In this chapter, the following rules of interpretation shall
be used:
A.
The word "lot" includes the word "plot" or "parcel" or "tract."
B.
Words in the present tense may imply the future tense.
C.
Words used as singular imply the plural.
D.
The masculine gender includes the feminine and neuter genders.
E.
The word "shall" is to be interpreted as mandatory; the word "may"
as directory.
F.
References to codes, ordinances, resolutions, plans, maps, governmental
bodies, commissions or agencies or officials are to codes, ordinances,
resolutions, plans, maps, governmental bodies, commissions or agencies
or officials of the Township of Mount Joy or the Commonwealth of Pennsylvania
as in effect or office from time to time, including amendments thereto
or revisions or successors thereof, unless the text indicates another
reference is intended.
Unless otherwise stated, the following words and phrases shall
be construed throughout this chapter to have the meanings indicated
in this section:
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a lot containing any
use other than a single dwelling unit or a farm.
An age restricted (55+) residential development that contains
a variety of housing types such as single-family detached, single-family
semidetached, townhouses and apartment houses. Such developments are
intended to preserve the predominant character of established neighborhoods
and protect residential and/or rural areas from encroachment by potentially
incompatible nonresidential uses.
The process of converting a building to a use other than
that for which it was designed.
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
ADULT BOOKSTOREAny establishment or place:
Which has a substantial or significant portion of its stock-in-trade
consisting of the following items:
Books, magazines or other periodicals, films or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction, description or display of sexual activities
or conduct or uncovered male or female genital areas.
Instruments, devices or paraphernalia which are designed primarily
for use in connection with sexual activities or conduct.
To which the public is permitted or invited wherein coin- or
slug-operated or electronically or mechanically controlled still or
motion-picture machines, projectors or other image-producing devices
are maintained to show images, with or without sound, where the images
so displayed are distinguished or characterized by an emphasis on
depiction, description or display of sexual activities or conduct
or uncovered male or female genital areas.
ADULT THEATERAny theater, cabaret, auditorium, concert hall or other place of assembly:
Presenting any form of audio and/or visual material and in which
a substantial portion of the total presentation time measured over
any consecutive twelve-month period is or will be devoted to the showing
of material which is distinguished or characterized by an emphasis
on depiction, description or display of sexual activities or uncovered
male or female genital areas; or
Featuring live performances on a regular basis which are distinguished
or characterized by emphasis on depiction, description or display
of sexual activities or by exposure of uncovered male or female genital
areas for observation by patrons.
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
ADULT COMMERCIAL SERVICE OR ENTERTAINMENT ESTABLISHMENTAny other business or club which primarily offers its patrons or members retail goods, commercial services or entertainment which is characterized by an emphasis on matter or activities relating to, depicting, describing or displaying sexual activity or conduct or uncovered male or female genital areas.
The use of land for farming, dairying, pasturage, horticulture,
floriculture, viticulture and animal and poultry husbandry and the
necessary accessory uses for packing, treating or storing the produce
and equipment for housing and feeding the animals and housing the
equipment. The use of land for a dwelling site is not an agricultural
purpose.
Activities conducted on and accessory to a working farm and
offered to the public or invited groups for the purpose of recreation,
education, or active involvement in the farm operation. These activities
must be directly related to agricultural or natural resources and
incidental to the primary operation of the farm.
Any organized event that is planned to occur within the Township
as part of an approved agritourism enterprise, that will result in
either: a) the assemblage of 150 or more persons; or b) the arrival
of 40 or more vehicles at the location of the event, whether held
on private property, public property, or public roads.
An area of land or water which is used, or intended to be used, for airport building of air navigation facilities or rights-of-way, together with airport buildings and facilities thereon. When the term "airport" is used in § 135-303, the term shall be interpreted as a reference to the Harrisburg International Airport.
The highest point of an airport's usable landing area measured
in feet from sea level.
A minor right-of-way privately or publicly owned, primarily
for service access to the back or sides of properties.
Alterations to a building shall be any exterior structural
addition to a building or any change in the supporting members of
a building structure, such as bearing walls, columns, beams or girders,
joists or rafters or enclosing walls, or any renovation to a building
which would change its use classification. For the purposes of this
chapter, alterations shall also include changes to the exterior building
façade, signage, lighting, building elevations and other similar
improvements that would require a review for compliance with this
chapter.
The arrangement of wires or metal rods used in the sending
and receiving of electromagnetic waves by an amateur radio station.
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an amateur radio antenna or antennas.
A person named in an amateur operator/primary license station
grant on the ULS consolidated licensee database of the Federal Communications
Commission to be the control operator of an amateur radio station.
A station in an amateur radio service consisting of the apparatus
necessary for carrying on radio communications. For the purpose of
this definition, amateur radio service is radio communication service
for the purpose of self-training, intercommunication and technical
investigations carried out by amateurs, that is, duly authorized persons
interested in radio technique solely with a personal aim and without
pecuniary interest.
A commercial recreational activity which provides as a principal
use, amusement devices and/or games of skill or chance (e.g., video
games, skeeball, electronic or water firing ranges, pinball machines
and similar devices). This definition does not include the use of
two or less such devices as an accessory use to another type of commercial
recreation activity as defined by this section.
An area used principally as a permanent location of a commercially
operated enterprise that offers entertainment, attractions, refreshments
and amusement rides for the purpose of giving its guests amusement,
pleasure, thrills or excitement. Such uses may include a theme park,
zoo or water park.
The process in which microorganisms in the absence of oxygen
convert energy stored in volatile acids in livestock and poultry manure
or other organic materials into biogas.
A place where stray, lost, abandoned or surrendered animals,
principally dogs and cats, are brought. An animal adoption center
may provide a temporary home for such animals. An animal rescue facility
shall be considered an animal adoption center if more than four dogs
or cats that are older than six months are maintained on a property
for a period of greater than 24 hours in any calendar year.
[Added 8-15-2016 by Ord.
No. 305-2016]
See "dwelling."
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach height limitation slope set forth in § 135-303D. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
An individual with a degree from a recognized university
and registered in the Commonwealth of Pennsylvania in the profession
of design and construction of buildings and structures.
The art/science of building design and construction; a method
or style of building; the product of construction; the recognizable
features for any kind of structure; the materials and methods used
to produce a structure.
The Elizabethtown Regional Sewer Authority (ERSA), Elizabethtown
Area Water Authority (EAWA) or any successor thereto, or other governing
entity over public water or public sewer facilities.
Any area of the building having its floor below ground level
on all sides.
An owner-occupied single-family detached dwelling where not
more than four bedrooms are rented to overnight guests on a daily
basis for periods not exceeding one week.
An accessory use to a single-family dwelling, in which bees are raised and/or kept in compliance with § 135-302D.
A sign upon which images and/or messages of any kind are
printed, posted, or lettered, whether freestanding or attached to
a surface of a building or other structure. A billboard is used to
advertise products, services or businesses at a location other than
the premises on which the sign is placed, or to disseminate other
messages.
A fuel consisting of methane, carbon dioxide, and small amounts
of water and other compounds produced as part of an anaerobic digestion
process.
A building or portion thereof arranged or used for sheltering
or feeding, or both, for compensation, more than five but not more
than 10 individuals.
The Mount Joy Township Board of Supervisors.
See "landscape screen."
Any enclosed or open structure, other than a boundary wall,
boundary fence or farm fence, occupying more than 16 square feet of
area and/or having a roof supported by columns, piers or walls; any
addition to an existing nonresidential building occupying more than
16 square feet.
A building that houses an accessory use which is clearly
incidental and subordinate to the principal use on a lot and which
is located on the same lot as the principal building.
