The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this chapter:
ACCESS DRIVE
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land containing
any use other than one single-family dwelling unit.
ACCESSORY STRUCTURE
A structure associated with an accessory use, including but
not limited to swimming pools, patios, decks, antennas, tennis courts,
garages, utility sheds, etc.
[Added 6-28-2001 by Ord. No. 01-03]
ADULT EDUCATION
The offering of part-time academic and nonacademic courses
to adults.
ADULT REGULATED FACILITY
An establishment open to the general public, except persons
under the age of 18 years, where more than 20% of the occupied area
of the facility is used for one or more of the following purposes:
A.
ADULT BOOK STOREAn establishment which offers for sale, for rent, for lease, for view on the premises or for loan pictures, photographs, drawings, sculptures, motion-picture film or similar visual representation of sexual conduct or sexual excitement, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts of sexual conduct or sexual excitement, or offers for sale devices, equipment, stimulants or other materials for use in sexual conduct or sexual excitement.
B.
ADULT THEATERAn establishment in which there is offered for view motion-picture film or similar visual representation of sexual conduct or excitement, commonly referred to as "X-rated movies" or "peep shows" or the equivalent thereof.
C.
CABARETAn establishment, club, restaurant, theater or hall which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or specified sexual activities for observation by patrons therein.
AGE-RESTRICTED RESIDENTIAL DEVELOPMENTS
Residential properties restricted, in accordance with applicable
federal and state laws, to occupancy by persons aged 55 or over.
[Added 11-9-2006 by Ord. No. 06-16]
ALLEY
A public thoroughfare which affords only a secondary means
of access to abutting property and is not intended for general traffic
circulation.
ALTERATIONS
As applied to a building or structure, any change or rearrangement
in the total floor area or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
ALTERATIONS (HISTORIC ZONE)
As applied to a building structure in the Historic Zone,
any change or rearrangement in the face of a building, particularly
a face that is visible from a roadway, or an enlargement, whether
by extending on a face or by increasing in height, or the moving from
one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
ALTERNATIVE THERAPY OFFICE
A facility owned and operated by an individual who has: graduated
from a massage school that is accredited and licensed as a private
school by the Commonwealth of Pennsylvania or by any state, and which
requires the successful completion of a program of at least 500 hours
of supervised instruction in massage or 200 hours of supervised instruction
in reflexology and holds and maintains a current certification by
the National Certification Board of Therapeutic Massage and Bodywork
or its successor or a national certification program maintaining similar
standards.
[Added 6-28-2001 by Ord. No. 01-03]
AMUSEMENT ARCADE
A commercial establishment which provides as the principal
use amusement devices or games of skill or chance (e.g., pinball machines,
video games, skeetball, electronic or water firing ranges and other
similar activities). This definition is not meant to include the use
of no more than two games or devices as an accessory use associated
with another principal use.
ANIMAL HOSPITALS
Any establishment offering veterinary services. Animal hospitals
can treat all types of animals and can include outdoor and overnight
boarding of animals.
AUTOMOBILE FILLING STATION
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sales of motor vehicle
accessories at retail only, and which may or may not include vehicles
but not including major repairing, body and fender work, painting,
vehicular sales or rental or automatic car washes.
AUTOMOBILE PARTS STORE
Any building used for the retail storage and sales of automobile
parts. No outdoor storage of parts is permitted.
AUTOMOBILE SALES
Any building or land devoted to the retail sales of passenger
vehicles, including accessory service and repair facilities if conducted
within a wholly enclosed building.
AUTOMOBILE SERVICE AND REPAIR
The retail repair, servicing, maintenance and reconstruction
of passenger vehicles but not including car washes per se.
BASEMENT
A story having part but not more than 1/2 of its height below
the average level of the adjoining ground.
BED-AND-BREAKFAST
An owner-occupied single-family detached dwelling where between
one and five rooms are rented to overnight guests on a daily basis
for periods of less than one week. Breakfast may be offered only to
registered overnight guests.
BILLBOARDS
Any freestanding sign used as an advertisement for a business
not located upon the same lot.
BUILDING
Any structure or edifice designed or intended for use as
an enclosure, a shelter or for protection of person, animals or property.
C.
ATTACHEDA building which has two or more party walls in common.
BUILDING AREA
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
BUILDING COVERAGE (MAXIMUM)
A percentage which, when multiplied by the lot area, will
determine the permitted area that can be developed or covered by buildings.
