as adopted and amended.
[Amended 1-15-2018 by Ord. No. 433-18]
A component of a landscape existing or maintained as a part
of the natural environment and having ecological value. Such resources
include those which, if disturbed, may cause hazards or stress to
life, property and the natural environment. For the purposes of this
chapter, natural resources shall include but not be limited to wetlands,
floodplain, steep slopes, and woodlands.
The gross lot area of the lot or lots that are held in single
ownership and are proposed for development exclusive of any street
or railroad rights-of-way, and flag lot access strips, very steep
slopes and 50% of moderately steep slopes, aboveground stormwater
management basins greater than 18 inches in depth that do not exclusively
serve the lot, and areas within riparian buffer zones, along with
the natural resources they protect, provided that at least 50% of
the required minimum tract area be contiguous land lying outside of
these exclusions.
[Added 12-13-2016 by Ord.
No. 427-16; amended 11-21-2022 by Ord. No. 453-22]
In the context of the protection of nearby historic structures,
the development of a lot with a new building or buildings that does
not involve exterior renovation or restoration.
[Added 11-21-2022 by Ord. No. 453-22]
See "home occupation."
A lot or site which does not comply with the applicable dimensional
regulations, including those related to site area, net lot area, and
lot width, in this chapter or amendments hereafter enacted where such
lot was lawfully in existence prior to enactment of this chapter or
amendments.
[Amended 12-15-2014 by Ord. No. 424-14]
Any sign which has a valid permit, was erected prior to the
effective date of this chapter or any subsequent amendment hereto
and which does not otherwise conform to the provisions of this chapter.
[Amended 1-15-2018 by Ord. No. 433-18]
A structure which does not comply with the applicable dimensional
regulations, including those relating to maximum impervious surfaces,
building coverage, building height, and setbacks, in this chapter
or amendments hereafter enacted where such structure was lawfully
in existence prior to enactment of this chapter. Such structures include,
but are not limited to, buildings, fences, and swimming pools.
[Amended 12-15-2014 by Ord. No. 424-14]
Use of buildings, structures, premises, land or parts thereof
which does not comply with the applicable use provisions in this chapter
or amendments hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendments.
An area of land and associated structures for retailing and
servicing plants, shrubbery, and trees with intent to sell, either
retail or wholesale, along with other associated retail items such
as pavers, timbers, fertilizers, and other landscaping products; may
or may not be associated with landscape services offered as part of
the establishment.
A commercial sign, to include billboards, which is not located
on the premises or entity indicated or advertised by said sign, or
a commercial sign advertising a commodity, service, or entertainment
offered at a location other than the location of the sign.
A fence with the ratio of the open portion to the solid portion
of not less than 4:1.
[Added 12-15-2014 by Ord.
No. 424-14]
An area of land and/or water, substantially free of structures
and paved areas, permanently restricted for common enjoyment and recreational
use by residents of a development and possibly the general public,
but not including individually owned private yards.
An outdoor patio area of an associated restaurant or tavern,
used for the express purpose of furnishing food and beverages to the
public to be consumed on the premises, and directly abutting and on
the same lot as the principal building in which the associated restaurant
or premises is located.[14]
[Amended 9-21-2009 by Ord. No. 391-09; 1-15-2018 by Ord. No. 433-18]
For the purposes of a bed-and-breakfast facility, an adult
individual, sui juris, but not a corporation, partnership or other
legal entity, limited as follows:
In the case of a single owner: ownership of 100% of the fee
interest in the property;
In the case of a husband and wife: their ownership of 100% of
the fee interest in the property, whether actually occupied by one
or both; or
In the case of a joint tenancy or tenancy in common: ownership
of 100% of the fee interest in the property by no more than two cotenants,
each owning an equal and undivided interest therein.
A dwelling unit which is currently and actively owner-occupied
and primarily utilized as a single-family dwelling, but a portion
of which is rented for the purpose of overnight lodging for a period
of seven days or less. Such use shall be an accessory use to a dwelling
unit.
[Added 11-21-2022 by Ord. No. 453-22]
An off-street, ground-level, open area paved with an all-weather
surface for the temporary storage of motor vehicles.
An outdoor space or a garage space used for parking motor
vehicles and to which there is access from a street, alley or driveway.