The total of areas taken on a horizontal plane at the average
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, awnings, terraces and steps.
The person designated by the Township to enforce the rules
and regulations that govern the design and construction of buildings
in the Township.
The ratio of the area of all portions of a lot covered by
buildings to the total area of the lot, excluding any portions of
the lot within the street right-of-way.
The height of a building in all districts shall be measured
from the average ground level at the corners of the building to the
highest point of the roof, provided that chimneys, spires, towers
and elevator penthouses, tanks and other similar projections shall
not be included in calculating the height.
A building that houses the principal use of a lot.
A line within a property defining the required minimum distance
between any building and the adjacent right-of-way line or property
line. For the purpose of determining minimum lot width, the building
setback line shall be the line measured from the street right-of-way.
A sign attached to or painted on a building or attached to
an awning or canopy that is either attached to a building or is a
freestanding structure, including, but not limited to, awnings that
provide shelter over fuel pumps or drive-through facilities. This
term includes wall signs and roof signs. A window sign shall also
be regulated as a building sign, except as provided in the definition
of "window sign" below.
A sign that directs attention to any business, professional,
commercial or industrial activity occurring on the premises on which
the sign is located, but not including a home occupation sign.
A small restaurant, coffeehouse, or tearoom, excluding a
tavern, adult-oriented business and/or nightclub-type use, which typically
contains an area of exterior seating that is under constant supervision
by an employee of the business.
A lot or tract or ground, which shall be a minimum of five
acres in size, on which may be placed tents, campers, motor homes,
travel trailers or manufactured homes which do not exceed 320 square
feet in floor area, where persons or families may live on a temporary
basis for a time period which shall not exceed 181 days in any one
calendar year.
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower emitted by
any lamp, light source, or luminaire.
An unenclosed structure for the storage of one or more vehicles
in the same manner as a private garage, which may be covered by a
roof supported by columns or posts except that one or more walls may
be the walls of the main building to which the carport is accessory.
Land or buildings used for the burial of three or more deceased
noncremated humans. A crematorium shall only be permitted if such
is specifically stated.
A business sign that provides identification at the entrance
to a planned center, such as a shopping center, industrial park, or
office park.
A building that is operated by an institution or nonprofit
organization for the purpose of providing living and sleeping quarters
for children, such as an orphanage or similar use.
Natural, dry wood that has no paint, stains, or other types
of coatings, and natural wood that has not been treated with, including
but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas.
This definition shall not include private residence mounted satellite
dishes or television antennas or amateur radio equipment, including,
without limitation, ham or citizen band radio antennas.
An area, which may or may not coincide with a lot of record,
on which a commercial communications antenna and associated facilities
are installed.
Shall refer to the C-1, C-2, MU and IN Zoning Districts.
[Amended 3-16-2015 by Ord. No. 293-2015]
Producing and/or maintaining with the express purpose and
intent of selling the product for a livelihood.
A group of buildings that are designed to contain smaller
commercial retail uses and/or professional offices at a form and scale
compatible to the neighborhood it will serve. The buildings are intended
to perform as an individual community or neighborhood that will serve
the needs of the residents of the Township as well as those that pass
by.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
A place of gathering for social events, meetings, educational
courses, recreational purposes or similar events. A community center
may be constructed as part of a residential neighborhood, in which
case such center may be privately held by a homeowners association
or similar entity, or a community center may be constructed outside
of a residential neighborhood intended for public use in which case
the center may be operated by a public or private entity.
A sewage disposal system, other than a public sewer system,
which provides sewage disposal for two or more units of occupancy
and which shall comply with all applicable regulations of the Department
of Environmental Protection or other regulatory agency.
A water supply system, other than a public water system,
providing water for more than two units of occupancy, which shall
comply with all applicable regulations of the Department of Environmental
Protection or other regulatory agency.[1]
The Regional Strategic Plan of Elizabethtown Borough, and
Conoy, Mount Joy and West Donegal Townships, as adopted in 2010 by
the Mount Joy Township Board of Supervisors by Resolution No. 6-2010,
and any amendments made hereafter.
Permission or approval granted to an applicant pursuant to
this chapter to use land in a zoning district for a purpose so authorized
in the district. Uses permitted by conditional use are specifically
stated herein and shall be permitted only under the terms, procedures
and conditions prescribed in this chapter. Conditional uses are granted
or denied by the Board of Supervisors in accordance with the procedures
set forth in this chapter and in the Municipalities Planning Code.[2] The burden of proof in all requests for conditional uses
shall be upon the applicant to establish compliance with all requirements
of this chapter pertaining to the grant of a conditional use and all
provisions applicable thereto.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts
of the structure in common with the others.
A building and/or land which contains rooms for the gathering
of persons suitable for meetings, lectures, presentations and similar
activities. A conference center shall not include overnight lodging
facilities. If overnight lodging facilities are located on the same
tract, such overnight lodging facilities shall be considered a separate
use.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
A plan that identifies conservation practices and includes
site specific Best Management Practices (BMPs) for agricultural plowing
or tilling activities and animal heavy use areas in accordance with
the regulations of 25 Pa. Code Chapter 102, and any revisions made
hereafter.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Lots which have the same ownership, which share a common
property line or, when property lines do not extend to the center
line of a street, which would share a common property line if property
lines extended to the center of the street separating such lots.
A business operation or sole individual that contracts to
supply certain materials or do certain work for a stipulated sum and
is generally in the building trade industry.
A temporary sign that carries the name and information about
a contractor who is involved in construction, renovation, or alteration
work occurring on the premises on which the sign is located.
A retail sales business which specializes in providing household
products, prepackaged or prepared food, nonalcoholic beverages and
tobacco products. Convenience stores may also include various dispensing
machines, such as videos, candy, nonalcoholic beverages and cash automated
teller machines. The sale of alcoholic beverages may be permitted
upon demonstration of compliance with approved methods of the PA Liquor
Control Board. Convenience stores shall not include the dispensing
of gasoline or other vehicle fuels, unless the appropriate approvals
for a vehicular fueling station (as defined herein) have been obtained.
Convenience stores shall not include vehicular washing facilities
(as defined herein) unless the appropriate approvals have been obtained.
An assemblage of uses that provide for a setting where indoor
and outdoor exhibits and activities serve various business, entertainment,
and recreational gatherings. This use can also include related lodging
facilities in a hotel-type setting, as defined herein, commercial
recreation facilities, restaurants and retail uses. Convention centers
shall not include an adult-oriented business or nightclub-type use.
The point at which all light rays emitted by a lamp or luminaire
are eliminated (cutoff) at a specific angle above ground.
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted.
A luminaire with elements such as shields, reflectors, or
refractors, or refractor panels which direct and cut off the light
at a cutoff angle that is less than 90°.
All day-care facilities as described below shall comply with
the specifications, standards, and licenses of the Pennsylvania Department
of Welfare and any other jurisdictional agency over such facility;
evidence of compliance with the aforementioned shall be provided prior
to issuance of a zoning permit:
[Amended 1-6-2014 by Ord. No. 284-2014]
ADULT DAY-CARE CENTERA use providing supervision to persons who need daily oversight because of old age, Alzheimer's disease, a physical disability or retardation/developmental disability, and which does not routinely involve an individual staying on site for more than 60 hours per week.
COMMERCIAL DAY-CARE CENTERA principal use, or an accessory use, in which more than six individuals are cared for or supervised during any calendar day.
HOME DAY-CARE CENTERAn accessory use to a single-family detached dwelling in which four to six individuals, who are not related to the residents of the principal dwelling, are cared for or supervised during any calendar day.
A small restaurant that serves prepared cooked meats, sandwiches,
salads, cheeses and similar items. This shall not include a tavern,
adult-oriented business, or nightclub use.