BUILDING HEIGHT
The total overall height of a building measured from the
grade level to the highest point of the roof.
CAMPGROUND
A lot, tract or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by transients in recreational vehicles or tents.
CAMPSITE
A plot of ground within a campground intended for occupation
by a recreational vehicle or tent.
CELLAR
A story having more than 1/2 of its height below the average
level of the adjoining ground.
CEMETERY
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoriums, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within its boundaries.
[Added 6-28-2001 by Ord. No. 01-03]
CHURCH AND RELATED USES
A building, structure or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents and church-related
educational and/or day-care facilities.
CLUB WAREHOUSE STORE
An establishment engaged in the sale of materials and goods,
both durable and nondurable, as a combination of wholesale and retail
trade, based wholly on a cooperative membership basis and not open
to the general public.
[Added 12-9-1993 by Ord. No. 93-15]
COMMERCIAL RECREATION OR ENTERTAINMENT FACILITY
An activity operated as a gainful business, open to the public,
for the purpose of public recreation or entertainment, including but
not limited to bowling alleys, motion-picture theaters, health clubs,
miniature golf courses, etc. This use does not include adult-related
uses or amusement arcades as defined herein.
COMMERCIAL SCHOOL
An educational facility operated as a gainful business whereby
some form of instruction or training is offered to those enrolled.
The range of curriculums can include all levels of academic instruction,
business and technical programs and artistic, dance, baton-twirling
and musical training. "Commercial schools" are principal uses that
are neither home occupations nor day-care operations. "Commercial
schools" shall not include vocational and/or mechanical trade schools
as defined in this chapter. Nursery schools shall be considered "commercial
schools" if they are operated as a gainful business.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communication signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitation,
ham or citizen band radio antennas.
[Added 4-9-1998 by Ord. No. 98-06]
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
[Added 4-9-1998 by Ord. No. 98-06]
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
[Added 4-9-1998 by Ord. No. 98-06]
DAY CARE
The offering of care or supervision over minors in lieu of
care or supervision by family members. This definition does not include
the offering of overnight accommodations.
DAY CARE, FAMILY
A day-care facility certified by the Commonwealth of Pennsylvania
and offering care or supervision to fewer than four different minors
during any calendar day.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, streets
and other paving utilities, filling, grading, excavation, mining,
dredging or drilling operations and/or the subdivision of land.
DOMESTIC PETS
The noncommercial keeping of adult nonfarm animals that are
locally available for purchase as pets, as an accessory use to a primary
residential use, provided that such accessory use does not create
a nuisance by reason of noise, dust, odor, appearance or other objectionable
factors which have a substantial adverse effect upon the reasonable
use and enjoyment of surrounding properties.
[Amended 10-23-2008 by Ord. No. 08-13]
DRIVEWAY
An improved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving one single-family
dwelling unit.
DWELLING
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below but not including
hospitals, hotels, boarding-, rooming and lodging houses, institutional
houses, tourist courts and the like, offering overnight accommodations
for guests or patients. All "dwellings" must be permanently affixed
to a completely enclosed foundation constructed of currently accepted
materials that shall be an entire perimeter wall and extend from below
the frost line to the first floor of the building. Such foundation
shall be constructed to provide sufficient structural integrity to
prevent the building from heaving, shifting or setting unevenly due
to frost action. In addition, all dwellings shall be properly connected
to approved and permanently designed sewer, water, electrical and
other utility systems.
A.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family and having two side yards, one front and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yard. Mobile homes can be considered "single-family detached dwellings" if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as "dwellings." Modular homes can be considered "single-family detached dwellings" so long as they comply with the general requirements of a "dwelling."
C.
MULTIPLE-FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units.
D.
TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls.
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
EASEMENT
A limited right-of-use granted in private land for public
or quasi-public purpose.
FAMILY
Any one or more of the following:
[Amended 12-17-1992 by Ord. No. 92-18]
A.
A single individual occupying a dwelling unit.
B.
Two or more persons related by blood, marriage or adoption occupying
a dwelling unit.
C.
Not more than three unrelated persons occupying a dwelling unit.
D.