[Amended 12-15-2014 by Ord. No. 424-14]
PARKING LOT, PUBLICA parking lot available to the general public, with or without payment of a fee, owned or operated by the Township, private organization or business.
PARKING GARAGEA structure specifically to provide parking to the general public, with or without payment of a fee, owned and operated by the Township, private organization or business. A parking garage may or may not be an enclosed, roofed, or multilevel structure.
PARKING GARAGE/LOT, PRIVATEA parking garage or lot for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which it is located or customers, employees, or whomever else is exclusively permitted by the owner.
A building or portion of a building in which the services
of a person permitted to practice a specific profession are offered
to the general public. Examples of such uses include agents, artists'
studios, barbers, beauticians, photographers, tailors, and similar
uses.
[Amended 11-21-2022 by Ord. No. 453-22]
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, burial, recreational
or other uses not normally associated with worship.
The Easttown Township Planning Commission.
[Added 9-21-2009 by Ord. No. 391-09]
A temporary sign relating to the election of a person to
a public office, or a political party, or a matter to be voted upon
at an election by the general public.
Any sign designed to be transported or moved, including,
but not limited to, signs designed to be transported by wheels, signs
converted to A-frames, or menu and sandwich boards.
Any lot, building, business establishment or combination
thereof held under single lease or ownership.
A minimum of 51% of the actual cash value of the structure,
less land value, is above ground.
The actual and factual place of domicile and abode of the
owner.
A business facility housing the practice of those professionals
who provide a service requiring academic training, including, but
not limited to, accountants, architects, engineers, lawyers, physicians,
dentists, and planners.
[Amended 11-21-2022 by Ord. No. 453-22]
A sign which is attached directly to any building wall and
which extends more than 12 inches from the face of the wall.
Any building, structure, facility, complex, or area used
by the general public or which provides a service to the public, whether
constructed by a federal, state, county, or municipal government agency,
or any private individual, partnership, association, or corporation.
Notification of a public meeting shall be published in a
newspaper(s) of general circulation in the Township indicating the
time, place and nature of the public hearing. Such notice shall be
published once a week for two successive weeks prior to the date fixed
for 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, in accordance with requirements of Act 247,
the Municipalities Planning Code, as amended.[15]
A view from the public way from the street to the front façade,
and from the streets to the front and side facade on corner lots.
[Added 10-16-2023 by Ord. No. 458-23; amended 11-21-2022 by Ord. No.
453-22; 10-16-2023 by Ord. No. 458-23]
A street that is owned and maintained as a vehicular thoroughfare
by either PennDOT or Easttown Township.
[Added 11-21-2022 by Ord. No. 453-22]
The rebuilding of a structure, or the replacement of materials
of a building.
[Added 11-21-2022 by Ord. No. 453-22]
A vehicular-type unit which is designed to be self-propelled
or towable, that is primarily designed as a temporary living accommodation
for recreational, camping, travel, or seasonal use, including but
not limited to travel trailers, truck campers, camping trailers, self-propelled
motor homes, and any combination of a boat and/or boat trailer.
An official residence provided by a place of worship for
its parson, minister, vicar, or rector.
Reconstruction of an existing improved, developed property,
as of the effective date of this chapter.[16]
An establishment furnishing food and beverages to the public
for consumption on or off the premises, or both.
An eating establishment where customers place their orders
at a service area located indoors, but separate from any seating facilities,
and where food is either consumed at seating facilities or is taken
out for consumption.
The act of returning a building or structure to its former
condition.
[Added 11-21-2022 by Ord. No. 453-22]
A commercial establishment, having its primary function to
provide goods and merchandise to the general public, where such goods
and merchandise are available for immediate purchase and removal of
the product from the premises by the customer. Examples of goods and
merchandise include, but are not limited to, the following: dry goods,
variety and general merchandise, specialty shop, pharmacy, clothing,
flowers, food and beverages, household supplies, hardware store, optical
shop, sale and repair of jewelry, watches and clocks, musical instruments,
televisions and other electronic entertainment equipment and similar
items.
A lot extending between and having frontage on two generally
parallel streets (excluding service streets or alleys) with vehicular
access solely from one street.
[Added 9-21-2009 by Ord. No. 391-09]
A sign which revolves in a circular motion rather than remaining
stationary on its supporting structure.