The absence of routine maintenance and repair which leads
to structural weakness, decay and deterioration in a building to structure.
To tear down, raze, destroy, do away with.
The number of dwelling units permitted in relation to the gross area of the site, exclusive of the existing perimeter or public or private streets' rights-of-way and areas within the identified floodplain area as established in accordance with Chapter 70, Floodplains. "Density" may also refer to the amount of floor area of a nonresidential development that is permitted in relation to the gross land area of the development lot.
[Amended 3-16-2015 by Ord. No. 293-2015; 3-21-2016 by Ord. No.
299-2016]
The Department of Environmental Protection of the Commonwealth
of Pennsylvania or any agency successor thereto.
An area that is designated as appropriate for future development
and includes the developed portions of the Township and development
capacity meets future land use needs. Designated growth areas are
given official standing by their incorporation on future land use
maps and through the adoption of the Comprehensive Plan.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
Attributable to mental retardation, cerebral palsy, epilepsy
or autism.
Found to be attributable to any other conditions found to be
closely related to mental retardation because such condition results
in similar impairment of general intellectual functioning or adaptive
behavior to that of mentally retarded persons or requires treatment
and services similar to those required for such persons.
A person with a developmental disability.
This term may refer to a lot that is to be part of a proposed
land development or in the following specific references:
[Amended 3-16-2015 by Ord. No. 293-2015]
The land, which may be comprised of one or more lots, within the Mixed Use District (MU) which is proposed to be developed as a single, unified development in accordance with the provisions of Article XV of this chapter;
The land, within the Light Industrial District (LI), which is proposed to be developed as a single, unified development in accordance with the provisions of Article XVII of this chapter;
The land, within the Institutional District (IN), which is proposed to be developed as a single, unified development in accordance with the provisions of Article XX of this chapter;
The land, which may be comprised of one or more lots, which is proposed to be developed as a single, unified health care village in accordance with the provisions of § 135-273;
The land, which may be comprised of one or more lots, within the R-2 and/or the R-3 Zoning District, which is proposed to be developed a single, unified village design option development in accordance with the provisions of § 135-353;
The land, which may be comprised of one or more lots, within the R-1 and/or MU Zoning District, which is proposed to be developed as part of the active-adult community design option in accordance with the provisions of § 135-352.
An off-premises sign providing direction to a property that
is scheduled for an open house or for sale, lease or rent or a sign
providing direction to a special event, garage/yard sale, or business.
Light actually seen coming straight from the lamp, reflector,
or reflector diffuser in the luminaire.
When used in this chapter to reference industrial uses, distribution
shall refer to a process whereby materials, goods or products are
imported or stored by one person and then delivered to another.
Animals or birds, including but not limited to dogs and cats,
that are locally available for purchase as pets and are an accessory
to a residential use. Domestic pets shall not include farm animals,
such as cows, sheep, goats, chickens and pigs, and shall not include
animals or birds defined as wild animals or wild birds (other than
those locally available for purchase as pets) by the Game and Wildlife
Code, 34 Pa.C.S.A. § 102. Domestic pets shall not include
reptiles, such as snakes, which are not indigenous to the Township.
A building or hall that provides sleeping quarters for students
of a public or private school.
Facilities that enable drive-through pick up of goods or services at a retail store (i.e., pharmacies and convenience stores to name a few examples), drive-through restaurant or financial institution. Drive-through facilities shall be designed in accordance with § 135-255.
An improved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving one single-family
dwelling unit or a farm.
[Amended 4-17-2017 by Ord. No. 312-2017]
A building permanently erected on and attached to a foundation,
having a fixed location on the ground and used as the living quarters
for one or more families for a continuous period of 30 or more days,
which building, when so erected and attached, shall, in the normal
time frame of reference, be immobile. Hospitals, hotels, motels, dormitories,
children's homes, boardinghouses, institutional houses, tourist courts
and the like, offering overnight accommodations for guests, students
or patients, or any structure occupied for a continuous period of
less than 30 days, shall not be considered dwellings within the meaning
of this chapter.
[Amended 1-6-2020 by Ord. No. 320-2020]
In order to be considered a dwelling for the purposes of this
chapter, the building shall comply with all of the following requirements:
the dwelling shall be placed on a permanent foundation; the dwelling
building shall be attached to the foundation wall by anchor bolts
or similar attachments approved by the Zoning Officer as contrasted
with the mere setting of the dwelling building on the foundation wall
system; in the event that the dwelling building was formerly a manufactured
home, the entire running gear, as contrasted with just the wheels,
shall be removed; and any towing hitch shall be removed from the dwelling
building. If the dwelling building was formerly a manufactured home,
the permanent foundation shall be constructed in accordance with the
following:
A manufactured home without a basement shall be placed upon
pillars constructed of ten-inch or larger concrete block with anchor
bolts or devices installed at the top of each pillar for tie-down
purposes. The pillars shall be constructed immediately beneath the
frame rails and shall be of such number and spaced so as to ensure
here and below equal distribution of the weight placed thereon. Footings
shall be placed beneath each pillar, which shall be 24 inches long
by 24 inches wide and 10 inches in thickness. A perimeter masonry
wall shall be installed, constructed of six-inch or larger concrete
block. A footing shall be placed beneath the perimeter masonry wall,
the width of which shall be three times the thickness of the concrete
masonry unit utilized and shall be a minimum of 10 inches in thickness.
The footing shall be a minimum of 36 inches below finished exterior
grade. This perimeter masonry wall is not intended to be a load-bearing
wall.
A manufactured home with a basement shall be placed upon a perimeter
masonry wall, constructed of ten-inch or greater concrete block. Steel
I-beams shall be installed at the top of the perimeter masonry wall,
perpendicular to and immediately beneath the frame rails. The steel
I-beams utilized shall be of sufficient size and number so as to ensure
equal distribution of the weight placed thereon. A footing shall be
placed beneath the perimeter masonry wall, which shall be a minimum
of 24 inches in width and 10 inches in thickness. The footing shall
be a minimum of 36 inches below finished exterior grade. The manufactured
home shall have two tie-down bolts or devices installed at or on each
steel I-beam.
Dwellings shall be classified as follows:
APARTMENT HOUSEA dwelling building containing three or more dwelling units, at least one of which must be located above or below the remaining units; also known as multifamily or multiple-family dwelling.
SINGLE-FAMILY DETACHED DWELLINGA freestanding dwelling which does not have a party or lot line wall and designed to accommodate one dwelling unit for one family and having four yards.
SEMIDETACHED DWELLING or TWO-FAMILY DWELLINGA freestanding dwelling building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Buildings containing two dwelling units in an over-and-under configuration shall be provided with four yards. Buildings containing two dwelling units in side-by-side configuration shall have four yards if on a single lot or, if each dwelling unit shall be located on a separate lot, shall have three yards.
TOWNHOUSE (or "SINGLE-FAMILY ATTACHED DWELLING")A dwelling building containing between three and six dwelling units arranged in a side-by-side configuration, having two or more party walls and not having any horizontal division between the dwelling units.
Any structure or part thereof designed to be occupied as
living quarters for a single housekeeping unit for a continuous period
of 30 or more days. It is the intention of the Township that any occupancy
which is subject to the Lancaster County room tax established by Lancaster
County Ordinances 45 and 46 or any successor ordinances, except a
bed-and-breakfast, shall not be considered a dwelling unit.