Not more than eight related or unrelated persons who are the
functional equivalent of a family in that they live together, participate
in such activities as meal planning, shopping, meal preparation and
the cleaning of their dwelling unit together and who are part of a
community-based residential home which qualifies as a community living
arrangement licensed by the Pennsylvania Department of Public Welfare
or other appropriate federal or state agency having jurisdiction,
where the persons occupying the home are handicapped persons under
the terms of the Fair Housing Amendments Act of 1988 and where the
operator of the home provides room and board, personal care, rehabilitative
services and supervision in a family environment. The presence of
staff persons in a home meeting this definition shall not disqualify
the group of persons occupying the dwelling unit as a "family."
FARM
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry or dairy products, including
necessary farm structures and the storage of equipment customarily
incidental to the primary use.
FARM OCCUPATION
An accessory use to the primary agricultural use of a property
in which residents engage in a secondary occupation conducted on the
farm.
FLOODPLAIN
The area inundated by the regulatory flood as described in
the West Manchester Township Floodplain Management Ordinance.
FLOOR AREA, GROSS
The sum of the floor areas of a building as measured to the
outside surfaces of exterior walls and including all areas intended
and designed for the conduct of a business or use but not including
any floor space intended and designed for accessory heating and ventilating
equipment.
FLOOR AREA, GROSS LEASABLE
The sum of the floor areas designed for the tenants' occupancy
and use. It is all that area on which tenants pay rent, including
sales areas and integral stock areas.
FLOOR AREA, HABITABLE
The sum of the floor areas of a dwelling unit as measured
to the outside surfaces of exterior walls and including all rooms
used for habitation, such as living room, dining room, kitchen, bedroom,
bathroom, closets, hallways and stairways but not including cellars,
basements or attics or service rooms or areas, such as utility rooms,
nor unheated areas such as enclosed porches.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
[Added 6-28-2001 by Ord. No. 01-03]
FRONTAGE
The linear measurement taken along a property's common boundaries
with adjoining public street right-of-way (existing or future), other
than a limited-access highway.
[Amended 3-24-1988 by Ord. No. 88-02]
FUNERAL HOME
A building devoted to the care, embalming, and holding of
services for the dead, including crematoriums and the sale of funeral
equipment as an accessory activity.
[Added 6-28-2001 by Ord. No. 01-03]
FUTURE RIGHT-OF-WAY
A.
The right-of-way width required for the expansion of existing
streets to accommodate anticipated future traffic loads.
B.
A right-of-way established to provide future access to or through
undeveloped land.
GROUP HOME
A building operated by a responsible individual, family or
organization with a program to provide a supportive living arrangement
for up to five individuals who are unrelated to the operator(s); such
individuals require supervision due to some age, emotional, mental,
physical, familial or social condition; provided, however, that a
"group home" shall not include a community-based residential home
which qualifies as a community living arrangement licensed by the
Pennsylvania Department of Public Welfare or other appropriate federal
or state agency having jurisdiction, where the persons occupying the
home are handicapped persons under the terms of the Fair Housing Amendments
Act of 1988.
[Added 6-10-1993 by Ord. No. 93-07]
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution facility and other discarded material, including solid,
liquid, semisolid or contained gaseous material resulting from municipal,
commercial, industrial, institutional, mining or agricultural operations
and from community activities, or any combination of the above, which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may:
A.
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
B.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, exposed
of or otherwise managed.
HAZARDOUS WASTE FACILITY
Any structure, group of structures, aboveground or underground
storage tanks or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste for
the storage or treatment for any time span other than the normal transportation
time through the Township.
HEIGHT OF A COMMUNICATIONS TOWER
The vertical distance measured from the ground level to the
highest point on the communications tower, including antennas mounted
on the tower. In the case of a tower mounted on a slope, height shall
be measured from the lowest point where the tower contacts the slope
to the highest point on the tower.
[Added 4-9-1998 by Ord. No. 98-06]
HORSE BOARDING STABLES OR RIDING SCHOOLS
Any commercial operation or other operation involving the
boarding, breeding, or training of one or more horses and/or riders.
Such use may include an enclosed or open arena, dressing rooms, and
the like.
[Added 6-28-2001 by Ord. No. 01-03]
HOSPITAL
A place for the diagnosis, treatment or other care of humans
and having facilities for inpatient care.
JUNKYARD
Any establishment or place, on public or private property,
where a person stores or accumulates wrecked, abandoned, inoperable
or junked motor vehicles, machinery or equipment or scrap metal or
materials for the purpose of salvaging parts therefrom for use or
resale or the destruction of the same for resale as scrap. Any tract
of land used for such purposes, regardless of ownership, shall be
considered a separate "junkyard." (An "inoperable motor vehicle" is
a vehicle intended to be self-propelled that shall not be operable
under its own power for any reason or a vehicle that does not have
a valid current registration plate or that has a certificate of inspection
which is more than 60 days beyond its expiration date.)