The total width of any land reserved or dedicated as a street,
alley, crosswalk, or for other public purposes.
An area surrounding a watercourse, floodplain or wetland,
containing trees and other vegetation, that intercepts surface water
runoff, wastewater, subsurface flow, and/or deep groundwater flows
from upland sources and functions to remove or buffer the effects
of associated nutrients, sediment, organic matter, pesticides, or
other pollutants prior to entry into surface waters. This transition
area between aquatic and terrestrial environments may also provide
wildlife habitat, control water temperature, attenuate flood flow,
and provide opportunities for passive recreation.
The total area encompassing the riparian buffer and the natural
resources the buffer protects, which may include watercourses, ponds
and lakes, wetlands, and floodplains.
A single-family dwelling in which the occupant, for compensation,
supplies living accommodations but no meals by the week or longer
to other than members of his family, provided that there shall be
at least 500 square feet of habitable space for each roomer.
Periodic cutting, killing and/or removal of entire plants
or portions of plants, which may include lawn mowing, weed and vine
control, the removal of invasive plants and the removal of dead trees
or limbs.
A covered watertight settling tank in which raw sewage is
changed into solid, liquid, and gaseous states to facilitate further
treatment and final disposal.
[Added 9-21-2009 by Ord. No. 391-09]
A single-storied enclosed accessory structure built for storage,
but excluding the storage of vehicles.
[Added 12-15-2014 by Ord.
No. 424-14]
A discrete use designed and developed as an integrated unit,
consisting of multiple retail sales and personal service uses arranged
as contiguous but separate stores, shops and establishments in one
or more buildings and sharing common vehicular and pedestrian access
and parking.
One or more buildings used, or intended, arranged, or designed
to be used, for the accommodation of tourists or transient guests,
or a premises used, or intended, arranged or designed to be used,
for the accommodation of tourists or transient guests, for compensation.
This term shall include motels, hotels, inns, bed-and-breakfasts and
short-term rental of a dwelling unit where the owner does not reside
in the dwelling. The accessory use of an owner-occupied short-term
dwelling rental unit does not constitute short-term lodging.
[Added 11-21-2022 by Ord. No. 453-22]
An owner-occupied building designed, used and occupied as
a single-family residence, having, as an accessory use therein, public
lodging rooms and facilities for preregistered transient guests, which
meets the minimum requirements of this chapter.
[Added 2-4-2019 by Ord.
No. 437-19[17]]
The required length of street visible to the driver of a
passenger vehicle at any given point on the street when the view is
unobstructed by traffic. Sight distance measurements shall be made
from a point four feet above the center line of the street surface
to a point 0.5 foot above the center line of the street surface.
Any writing, figure, representation, logo, emblem, flag,
lighting, banner, device, letter, word, or street clock and temperature
announcement, which shall include any announcement, declaration, display,
illustration, name, identification, description, or insignia, which
is used to advertise or promote the interest of any person or firm
and is placed in the general view of the public.
The area of all lettering, wording, and accompanying designs
and symbols, together with the background on which they are displayed,
but excluding any supporting framework and bracing which are solely
incidental to the display itself, provided the same do not contain
any lettering, wording, designs, or symbols. For the purpose of this
chapter, sign area shall be computed as a square or rectangle drawn
at the outer limits of the sign face.
Where the sign consists of a double face, only one side shall
be considered for the purpose of calculating total sign area. Where
both sides are not identical, or where the interior angle formed by
the faces of a sign is greater than 45°, all faces shall be considered
in calculating total sign area.
The part of a sign that is, or can be, used to identify,
advertise, and communicate information for visual representation that
attracts the attention of the public for any purpose. This definition
shall include any background material, panel, trim, and color used
that differentiate the sign from the building or structure on which
it is placed. The sign structure shall not be included, provided no
message, display, or symbol is designed and included as a part of
the structure.
The distance from the highest portion of the sign, including
all structural elements to mean grade.
A supporting structure erected and used for the purpose of
identification or attracting attention with or without a sign thereon,
situated upon any premises where a sign may be located. This definition
shall not include a building, fence, wall, or earthen berm.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
See "use, special exception."