[Amended 4-17-2017 by Ord. No. 312-2017; 1-6-2020 by Ord. No. 320-2020]
Any business, commercial or industrial sign and/or billboard
or portion of a sign and/or billboard that appears to have movement
or that appears to change, caused by any method other than physically
removing and replacing the sign or its components, whether the apparent
movement or change is in the display, the sign structure itself, or
any other component of the sign. This includes a display that incorporates
a technology or method allowing the sign face to change the image
without having to physically or mechanically replace the sign face
or its components. This also includes any rotating, revolving, moving,
flashing, blinking, or animated display and any display that incorporates
rotating panels, LED lights manipulated through digital input, "digital
ink" or any other method or technology that allows the sign face to
present a series of images or displays. This definition shall not
include electronic message display signs that repetitively indicate
time, temperature and date, to other text or scrolling text message
signs and to vehicular service station signs that digitally display
current fuel prices.
Any construction or other activity which disturbs the surface
of the land including, but not limited to, excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing, or storing of soil, rock or earth, excluding
the tilling of soil for agricultural purposes.
An additional dwelling unit created by the addition to or
conversion of an existing principal dwelling or by the placement of
a manufactured home on a property containing an existing dwelling,
for occupancy by persons related by blood, marriage or adoption to
the occupants of the principal dwelling.
A measurement used to compare light output to the power consumed
to operate the lamp.
A sign which directs attention to a candidate for public
office, a political party or ballot issue. (See also "issue sign.")
An electronic business, commercial or industrial sign that
displays time, temperature or current sales or events related to the
business activity occurring on the premises. Electronic message center
signs shall only consist of text-type messages and shall not be permitted
to contain graphics, pictures or any other animated displays.
Fire, ambulance, rescue and other emergency services of a
municipal or volunteer nature.
An area of land including steep slopes, wetlands, floodplains,
restricted soils, forest stands, and/or specimen of trees with a caliper
of eight inches or greater.[3]
The architectural style, design and general arrangement of
the various parts of a building, structure or object. This may include
the color, nature and texture of building materials, and the type
of style of all windows and doors, ornamental applications, etc.
One or more individuals related by blood, marriage or adoption
(including persons receiving foster care) that maintain one common
household unit and live within one dwelling unit, or up to four unrelated
individuals who maintain a common household and live within one dwelling
unit. A family shall also expressly include any number of unrelated
persons who reside within a licensed group home, as defined herein.
It is the express intent of the Township to comply with all provisions
of the Federal Fair Housing Act, as amended, and regulations promulgated
thereunder, in the construction of this term.
Any parcel of land which is used for agricultural purposes
including the raising of agricultural products, livestock, poultry
or dairy products, including necessary farm structures, a single-family
detached dwelling and the storage of equipment customarily incidental
to the primary use.
A temporary sign advertising the sale of farm products, such
as produce, flowers or other agricultural commodity sold at a temporary
or seasonal farmer's stand.
A low intensity commercial activity that functions as customary accessory use to an on-site farm. Farm-related businesses are intended to provide supplemental income to farmers to encourage the continuation of farming and to provide needed services to other farmers. Such activities shall be strictly subordinate and incidental to the primary farm activity on the lot and shall not be permitted to be developed to an intensity that will cause possible conflict with the purposes of the Agricultural District. Only uses listed under section § 135-227F shall be permitted as a farm-related business.
A permanent sign providing identification of a farm-related
business and/or an agritourism enterprise that is operated on the
premises on which the sign is located.
Any guest accommodations on an active farm property where
not more than eight bedrooms are rented to overnight guests on a daily
basis for periods not exceeding one week. Meals shall only be offered
to those resident guests of the farm stay.
A retail sales use where one or more local farmers display
and sell fresh produce, baked goods and/or local craft items in one
location. Such items shall be made or grown on a local farm in the
Township. Farmer's markets shall not include any other vendor displays
or sales other than those specifically referenced above and shall
not include a flea market, except as such uses are permitted within
the district in which the farmers market is to be located.
A structure designed as a barrier to restrict the movement
or view of persons, animals, property and/or vehicles.
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land including, but not limited
to, levees, bulkheads, dikes, jetties, embankments and causeways.
A bank, savings and loan association, credit union, finance
or loan company, etc.
A retail sales use where more than one vendor displays and
sells general merchandise that is new or used. Flea markets can include
indoor and outdoor display of merchandise.
A temporary inundation of normally dry land areas.
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source; and/or the identified floodplain area established in Chapter 70, Floodplains, of the Code of Ordinances.[4][5]
[Amended 3-21-2016 by Ord. No. 299-2016]
For dwelling units, the total floor area of the dwelling
unit actually used for habitation, excluding cellars, storage attics,
porches, garages and the like; for nonresidential units, the sum of
the floor areas of a building as measured to the outside surface or
exterior walls and including all areas intended and designed for the
conduct of the use.
A unit of light concentration produced on a horizontal plane
stated in lumens per square foot and measured with a light meter.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
Any sign erected upon a permanently affixed independent structure
(legs or base) so that such structure is the main support of the sign
and/or any sign which is not supported by part of a building.
An area establishing the required location for all, or a
portion of a building's front facade, as measured from the street
line.
An attribute of a lighting fixture from which no light is
emitted at or above a horizontal plane drawn through the bottom of
the fixture and no more than 10% of the lamp's intensity is emitted
at or above an angle 10° below that horizontal plane, at all lateral
angles around the light fixture.
An attribute of a lighting fixture provided with internal
and/or external shields and louvers to prevent brightness from lamps,
reflectors, refractors, and lenses from causing glare at normal viewing
angles.
A principal use for the preparation and viewing of the dead
prior to burial or cremation. Funeral homes shall not include cemeteries,
columbariums, mausoleums, nor entombments, but do include mortuaries
and crematorium.
A temporary sign indicating the location of premises available
or in the process of development and having inscribed thereon the
name of the owner, developer, builder or agent responsible for the
development.
A building, structure or any part thereof in which one or
more motor vehicles are housed, kept or repaired. Garages are classed
as private garages or public garages.
PRIVATE GARAGEAn accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than 1 1/2 tons' capacity may be stored therein where the use of such vehicle is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises.
PUBLIC GARAGEAny garage not included within the definition of a private garage.
A temporary sign that directs attention to the sale of personal goods on the premises on which the sign is located or an off-premises sign that provides direction to the premises in which the garage/yard sale is to occur along with the date and time of the sale. Such a sign pertains only to residential or nonprofit organizations and places of worship that have similar sales complying with § 135-314B of this chapter.
Excessive brightness in the field of view that causes loss
of visual performance or annoyance, jeopardizing health, safety, or
welfare.
A recreational area primarily used for playing golf and which
has a minimum of 2,800 yards of play in nine holes or 5,000 yards
of play in 18 holes and which may include accessory facilities.
A sign placed by a governmental unit or a municipal authority,
such as a traffic, directional, information, or street name sign,
or a historical marker.
A facility operated by a political subdivision of the commonwealth,
the commonwealth, or the federal government providing training and
educational services for government employees, including customary
accessory uses. A government training center shall not include a hospital,
prison, or other facility at which government employees may also receive
training in conjunction with the operation of such principal use.
An accessory or principal use consisting of a building in
which the roof and sides are made largely of glass or other transparent
or translucent material and in which the temperature and humidity
can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
A dwelling unit operated by a reasonably responsible individual,
family or organization with a program to provide a supportive living
arrangement for individuals where special care is needed by the individual
served due to age, emotional, mental or physical handicap. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons and all persons subject to protection under the Federal
Fair Housing Act Amendments of 1988. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use. Group homes shall be subject to the
same limitations and regulations by the Township as the type of dwelling
unit they occupy. It is the express intent of the Township to comply
with all provisions of the Federal Fair Housing Act, as amended, and
regulations promulgated thereunder, in the construction of this term.
A waste material that is defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as the same shall be amended.