KENNEL
Any lot on which animals (except livestock, horses or poultry)
are kept, boarded, raised, bred, treated or trained for a fee, whether
in special buildings or runways or not, including but not limited
to dog or cat "kennels."
LAND DEVELOPMENT
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
A group of two or more buildings.
(2)
The division or allocation of land or space 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;
(3)
The establishment of any new commercial or industrial facility;
or
(4)
The expansion of any commercial or industrial facility in excess
of 20% of the existing operation.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land shall be deemed
to be a landowner for the purposes of this chapter.
LOADING SPACE
An off-street space or area suitable for the loading or unloading
of goods and having direct usable access to a street or alley by means
of an access drive.
LOT
A parcel of land considered as a unit for a principal use
and/or from the standpoint of ownership. It may be vacant, devoted
to a certain use, occupied by a structure or occupied by a group of
structures that are united by a common interest or use.
LOT AREA
The area contained within the property lines of individual
parcels of land, excluding any area within a street right-of-way,
but including the area of any easement.
LOT COVERAGE (MAXIMUM)
A percentage which, when multiplied by the lot area, will
determine the permitted area which may be covered with an impervious
surface (e.g., buildings, driveways, parking area, sidewalks).
LOT DEPTH
The horizontal distance measured between the street right-of-way
line and the closest rear property line. On corner and reverse frontage
lots, the "depth" shall be measured from the street right-of-way line
of the street of address to the directly opposite property line.
LOT WIDTH
The horizontal distance measured between side property lines.
On corner lots, lot width shall be measured between the right-of-way
line for the nonaddress street and the directly opposite property
line. Unless otherwise specified, lot width shall be measured at the
street right-of-way line.
[Amended 3-24-1988 by Ord. No. 88-02]
MASSAGE PARLOR
An establishment whose business emphasis is the administration
of non-sexually oriented massage to patrons by employees.
MEDICAL CLINIC
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an outpatient basis.
METHADONE TREATMENT FACILITIES
A facility licensed by the Department of Health to use the
drug methadone in the treatment, maintenance, or detoxification of
persons.
[Added 6-28-2001 by Ord. No. 01-03]
MINI WAREHOUSE
A building or series of buildings divided into separate storage
units for personal property and/or property associated with some business
or other organization. The storage units within a mini-warehouse shall
be used solely for dead storage, and no nonstorage uses shall be permitted.
Outdoor storage of motor vehicles, recreational vehicles, boats and
similar items may also be permitted as part of a mini-warehouse.
[Added 6-28-2001 by Ord. No. 01-03]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, an office or place of assembly 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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home which is leased by the
park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
MOTEL or HOTEL
A building or group of buildings for the accommodation of
transient guest, chiefly motorists, containing guest rooms for rent.
NIGHTCLUB
Any building used for on-site consumption of alcoholic or
nonalcoholic beverages where live entertainment is offered. For the
purposes of this definition, "live entertainment" is meant to include
the use of disc jockeys for the purposes of supplying musical entertainment.
Nightclubs may also provide for the on-site consumption of food. Additionally,
nightclubs can offer the retail sale of carry-out beer and wine as
an accessory use. This is meant to include an "under 21" club which
features entertainment.
NONCONFORMITY
A use, structure, lot or dimension in conflict with the regulations
of this chapter existing on the effective date of this chapter or
existing at any subsequent amendment of this chapter or created by
variance. Specifically, the following types of nonconformities are
distinguished:
A.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable 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.
B.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or any amendment theretofore 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.
C.
DIMENSIONAL NONCONFORMITYA lot or structure which is nonconforming because it is not in compliance with the extent-of-use or dimensional regulations of this chapter.
NONPROFIT SCHOOL
A facility licensed by the Pennsylvania Department of Education
for the purposes of providing education that is not operated as a
gainful business.
OFFICE, BUSINESS
An office used in the management, control or administration
of another business activity.
OFFICE, PROFESSIONAL
An office in which a primary service is offered to the client/patron.
Such uses shall not involve the retail purchase of goods, and personal
service businesses are specifically excluded.