The first placement of permanent construction of a structure
(other than a mobile home) on a site, such as the pouring of slabs
or footings or any work beyond the stage of excavation. Permanent
construction 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 as
part of the main structure. For a structure (other than a mobile home)
without a basement or poured footings, the start of construction includes
the first permanent framing or assembly of the structure or any part
thereof on its piling or foundation. For mobile homes not within a
mobile home park or mobile home subdivision, "start of construction"
means the affixing of the mobile home to its permanent site.
For mobile homes within mobile home parks or mobile home subdivisions,
"start of construction" is the date on which the construction of facilities
for servicing the site on which the mobile home is to be affixed (including,
at a minimum, the construction of streets, either final site grading
or the pouring of concrete pads and the installation of utilities)
is completed.
Steep slopes shall be divided and delineated into the following
two categories:
MODERATELY STEEP SLOPESThose areas of land where the grade is 15% to 25%.
VERY STEEP SLOPESThose areas of land where the grade is 25% or greater.
The horizontal portion of a building included between the
upper surface of a floor and the upper surface of the floor or roof
next above. A story shall have its finished floor surface entirely
above the grade plane.
[Added 1-15-2018 by Ord.
No. 433-18]
STREET, PUBLICA strip of land, including the entire right-of-way (i.e., not limited to the cartway), intended for general public use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The term "public street" includes any thoroughfare intended for public use. Public streets are further classified according to the functions they perform.
ALLEYA street right-of-way providing secondary vehicular access to the side or rear of lots, but shall not provide the principal means of access for vehicular traffic to an abutting property.
CUL-DE-SAC STREETA minor street intersecting another street and terminating in a vehicular turnaround at the other end.
HALF (PARTIAL) STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.
MARGINAL ACCESS STREETA minor street parallel and adjacent to a major street (but separated from it by a reserve strip), which provides access to abutting properties and control of intersections with the major street.
INTERNAL STREETA minor street used for circulation and access within a development involving multifamily developments, commercial and industrial uses.
MINOR LOCAL STREETA street used primarily to provide access to abutting properties.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts minor streets to provide a route serving 50 or more dwelling units to give access to community facilities and/or other collector and major streets (streets in industrial commercial subdivisions shall generally be considered collector streets), sometimes called a "feeder street," which connects a local street system and a major street or highway system.
MAJOR STREET or THROUGH HIGHWAY (ARTERIAL)A street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation; a highway on which preference is given to the through movement of traffic at the expense of cross traffic.
STREET, PRIVATEA strip of land or roadway intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. A private street is intended for use of only the lots served rather than the general public.
A line that is an equal distance from both street lines,
unless officially designated otherwise.
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
[Added 6-3-2013 by Ord. No. 414-13]
The right-of-way, or the dividing line between a lot and
the outside boundary of a public street, road or highway, legally
open or officially plotted, or between a lot and outside the boundary
of a privately owned street, road or way over which the owners or
tenants of two or more lots each held in single and separate ownership
have the right-of-way.
The outdoor environment within a street right-of-way, and
within a portion of a front yard of a lot that includes such features
as sidewalks, street lights, fences, walls, street trees, and related
landscaping.
[Added 11-21-2022 by Ord. No. 453-22]
The main wall of a structure that is closest to and most
nearly parallel with the adjacent street.
[Added 8-19-2013 by Ord. No. 417-13]
Any change in or addition to the supporting or structural
members of a building or other structure, such as, but not limited
to, the bearing walls, partitions, columns, beams or girders, or any
change which could convert an existing building or other structure
into a different structure, or adapt it to a different use, or which,
in the case of a nonconforming building or other structure, would
prolong the life of such building or other structure.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A structure subordinate to the principal use or structure
on the lot and used for purposes customarily incidental to those of
the principal use or structure.
[Amended 12-15-2014 by Ord. No. 424-14]
Those structures serving active uses such as swimming, tennis,
and riding rings shall not be located within the required minimum
yard setbacks for the district the lot is located in.
Those structures serving active uses including but not limited
to swimming, sports courts, and riding rings shall not be located
within the required minimum yard setbacks for the district the lot
is located in.
[Added 11-21-2022 by Ord. No. 453-22]
Those structures serving passive uses such as storage sheds,
pet shelters (except as noted below), greenhouses, sidewalks, patios
30 inches in height or less, decks 30 inches in height or less, and
playground equipment shall be set back a minimum of 10 feet from a
side and rear lot line.