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.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
The vertical distance from the ground directly below the
center line of the luminaire to the direct light-emitting part of
the luminaire.
A principal or accessory use where one or more helicopters
may land/take-off and be stored. Such use may also include support
services such as fueling and maintenance equipment, passenger terminals
and storage hangars.
A family of electric discharge light sources including metal
halide, high-pressure sodium, and mercury vapor lamps.
An HID light source that typically provides high efficacy
but poor color. The source is considered to be yellow in color by
most people.
The geographical location, time period, and function(s) that
existed within the period of significance of a historic resource.
Historic integrity is the composite of seven qualities: location,
design, setting, materials, workmanship, feeling and association.
All seven qualities do not need to be present as long as the overall
sense of past time and place is evident. All properties change over
time. The retention of integrity depends upon the nature and degree
of alteration or change. It is not necessary for a property to retain
all the physical features or characteristics that it had during its
period of significance. However, the property must retain the essential
physical features that enable it to convey its past identity or character
and therefore its significance.
A parcel of land containing one or more historic resources.
Any building, structure, site, object or district that is:
Listed in the National Register of Historic Places, individually
or as a contributing resource in a National Register Historic District;
or
Identified by the Pennsylvania Historical and Museum Commission
as being eligible to be listed in the National Register of Historic
Places, individually or as a contributing resource in a National Register
Historic District.
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the requirements of § 135-234.
A permanent sign providing information about a business activity
conducted within a dwelling unit on the premises on which the sign
is located.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
A principal use whereby equestrian instruction is offered
and horses are kept, bred, trained and/or exercised upon land not
occupied by the owner of the horse(s).
An institution, licensed in the Commonwealth of Pennsylvania
as a hospital, which renders inpatient and outpatient medical care
on a twenty-four-hour-per-day basis; and provides primary health services
and medical/surgical care to persons suffering from illness, disease,
injury, deformity and other abnormal physical or mental conditions.
A hospital use can also include attached and detached accessory uses
provided that all accessory uses are contained upon the hospital property.
A hospital shall not include a use that meets the definition of a
treatment center, as defined by this chapter.
A facility which provides lodging to boarders for compensation,
which contains more than eight rooms with less than 25% of the rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, and which may provide meals
and other services as a part of the compensation. The duration of
said lodging is not to exceed 15 days in a thirty-day period.
A permanent sign used to identify the name and display information
about the individual, organization, institution, facility or development
located on the premises on which the sign is located but not including
a business sign. (Also see "residential development sign" and "public
use sign.")[6]
The ratio of the area of all portions of a lot covered by
impervious surface to the total area of the lot, excluding any portions
of the lot within the street right-of-way.
Any material that covers the land which inhibits the percolation
of stormwater directly into the soil including, but not limited to,
buildings, pavement and stormwater facilities that discharge stormwater
off the site.
An informational sign, no more than two square feet in size,
that carries a message such as "enter," "open," "telephone," "restrooms,"
"no parking," "no trespassing," "warning," "private property," a listing
of hours when open, an on-site direction, or anything similar. Incidental
signs may not include any commercial message or logo, except that
one "enter" sign per entrance may include a logo or business name,
as long as the entrance is exclusively for that business and the logo
or business name is subordinate to the word "enter."
Direct light that is reflected from or has scattered off
of other surfaces.
Shall refer to the LI and GI Zoning Districts.
[Amended 3-16-2015 by Ord. No. 293-2015]
A planned center containing industrial uses and customary
accessory uses.
A temporary sign that directs attention to a candidate(s)
for elective office or to an opinion of a public or private nature,
such as but not limited to a community, social, religious, judicial,
political, or ballot issue. A sign including commercial advertising
shall not be considered an issue sign.
Junk shall include wastepaper, trash, rubber debris, waste,
scrap metal, copper, brass, iron, steel and other old or scrap ferrous
or nonferrous materials, batteries, discarded building materials,
house furnishings, machinery, wrecked, scrapped, ruined, dismantled
or junked vehicles, or parts thereof.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of junk, with or
without the dismantling, processing, salvage, sale or other use or
disposition of such junk. The deposit or storage on a lot of two or
more unlicensed and/or uninspected wrecked or disabled vehicles or
the major part thereof shall be deemed to constitute a junkyard.
Any lot on which more than four dogs or cats that are older
than six months are kept, boarded, raised, bred, and/or treated. Dogs
or cats that are routinely kept indoors as part of a permitted pet
store, animal adoption center or veterinary office shall not be considered
a kennel for the purposes of this chapter.
[Amended 8-15-2016 by Ord. No. 305-2016]
A light bulb.
A professional business that specializes in lawn care and
maintenance, placing or arranging lawns, trees, hardscape (i.e., stones,
pebbles, pavers etc.) shrubs and similar materials.
A completely planted visual barrier composed of evergreen
shrubs and trees arranged to form both a low-level and a high-level
screen between grade and to a height of six feet.
A manure digester principally used to convert biogas into
electricity, heat, and water. Large manure digesters accept livestock
and poultry manure (primary catalyst), generated off site or from
more than one farm. Large manure digesters may include "co-digestion"
in which the livestock and poultry manure (primary catalyst) may be
mixed with other organic materials (secondary catalyst).
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
A large-scale solar energy system shall be any ground-mounted
solar energy system that covers one acre of ground or more. In order
to determine the ground space of a solar energy system, one should
place the smallest box possible around the solar energy system so
it contains the solar energy system in its entirety.
An area of land or other area used for a wind energy conversion
system principally used to capture wind energy and convert it to electrical
energy. Large wind energy production facilities consist of one or
more wind turbines, tower, and associated control or conversion electronics
and other accessory structures and buildings including substations,
electrical infrastructure, transmission lines and other facility if
it supplies electrical power solely for off-site use.
The assembly that houses a lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror and
or a refractor lens.
Light emitted by a lighting fixture which is cast beyond
the boundaries of the property on which the lighting fixture is situated.
Domestic animals, such as cattle or horses, or birds, such
as chickens, raised for home use or profit.
A piece, parcel or plot of land occupied or to be occupied
by one or more principal buildings and accessory buildings, including
the open spaces required under this chapter. A lot may include one
or more adjacent pieces, parcels or plots of land of record. The area
and depth of a lot shall be measured to the legal right-of-way line
of the street.
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.
A percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking area, sidewalks).
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.
The horizontal distance measured between side property lines.
On corner lots, lot width shall be measured between the right-of-way
line for the nonaddress street and the directly opposite property
line. Unless otherwise noted, lot width shall be measured at the building
setback line and the street frontage.[7]
The unit representing the quantity of light being produced
by a lamp or emitted from a luminaire. In the International System,
the lumen is the unit of luminous flux, equal to the amount of light
given out through a solid angle by a source of one candela intensity
radiating equally in all directions.
A complete light fixture, consisting of a light source, optical
reflector and housing, and electrical components for safely starting
and operating the source.
The internal street or access drive of a town center development
that serves as the principal thoroughfare of the development and provides
walkable access to a variety of smaller storefronts.
To keep in its existing state, preserve from failure or decline,
upkeep.
A function involving either the processing or production
of materials, goods or products.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities.
[Amended 3-21-2016 by Ord. No. 299-2016]
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home, which is leased
by the park owner to the occupants of the manufactured home erected
on the lot.
The part of a manufactured home lot that is being reserved
for the placement of the manufactured home.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
The fecal and urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
A facility where the main purpose is to use anaerobic digestion
processes to convert livestock and poultry manure (primary catalyst)
into biogas, which is generally burned on site to produce electricity,
heat, and water; as well as to manage livestock and poultry manure.