OPEN SPACE RESIDENTIAL DEVELOPMENT
A residential development on a limited portion of a parcel
of land with the remaining land area being consolidated into perpetual
common open space areas.
[Added 6-27-1991 by Ord. No. 91-03]
PARKING LOT
An open lot where passenger vehicles may be stored for short-term
daily or overnight off-street parking.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having direct, usable access to a street or alley.
PARKS, PRIVATE
A recreational facility owned or operated by a nonpublic
agency and not conducted as a private gainful business.
PARKS, PUBLIC AND/OR NONPROFIT
Those facilities designed and used for recreation purposes
by the general public that are owned and operated by a government
or governmental agency/authority or are operated on a nonprofit basis.
This definition is meant to include the widest range of recreational
activities, excluding adult entertainment uses.
PERSONAL SERVICE BUSINESS
A business, such as a barber shop, beauty parlor, laundry
and dry-cleaning service, self-service laundromat, shoe repair or
tailor's shop, photographer's studio, travel agency and ticket agency
or similar enterprise, providing personalized service to customers.
PRIVATE CLUB
An incorporated membership club or unincorporated association
catering exclusively to members and their guests, not conducted primarily
as a business enterprise.
[Added 6-28-2001 by Ord. No. 01-03]
PRIVATE USE ANTENNA
Any device used for the transmission or reception of radio,
television or other wireless communication signals, which device is
used noncommercially in conjunction with a private residence. This
definition shall include private residence-mounted satellite dishes
or television antennas or amateur radio equipment, including, without
limitation, ham or citizen band radio antennas.
[Added 4-9-1998 by Ord. No. 98-06]
PUBLIC
Owned, operated or controlled by a governmental agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions, and the Board of Education).
PUBLIC SEWER
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Resources. Such systems are capable of serving multiple
users.
PUBLIC UTILITY
Those uses governed by the Pennsylvania Public Utilities
Commission or use operated by a Township authority.
PUBLIC UTILITY TRANSMISSION TOWER
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utilities Commission,
designed and used to support overhead electricity transmission lines.
[Added 4-9-1998 by Ord. No. 98-06]
PUBLIC WATER
A municipal water supply system or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Resources. Such systems are capable of serving multiple
users.
QUARRYING
The searching for or removal of rock, soil or mineral from
the earth by excavating, stripping, mining, leveling or any other
process but exclusive of excavations or grading involved in the construction
of a building; also includes any processing operations in connection
with the activities above. Permitted quarry operations must comply
with all current applicable state regulations.
RECYCLING PLANT
A facility for the collection, temporary storage, and processing
of recyclable materials for the purpose of marketing that material
for use as a raw material in a manufacturing process or reuse as consumer
products.
[Added 6-28-2001 by Ord. No. 01-03]
RESTAURANT
An establishment that serves prepared food primarily on nondisposable
tableware but can provide for incidental carry-out service so long
as the area used for carry-out service does not exceed 5% of the total
patron seating area nor 80 square feet, whichever is less.
RESTAURANT, DRIVE-THROUGH OR FAST-FOOD
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off of the site. Caterers shall be included
in this definition.
RETAIL STORE
Those stores and shops whose primary activities involve the
retail sale of amusements and games; antiques; art; books; beverages;
carpets and rugs; ceramics and glass; confections; drugs; dry goods;
flowers; packaged food; furniture; gifts; garden supplies; hobbies;
hardware; household appliances; household pets and supplies; leather
goods; musical supplies and equipment; notions; paint; periodicals;
photographs and photographic equipment; radio, television and sound
equipment; sporting and camping goods; stationery; tobacco; toys;
and wearing apparel. However, this term shall not include adult bookstores,
taverns, restaurants or caterers.
RIGHT-OF-WAY
A corridor of land owned publicly for purposes of maintaining
primary vehicular and pedestrian access to abutting properties, including
but not limited to roads, streets, highways and sidewalks. Abutting
property owners are prohibited from encroaching across the right-of-way
line. (See also "street line.")
SETBACK
The required horizontal distance between a setback line and
a property or street line.
A.
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot; commonly called "front yard."
B.
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot; commonly called "rear yard."
C.
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard; commonly called "side yard."
SETBACK LINE
A line within a property and parallel to a property or street
line which delineates the required minimum distance between a structure
and that property or street line. Where a principal use is not totally
enclosed within a structure, any area of the property devoted to the
principal use shall conform to the setbacks for the zone.