[Amended 12-15-2014 by Ord. No. 424-14]
The division or redivision of a lot 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, partitioned 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.
[Added 9-21-2009 by Ord. No. 391-09; amended 12-15-2014 by Ord. No. 424-14]
Chapter 400, Subdivision and Land Development, of the Code of Easttown Township, Chester County, as adopted and amended.
Damage of any origin sustained by a structure whereby 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 repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
Any sign erected for a period of time not to exceed 30 days
in any one calendar year.
A building or part of a building devoted to showing motion
pictures or for dramatic, dance, musical, or other live performances.
A description, by means of text and maps, of proposed actions
involving the removal of trees from a lotuch plan shall have been
prepared by a Pennsylvania-certified forester with demonstrable expertise
in forest management and shall document measures to be taken to control
erosion and sedimentation, protect water quality, minimize impacts
from skid trails and logging roads land areas, and the tree removal
process, and ensure site restoration. The plan shall be consistent
with the minimum forest practices of the Pennsylvania Model Forestry
Regulations published by the Penn State School of Forest Resources.
(Note: A copy of the model regulations can be obtained at the Township
office.)[18]
[Amended 12-15-2014 by Ord. No. 424-14]
The Township of Easttown, Chester County, Pennsylvania.
The combined lot or lots that are held in single ownership
and are proposed for development.
[Added 12-13-2016 by Ord.
No. 427-16]
A discrete use designed and developed as a unified development,
consisting of multiple uses limited to retail commercial, professional
office, personal service commercial, restaurant (with or without alcoholic
beverage service), fast food restaurant without drive-through service,
outdoor cafe (with or without alcoholic beverage service), nursery/landscaping
sales, service and accessory event space, health club/spa, parking
garage and accessory uses arranged in one or more buildings utilizing
common architectural and design principles, and sharing common vehicular
and pedestrian access and parking.
[Added 12-13-2016 by Ord.
No. 427-16]
A cluster of two or more buildings on a lot containing separate
but related main uses which is designed as a single or common management
and maintenance unit with common open spaces, maintenance, service
and other facilities and services.
A use of a building, structure or land that is not a principal
permitted use, but which is entirely incidental and subordinate to
the principal permitted use on the same lot.
Those recreational pursuits which require physical alteration
to the area in which they are performed. Such areas are intensively
used and include but are not limited to playgrounds, ball courts,
ball fields, and swimming pools.
A use that is permitted in a zoning district without the
need for a special exception, variance, or conditional use permit.
A use which is generally not appropriate to a particular
zoning district as a whole but which may be suitable in certain localities
within the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the Board of Supervisors after a public hearing
and review and comments from the Planning Commission.
A building containing more than two dwelling units, each
with independent kitchen, bathroom and bedroom facilities, which may
have independent outside access, including but not limited to apartments,
quadraplexes, and garden apartments.
[Amended 1-15-2018 by Ord. No. 433-18]
A development that includes more than one multifamily structure,
including but not limited to apartment, quadruplex and garden apartment
developments, in an orderly, appropriate manner in areas accessible
to public water and sewer service as well as to a road network sufficient
to accommodate the increased traffic to be anticipated from such multifamily
development and to insure that such development projects are built
in the manner and to the specifications shown on approved plans.
[Amended 1-15-2018 by Ord. No. 433-18]
Recreational pursuits which can be carried out with little
alteration or disruption of the area in which they are performed.
Such uses include but are not limited to hiking, biking, environmental
education activity, and picnicking.
A use which is not permitted as a right, but which, when
provided for in this chapter and deemed suitable, with or without
the imposition of conditions or restrictions under applicable standards,
may be allowed by the Zoning Hearing Board after public hearing.
Permission, approval or authorization granted by the Zoning
Hearing Board after compliance with the applicable provisions of this
chapter constituting a modification of or deviation from the exact
provisions of this chapter as applied to a specific parcel of property
and not to be construed as a precedent.
Any vehicle to which a sign is affixed in such a manner that
the carrying of such sign, or signs, no longer is incidental to the
vehicle's primary purpose.
The building typology of historic structures in a neighborhood
that reflects local tradition.