Manure digesters may include "co-digestion" in which the livestock
and poultry manure (primary catalyst) may be mixed with other organic
materials (secondary catalyst). Types of manure digesters include
covered anaerobic lagoons, plug-flow, and/or complete mix (or continually
stirred tank reactor), along with other appurtenant structures and
facilities.
A detached structure or other improvement built to store
manure for future use or disposal. Types of storage facilities are
as follows: underground storage, in ground storage, earthen bank,
stacking area and above ground storage.
Mature forests and woodlands are areas indicated as the "Highlands
Region" in Figure 1 of Greenscapes, The Green Infrastructure Element
of the Lancaster County Comprehensive Plan, dated February 2009.[8] Mature forests and woodlands are generally contiguous
areas of mature tree cover that are frequently eight or more inches
in caliper and that encompass at least 100 acres or greater of land
area, regardless of the location of parcel lines, municipal boundaries,
zoning districts, or other similar features.
The maximum illumination measured in footcandles at a property
line.
The average height of the sea for all stages of the tide,
using the National Geodetic Vertical Datum of 1929.
Any building or group of buildings occupied by licensed medical
practitioners and related services for the purpose of providing health
services to people on an outpatient basis.
An HID light source that typically provides long lamp life
but poor color and low efficacy compared to other HID sources.
An HID light source that typically provides good color and
high efficacy.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. The term
mineral shall include, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas. This use shall not include routine
movement of topsoil.
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organization. These units shall be used solely
for dead storage and no processing, manufacturing, sales, research
and development testing, service and repair or other nonstorage activities
shall be permitted.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exitway requirements, nor shall "minor
repairs" include addition to, alteration of, replacement of or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A facility which provides lodging to boarders for compensation,
which contains more than eight rooms with at least 25% of the rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, and which may provide meals
and other services as a part of the compensation. The duration of
said lodging is not to exceed 15 days in a thirty-day period.
A device sensing motion electronically and switching on security
lighting for a timed duration.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101
et seq.
Any use by the Township or a municipal authority created
singly by the Township or jointly by the Township and other municipalities
for the public health, safety and welfare and which shall specifically
include administration, police, fire, recreation and public works
uses.
the official federal list of districts, sites, buildings,
structures, and objects significant in American history, architecture,
archaeology, engineering and culture.[9]
Any building containing an establishment which serves liquor
and usually food and offers a variety of live, evening entertainment,
including music, comedy acts, a floor show or dancing that is generally
open until the early morning hours. Additionally, nightclubs can offer
the retail sale of carry out beer and wine as an accessory use. This
is mean to include an "under 21" club which features live entertainment.
Nightclubs shall not contain an adult-oriented business.
A business or commercial activity administered or conducted as an accessory use which is clearly accessory to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with the residential use. The business or commercial activity must satisfy § 135-234B.
An accessory use to a principal detached single-family dwelling
that is not contained upon a farm, whereupon livestock are kept exclusively
by the residents of the site.
A lot, the area or dimensions of which was lawful prior to
the enactment of this chapter or any amendment thereto, but which
fails to conform to the requirements of the zoning district in which
it is located by reason of the enactment of this chapter or any amendment
thereto.
A structure or a part of a structure manifestly not designed
to comply with the applicable use or extent-of-use provisions in this
chapter or any amendment thereto, where such structure lawfully existed
prior to the enactment of this chapter or such amendment. Such nonconforming
structures include but are not limited to nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location by reason
of annexation.
Any aspect of a land use that does not comply with any size,
height, bulk, setback, distance, landscaping, coverage, screening
or any other design or performance standard specified by this chapter,
where such dimensional nonconformity lawfully existed prior to the
adoption of this chapter or amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance
or area type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
A use other than a dwelling or its customary accessory uses.
An institutional use in which persons may reside, such as a dormitory
or nursing home, shall be considered a nonresidential use.
Facilities designed for the housing, boarding and dining
associated with some level of nursing care.
A plan indicating compliance with Act 38 of 2005, and any
amendments made hereafter, pertaining to the protection of surface
and groundwater quality from those hazards typically associated with
the spreading of manure and other fertilizers on crops and fields.[10]
The maximum number of persons, as determined under the UCC,
which may simultaneously occupy a building or a portion thereof.
[Added 1-6-2014 by Ord. No. 284-2014]
A place where the primary use is conducting the affairs of
a business, profession, service or government, including administration,
record keeping, clerical work and similar business functions. An office
shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair or storage of materials, goods
or products; or the sale or delivery of any materials, goods or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
A planned center containing business and professional offices
and customary accessory uses.
A map adopted by ordinance pursuant to the Municipalities
Planning Code and recorded in the office of the Lancaster County Recorder
of Deeds.
A sign that advertises a service, product or activity that
is not offered or located on the lot upon which the sign is located.[11]
A sign that applies to the lot on which the sign is displayed.
Any equipment, device or apparatus which is installed, affixed
or situated outdoors, and not situated within a building intended
for habitation by humans or domestic animals, which is used for the
primary purpose of combustion of fuel to produce heat for energy as
a heating system or component thereof, which provides heat or hot
water to the principal structure, to a structure used for human or
animal habitation, or to any accessory uses or structures, including,
but not limited to, greenhouses, conservatories, and swimming pools.
For the purposes of this particular appliance, a chimney shall mean
any vertical structure enclosing a flue or flues that carry off smoke
or exhaust from an outdoor hydronic heater. Such appliances are also
commonly referred to as outdoor wood-fired furnaces, outdoor wood-burning
appliances, or outdoor solid fuel fired boilers heaters.
When used in determining the permissible number of lots which
may be subdivided or dwellings or other principal nonresidential uses
which may be erected within the A Agricultural District, all contiguous
land held in single and separate ownership, regardless of whether
such land is divided into one or more lots, parcels, purparts or tracts;
such land was acquired by the landowner at different times or by different
deeds, devise, partition or otherwise; or such land is bisected by
public or private streets or rights-of-way, which was held by the
landowner or his or her predecessor in title on June 4, 1978, or if
such land was not classified as A Agricultural District on June 4,
1978, which was held by the landowner or his or her predecessor in
title on the date such land was first classified as A Agricultural
District after June 4, 1978.
A multilevel parking structure that is intended to be accessory to a principal use and to provide sufficient parking area in order to meet the requirements listed in Article XXV of this chapter.
An accessory use in which required, and possibly, additional parking spaces are provided subject to the requirements listed in Article XXV of this chapter.
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
Pennsylvania Department of Transportation.
A sign intended to be displayed for the life of the business,
activity or other establishment on the premises.
An individual, corporation, partnership, association, estate,
trust or other legally recognized entity and the officers of such
corporation and the members of such partnership or association.
A facility licensed by the Commonwealth of Pennsylvania as
a personal care home, and which provides residential and oversight
facilities for seven or more unrelated persons who need such facilities
because of old age or physical handicap.
A church, synagogue or similar building used primarily for
religious worship and that is operated for noncommercial purposes.
A place of worship may include one dwelling unit as an accessory use
on the same lot for the housing of professional religious staff or
one family. A place of worship may also include an accessory day-care
center serving up to 50 children at one time. If a higher number of
children are served, the requirements for a principal day-care center
shall also be met. A place of worship may also include a cemetery,
rooms for religious classes, and areas for accessory noncommercial
recreation. A primary or secondary school may be permitted if the
requirements for such use are also met.
A group of uses planned and designed as an integrated unit
with controlled ingress and egress, coordinated utilities, landscaping
and buffering and shared off-street parking provided on the property
as an integral part of the unit.
Mount Joy Township Planning Commission.
The Northwest Regional Lancaster County Police Department
of any successor thereto.