[Amended 3-24-1988 by Ord. No. 88-02]
SHOPPING CENTER
A group of stores planned and designed for the property or
properties on which it is built, functioning as a unit, providing
common access, and off-street parking, stormwater management, or other
similar common facilities, provided on the property or properties
as an integral part of the unit.
[Amended 1-28-2016 by Ord. No. 16-01]
SIGN
A device for visual communication that is used to bring the
subject to the attention of the public but not including lettering
or symbols that are an integral part of another structure or flags
or other insignia of any government, fraternal or similar organization.
A.
SIGN, ADVERTISINGA structure designed for directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
B.
SIGN, ATTACHEDA sign which is attached to a building or other structure and 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.
C.
SIGN, DIRECTIONALA sign which directs people to a community, an event of public interest, public uses and buildings, uses and buildings of service and charitable organizations, provided that no advertising matter other than identifying name or symbol shall be contained on "signs" of this type.
D.
SIGN, FREESTANDINGA sign supported by uprights or braces placed upon the ground and not attached to a building.
SOLAR ENERGY FARM
An area of land 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. Solar energy farms consist of multiple, freestanding, groundmounted
solar panels, solar-related equipment and other accessory structures,
including substations; electrical infrastructure; transmission lines
and other appurtenant structures. A solar energy farm is a low-impact
use uniquely compatible with agricultural and farm uses. Solar energy
farms do not require public water or sewer, have no permanent on-site
employees or office buildings and generate minimal traffic during
normal operations.
[Added 3-28-2019 by Ord.
No. 19-01]
SOLAR ENERGY UNIT
Any equipment used for the collecting of, converting of or
storage of solar energy or the resulting converted electrical or mechanical
energy.
SOLID WASTE
Garbage, refuse and other discarded materials, including but not limited to solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter
1, Part 261, dated July 1, 1984, or as amended.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals and pubic regions.
(3)
Female breasts below a point immediately above the top of the
areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breasts.
STORY
That portion of a building, excluding basement, included
between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between
any floor and the ceiling next above it.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor.
STREET
Includes a street, avenue, boulevard, road, highway, freeway,
lane, alley, viaduct and any other dedicated and adopted public right-of-way
used or intended to be used by vehicular traffic or pedestrians.
STREET GRADE
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other street
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
STREET LINE (RIGHT-OF-WAY LINE)
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence. However,
where a future right-of-way width for a Township owned road or street
has been established by the West Manchester Township Comprehensive
Plan, then that width shall determine the location of the street line.
STRUCTURE
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land.
A.
STRUCTURE, ACCESSORYA structure associated with an accessory use, including but not limited to swimming pools, patios, antennas, tennis courts, garages, utility shed, etc.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either 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 structure commences,
whether or not that alteration affects the external dimension of the
structure.
SWIMMING POOL
Any reasonably permanent pool, not located within a completely
enclosed building, and containing or normally capable of containing
water to a depth at any point greater than 1 1/2 feet. Farm ponds
and/or lakes are not included, provided that swimming was not the
primary purpose for their construction.
TAVERN
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food, but no live entertainment
shall be permitted.
TOURIST HOME
A dwelling in which meals or lodging or both are provided
or offered to transient guests for compensation.
[Added 6-28-2001 by Ord. No. 01-03]
TRUCKING OR MOTOR FREIGHT TERMINAL
Any property which is the origin and/or destination point
of short and long-distance hauling and/or is used for the purpose
of storing, transferring, loading, and unloading in addition to truck
parking.
[Added 6-28-2001 by Ord. No. 01-03]
USE
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
A.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
B.
USE, PRINCIPALThe 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.
VARIANCE
A modification of any provision of this chapter granted by
the Zoning Hearing Board.
VETERINARIAN'S OFFICE
A building used primarily for the treatment, by a veterinarian,
of small domestic animals, such as dogs, cats, rabbits and birds or
fowl. No outdoor boarding of animals is permitted.
WECS UNIT
Includes blades, hubs to which blades are attached and any
device, such as a tower, used to support the hub and/or rotor blades,
etc.
YARD
An area between the permitted structures and the property
lines.
A.
YARD, FRONTThe area contained between the street right-of-way line and the principal structure.
B.
YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the "rear yard" shall be considered that area between the principal structure and the property line directly opposite the street of address.
C.
YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the "side yard" shall be considered those areas between the principal structure and the property line directly opposite the nonaddress street.