[Added 11-21-2022 by Ord. No. 453-22]
A medical facility specializing in the treatment of injury
or disease afflicting animals, especially domestic animals and household
pets, and the boarding of animals for medical reasons is incidental
to the medical facility use.
The building typology of historic structures in a neighborhood
dating to the Victorian Era, from 1850 to 1920, with characteristics
such as, but not limited to, gabled roofs, hip roofs, dormers, pitched
roofs, two- to three-story building heights, porches, porch posts,
turrets, rooftop finials, and wood or brick siding, and stone foundations.
[Added 11-21-2022 by Ord. No. 453-22]
An upright structure serving as an enclosure, barrier or
boundary, made of masonry, stone, brick or similar building materials.
[Added 12-15-2014 by Ord.
No. 424-14]
Any sign erected against the wall of a building, or displayed
on windows or doors, or displayed with the exposed face thereof in
a plane parallel to the face of said wall, window, or door and which
sign is mounted at a distance measured perpendicular to said wall
not greater than 12 inches.
A building used primarily for the storage of goods and services,
but not for direct retail sales.
A stream, creek, run, or other body of running water with
a defined bed and banks in which water flows in a definite direction
or course, whether natural or artificial, with perennial or intermittent
flow, as depicted on the most current USGS Quadrangle Map or more
accurate information, as available. Field verification to determine
evidence and location of natural channelized flow may be required
for specific determinations.
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. Any area meeting the official
"wetland" definition of the United States Army Corps of Engineers,
the United States Environmental Protection Agency, or the Pennsylvania
Department of Environmental Protection shall be considered a wetland
for the purposes of this chapter. In the event the definition of a
"wetland" conflicts between any of these agencies, the more restrictive
definition shall apply.
Establishments or places of business primarily engaged in
selling merchandise to retailers, to industrial, commercial, institutional,
or professional business users, or to other wholesalers, or to establishments
acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.[19]
Any sign placed upon a window or inside the window and within
12 inches of the surface of the window, facing the outside, which
is to be used for advertising purposes. Show window displays are not
included within this definition.
Any building lot having more than one viable tree, six inches
or greater in dbh per 1,500 square feet of gross lot area, exclusive
of street right-of-way.
[Amended 9-21-2009 by Ord. No. 391-09]
A plant community, of 0.25 acre or larger in area, well-stocked
and comprised predominantly of healthy trees, six inches and greater
in dbh, and other woody vegetation, growing more or less closely together,
the branches of which form a complete or nearly complete aerial canopy.
For the purposes of this chapter, the extent of any woodland shall
be measured from the dripline of the outer trees. Woodlands do not
include orchards, commercial nurseries, Christmas tree farms, or oldfields,
where more than 75% of the trees are smaller than six inches dbh.
Where a minimum depth of a yard setback is specified in a
district, an open space of at least the specified depth shall be provided
between the street line(s) or lot line(s) and the nearest point of
any building or structure, except when permitted elsewhere in this
chapter. See Figure 18-2, below.
FRONT YARDThe minimum open space extending the full width of the lot from the right-of-way line to any structure, principal, accessory or other, on a lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building. Front yard lot lines shall be parallel to the front lot line.
SIDE YARDThe minimum open space required between each side lot line and any structure, principal, accessory or other, on the lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building. Side yard lines shall be substantially perpendicular to front lot lines.
[Amended 12-15-2014 by Ord. No. 424-14]
REAR YARDThe minimum open space extending the full width of a lot required between the rear line of the lot and any structure, principal, accessory or other, on the lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building. Rear yard lines shall be parallel to rear lot lines.
[Amended 12-15-2014 by Ord. No. 424-14]
YARD REQUIREMENTS FOR CORNER LOTSIn the case of a corner lot having frontages on two or more streets, the yard fronting each street shall equal the required front yard for the zoning district in which the lot is located. The yard opposite the principal entrance to the residence shall be a rear yard, and the remaining yard shall be a side yard.
[Amended 12-15-2014 by Ord. No. 424-14]
|
Figure 18-2
Yard Diagram
 |
An individual unit or building which may be conveyed, sold
or transferred absent any required minimum yard or setback, lot or
tract width, lot or tract area or green area, or maximum building
or impervious coverage.
[Added 12-13-2016 by Ord.