A portable sign shall be any temporary sign that can be towed
or affixed to the side panel of a trailer or other vehicle. Portable
signs shall also include temporary-sidewalk-type signs. The purpose
of such signs is to advertise special events or daily specials at
a commercial establishment.
Pennsylvania Power and Light. For the purposes of this chapter,
the use of the term PPL shall also refer to any equivalent electrical
service provider.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR) or a runway for which a precision approach system is planned
and is so indicated on an approach airport layout plan or any other
planning document.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway; for military runways or when
the runway has no specially prepared hard surface or planned hard
surface, the primary surface ends at each end of that runway. The
width of the primary surface is set forth in Subsection D herein.
The elevation of any point on the primary surface is the same as the
elevation of the nearest point on the runway center line.
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership of such club. Clubs shall include,
but not be limited to, service and political organizations, labor
unions, as well as social and athletic clubs. Private clubs shall
not include adult-oriented businesses or nightclubs as defined herein.
A recorded boundary of a lot. However, any property line
which abuts a street or other public or quasi-public way shall be
measured from the legal right-of-way line of the street.
Owned, operated or controlled by a governmental agency (federal,
state, or local, including a corporation created by law for the performance
of certain specialized governmental functions). This definition shall
not include the Elizabethtown or Donegal School Districts.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action on zoning-related matters.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7,
known as the Sunshine Act, and subsequent amendments.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing.
An identification sign used to identify the name and display
information about a public use, such as a government building, school,
park, firehouse, police station, college, place of worship, hospital
and other public institution.
Signs that are necessary for a sewage service, water supply,
land-line telephone, cable service, or electricity provider to post
in the performance of its responsibilities, such as warning signs
and utility pole identification numbers.
A temporary sign that provides information about a real estate
open house and including the words "open house," the day and time
of the open house, and the name of the realtor or other contact person
for the open house.
A temporary sign that provides information about a real estate
activity on the premises on which the sign is located, such as advertising
the sale, rental or lease of a property. A future development sign,
real estate open house sign shall not be included in this definition.
A lot(s) that is approved to permit a higher density than
would otherwise be permitted as a condition of the restriction of
development on sending property.
A facility devoted primarily to active and passive outdoor
or indoor recreation, but excludes outdoor shooting ranges, adult-oriented
businesses, nightclubs, and amusement parks.
COMMERCIAL RECREATIONAL FACILITYA recreational facility that is owned and operated by a nonpublic agency and is conducted as a business enterprise. Uses may include mini-golf courses, batting cages, golf driving ranges, pitch-and-putt golf courses, paintball courses, bowling alleys, go-kart courses, laser tag facilities, amusement arcades, indoor firing ranges and similar uses.
PRIVATE RECREATIONAL FACILITYA recreational facility that is owned or operated by a nonpublic agency and may be conducted as a private gainful business, but shall not include any commercial recreational facilities, as defined above. Private recreational facilities may include parks, indoor or outdoor athletic fields, greens, nature preserves, walking, hiking and biking trails, swimming pools, and other uses that are specified in each zoning district.
PUBLIC RECREATIONAL FACILITYA recreational facility that is owned or operated by a public agency.
A vehicle which is: a) built on a single chassis; b) not
more than 400 square feet, measured at the largest horizontal projections;
c) designed to be self-propelled or permanently towable by a light-duty
truck; d) not designed for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
When used in connection with historic resources shall mean
retention of reusable building materials for reuse.[12]
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features which convey its historical, cultural,
or architectural values.
A facility providing physical therapy, chiropractic therapy
and similar therapies on an outpatient basis.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandchild, great-grandchild,
grandparent, great-grandparent, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. Unrelated persons shall
be persons who are not a relative of each other.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on an average, equals or exceeds
25% of the market value of the structure before the damages occurred.
A permanent identification sign at the entrance of a neighborhood
or residential development.
The R-1, R-2, R-3, R and OS Districts.
[Amended 3-16-2015 by Ord. No. 293-2015]
An establishment that serves prepared food primarily on nondisposable
tableware, but can provide for incidental carry-out service so long
as the area used for carry-out service does not exceed 5% of the total
patron seating area nor 80 square feet (whichever is less). Caterers
shall be included in this definition. This term shall not include
adult-related businesses or nightclubs.
An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off the site. This term shall not include adult-oriented businesses or nightclubs. Drive-through restaurants typically contain drive-through facilities that are designed in accordance with § 135-255.
Those businesses whose primary activities involve the display
and sales of goods and products to the general public. This term shall
not include adult related uses as defined herein.
A riparian corridor incorporates a perennial or intermittent
body of water, its lower and upper banks, and the vegetation that
stabilizes its slopes. It includes the stream channel plus an adjoining
strip of land. Riparian corridors protect a waterway from erosion
and sediment, provide cover and shade, maintain wildlife habitat and
filter the air and water pollution. A riparian corridor shall also
include the limits of any one-hundred-year floodplain, as established
by the Federal Emergency Management Agency (FEMA) to reduce the loss
of life and property.
A temporary structure intended to sell produce that was locally
grown on a farm located within the Township. The term produce shall
include fruits, vegetables, flowers, baked goods and similar items.
A sign that is attached or painted on the roof of a building
or structure.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An accessory use to an active agricultural use in which educational
sessions and classes, exhibitions, conferences and meetings, receptions,
parties, weddings and social gatherings are conducted in a manner
that respects the rural/agricultural character of the property and
its surroundings. This does not include adult-oriented business uses,
as defined herein.
[Added 1-6-2014 by Ord. No. 284-2014]
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs or a college or university
accredited by a national or regional association for college and university
accreditation.
[Amended 3-16-2015 by Ord. No. 293-2015]
ONE-ROOM SCHOOLHOUSEA private school that offers education for students of the farming community and that will generally contain less than 50 students during a calendar year.
PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary and/or post graduate education that may or may not be operated as a gainful business.
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary and adult education, and operated by the school district.
VOCATIONAL SCHOOLA school that may, or may not be operated as a gainful business that principally offers skills training for truck driving, engineering repairs, auto repair, building construction and general contracting, woodworking, masonry, welding, plumbing, electrical contracting, culinary arts, agricultural sciences and health care services. For the purposes of this chapter, vocational schools shall also include the term mechanical trade schools and career and technology centers.
A lot(s) or portion of a lot that is restricted by a conservation
easement or farmland preservation easement as a condition of approval
of a higher density on the receiving property than would otherwise
be permitted.
A privately owned club or organization that involves the
shooting of projectile objects into a target and that occurs primarily
outdoors. Shooting ranges shall be operated in compliance with all
applicable local, state and federal regulations. For the purposes
of this chapter, a shooting range shall not include an indoor firing
range that is operated as a commercial recreational facility and no
regulations of a shooting range shall be interpreted to prohibit any
resident of the Township from participating in lawful hunting activities
under strict compliance with applicable state laws.
A lot including a total of three or more retail sales uses,
personal service and/or restaurant establishments which cumulatively
exceed 10,000 square feet of gross floor area. Such uses may be provided
under one roof or in separate buildings designed as a cohesive development
tract. In addition, a shopping center may also include other commercial
uses that are permitted by right, as a special exception use or as
a conditional use in the applicable district, under such standards,
unless specifically stated otherwise.
A structure or portion of a structure that would be considered
a dwelling unit if it were occupied as living quarters for a single
housekeeping unit for a period of 30 or more consecutive days which
is rented or leased for transient occupancy for a period of less than
30 days.
[Added 1-6-2020 by Ord. No. 320-2020]
Any advertisement, announcement, direction or communication
produced in whole or in part by constructing, erecting, affixing or
placing a structure on land or any other structure or produced by
painting, pasting or otherwise placing any printed, lettered, pictured,
figured or colored material on any building, structure or surface,
not including lettering or other identification which is part of the
architectural design of a building.