No. 427-16]
The basic system of zoning, which, under this chapter, as
amended, divides all land in the Township into separate, distinct
zoning district classes and sets limits and requirements for land
use in each of these base zoning districts.
Regulations that apply in addition to the regulations applicable
to the base zoning districts. Where conflicts exist between the overlay
and base zoning, the most restrictive provision applies.
The Zoning Hearing Board of Easttown Township.
The Zoning Map of Easttown Township, Chester County, Pennsylvania,
as adopted and amended.[20]
An individual appointed by the Board of Supervisors on an
annual basis to administer the provisions of this chapter who shall
not hold any elective office within Easttown Township.
The designation of specified districts within Easttown, Chester
County, reserving them for certain uses, together with limitations
on lot size, heights of structures and other stipulated requirements
within this chapter of the Code of Easttown Township, as amended.
A permit issued indicating that a proposed use, building
or structure is in accordance with the provisions of this chapter,
which authorizes an applicant to proceed with said use, building or
structure.
[1]
Editor’s Note: The former definition of "accessory use
sign," as amended, which immediately followed this definition, was
repealed 2-4-2019 by Ord. No. 437-19.
[2]
Editor’s Note: The former definition of "artisan sign,"
which immediately followed this definition, was repealed 2-4-2019
by Ord. No. 437-19.
[3]
Editor’s Note: The former definition of "bulletin board,"
which immediately followed this definition, was repealed 2-4-2019
by Ord. No. 437-19.
[4]
Editor’s Note: The former definition of "civic event
sign," which immediately followed this definition, was repealed 2-4-2019
by Ord. No. 437-19.
[5]
Editor's Note: The former definitions of "commercial communications
antenna," "commercial communications antenna support structure," and
"commercial communications antenna support structure height," which
immediately followed this definition, were repealed 12-15-2014 by
Ord. No. 424-14.
[6]
Editor’s Note: The former definitions of "development
sign" and "directional sign," as amended, which immediately followed
this definition, were repealed 2-4-2019 by Ord. No. 437-19.
[7]
Editor’s Note: The former definitions of “flood
hazard area” and “flood hazard map,” as amended,
were repealed 5-15-2017 by Ord. No. 428-17.
[8]
Editor’s Note: The former definition of "governmental
sign," as amended, which immediately followed this definition, was
repealed 2-4-2019 by Ord. No. 437-19.
[9]
Editor's Note: The original definition of "habitable floor
area," which immediately followed this definition, was repealed 6-22-2014
by Ord. No. 422-14.
[10]
Editor’s Note: The former definitions of "instructional
sign" and "interior sign," which immediately followed this definition,
were repealed 2-4-2019 by Ord. No. 437-19.
[11]
Editor’s Note: The former definition of "memorial sign,"
which immediately followed this definition, was repealed 2-4-2019
by Ord. No. 437-19.
[12]
Editor’s Note: The former definition of "moveable sign,"
which immediately followed this definition, was repealed 2-4-2019
by Ord. No. 437-19.
[13]
Editor's Note: See 53 P.S. § 10101 et seq. The former
definition of "nameplate sign," which immediately followed this definition,
was repealed 2-4-2019 by Ord. No. 437-19.
[14]
Editor’s Note: The former definition of “overlay
district,” which immediately followed this definition, was repealed
1-15-2018 by Ord. No. 433-18.
[15]
Editor's Note: See 53 P.S. § 10101 et seq. The former
definition of "real estate sign," which immediately followed this
definition, was repealed 2-4-2019 by Ord. No. 437-19.
[16]
Editor’s Note: The former definition of "regulatory
sign," which immediately followed this definition, was repealed 2-4-2019
by Ord. No. 437-19.
[17]
Editor's Note: The ordinance also repealed the former definition
of "sidewalk sign," which immediately followed.
[18]
Editor's Note: The former definition of "time and temperature
sign," which immediately followed this definition, was repealed 2-4-2019
by Ord. No. 437-19; the former definition of "townhouse," which followed
this definition, was repealed 12-15-2014 by Ord. No. 424-14.
[19]
Editor's Note: The former definitions of "wireless communications
equipment structure" and "wireless communications facility," which
immediately followed this definition, were repealed 12-15-2014 by
Ord. No. 424-14.
[20]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