The ownership of a lot or tract by one or more persons, which
ownership is separate and distinct from that of any abutting or adjoining
lot.
The latest published version of the United States Department
of Agriculture soil survey for Lancaster County, Pennsylvania.
Solar energy systems shall include solar panels, collection
devices, storage facilities, and distribution components, use for
electricity production, water heating and space heating and cooling.
Garbage, refuse and other discarded materials, including
but not limited to solid, semisolid, liquid and contained gaseous
material resulting from municipal, industrial, commercial, agricultural
and residential activities. Solid waste shall not include hazardous
waste.
Land and/or structures used as a solid waste landfill permitted
by DEP, or a solid-waste-to-energy facility permitted by DEP, or a
solid waste transfer facility permitted by DEP. A solid waste landfill
shall involve the depositing of municipal waste on property, followed
by compaction, covering with soil and then additional compaction.
A solid-waste-to-energy facility shall involve incineration of nonhazardous
solid waste to generate energy. A solid waste transfer facility shall
involve temporary storage of solid waste at a site where it was not
generated, so it may be transferred to another vehicle to be transported
for disposal. A solid waste facility may also include sorting of recyclables.
A temporary sign that carries information about a special
event, such as an auction, flea market, festival, carnival, meal or
fundraising event that benefits a charity, place of worship, school,
fire company or similar nonprofit organization. This term shall not
include any business sign, such as a "sale" sign at a store.
Permission or approval granted to an applicant pursuant to
this chapter to use land in a zoning district for a purpose so authorized
in the district. Uses permitted by special exception are specifically
stated herein and shall be permitted only under the terms, procedures
and conditions prescribed in this chapter. Special exceptions are
granted or denied by the Zoning Hearing Board in accordance with the
procedures set forth in this chapter and in the Municipalities Planning
Code.[13] The burden of proof in all requests for special exceptions
shall be upon the applicant to establish compliance with all requirements
of this chapter pertaining to the grant of a special exception and
all provisions applicable thereto.[14]
The keeping of more adult horses or similar animals than are permitted under the keeping of pets provisions in § 135-302.
Includes streets, avenues, boulevards, roads, highways, freeways,
parkways, lanes, alleys, viaducts and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
The center of the surveyed street right-of-way or, where
not surveyed, the center of the traveled cartway.
A luminaire placed in or adjacent to a street right-of-way
for the purpose of illuminating a road, sidewalk, and/or intersection.
The line dividing a lot from the dedicated or legal right-of-way.
The street right-of-way line shall not be measured from the edge of
the improved cartway.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
ACCESSORY STRUCTUREA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
PRINCIPAL STRUCTUREA structure associated with a principal use.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food, but no live entertainment
shall be permitted.
A sign that is displayed for no more than 90 days in any
year, including consecutively from year to year, unless stated otherwise
in this article.
A facility which tests water, soil, or nonhazardous chemicals,
consumer goods and similar items, under standards and procedures which
are commonly accepted throughout the industry. A testing laboratory
shall not include any laboratory which presents a danger to the health,
safety or welfare of adjoining property owners.
A commercial operation which provides for the live viewing
of motion pictures, dramatic performances, or enactments of significant
events. Theaters shall not include adult-oriented businesses or nightclub
uses. A theater may include food a beverage sales (snack bars, restaurant
or dinner theater) and amusement arcades as accessory uses.
The Township of Mount Joy, Lancaster County, Pennsylvania.
A person who proposes to temporarily operate a transient
retail business in compliance with this chapter.
Use, occupancy, and/or possession of a dwelling unit or portion
thereof for a period of 30 consecutive calendar days or less.
[Added 1-6-2020 by Ord. No. 320-2020]
A person, as defined in this chapter, who uses, possesses,
or occupies a dwelling unit or portion thereof for a period of 30
consecutive calendar days or less.
[Added 1-6-2020 by Ord. No. 320-2020]
A temporary business the sole purpose of which is to sell,
trade or barter goods, wares or merchandise in compliance with this
chapter. Structures housing such businesses shall be temporary in
nature and easily deconstructed upon ceasing operations. Structures
may include a temporary building, tent, lot, stand or other premises.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces which project through and beyond the
limits of the conical surface extend a distance of 5,000 feet measured
horizontally from the edge of the approach surface and at ninety-degree
angles to the extended runway center line.
A use (other than a prison or a hospital) providing housing
for persons who need specialized housing, treatment and/or counseling
because of:
Criminal rehabilitation, such as a criminal halfway house;
Current addiction to alcohol or a controlled substance that
was used in an illegal manner; and/or
A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others. (See standards in § 135-232.)
Any object of natural growth.
The purpose or activity for which buildings, structures or
land is occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of the land or principal building and which is located on the same lot with such principal use or principal building.
PRINCIPAL USEThe primary use of the property.
A runway that is constructed for and intended to be used
by propeller-drive aircraft of 12,500 pounds' maximum gross weight
and less.
The permission granted for an adjustment pursuant to the
provisions and criteria of this chapter and the Municipalities Planning
Code to some regulation which if strictly adhered to would result
in unnecessary hardship, and where the permission granted would not
be contrary to the public interest and would maintain the spirit and
intent of this chapter. Variances are granted or denied by the Zoning
Hearing Board following a public hearing held in accordance with this
chapter and the Municipalities Planning Code.[16]
A building used primarily for the treatment by a veterinarian
of small domestic animals such as dogs, cats, rabbits and birds or
fowl. No outdoor boarding of animals is permitted. Larger animals
such as horses or livestock may be treated at veterinarian offices
that are located within the A and R districts.
A runway intended solely for the operation of aircraft using
visual approach procedures.
Any sign mounted upon a building so that its principal face
is not parallel to the building wall.
A sign attached to or painted on the wall of a building.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
A device which converts wind energy to mechanical or electrical
energy.
That portion of the windmill, i.e., blades and the associated
hub and shaft, which is intended to be moved or activated by the wind.
The supporting structure on which the windmill rotor and
accessory equipment are mounted.
An exhibit behind a window that is intended to draw attention
to a product, service, business or cause.
A sign of more than two square feet that is attached to a
window or visible through a window. A temporary window sign made of
paper on a commercial building is not regulated by this chapter. Any
other window sign shall be regulated as a building sign.
An open space unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of the required yard shall be measured
as the shortest distance between the structure and the lot line or
street line. Porches, decks and carports shall be considered a part
of the structure when measuring the yard area, but overhanging eaves,
gutters and cornices shall not be considered an infringement of the
yard requirements. For the purpose of defining yards, property boundaries
that are coterminous with limited access right-of-way lines are not
considered to have any street frontage along the limited access roadway.
FRONT YARDThe yard between a structure and the ultimate street right-of-way line and extending the entire length of the ultimate street right-of-way line. In the case of a corner lot, the yards extending along all ultimate street right-of-way lines are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all ultimate street right-of-way lines are front yards. The ultimate street right-of-way line shall be determined in accordance with § 135-301.
[Amended 5-19-2014 by Ord. No. 285-2014]
REAR YARDThe yard between a structure and the rear lot line and extending the entire length of the rear lot line.
SIDE YARDA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a corner lot, the yards which are not front yards shall be side yards.
The Zoning Hearing Board of the Township.
The duly constituted Township official designated to administer
and enforce this chapter in accordance with its literal terms.
[1]
Editor’s Note: The former definition of “completely
dry space,” which immediately followed this definition, was
repealed 3-21-2016 by Ord. No. 299-2016.
[2]
Editor's Note: See 53 P.S. 10101 et seq.
[3]
Editor’s Note: The former definition of “essentially
dry space,” which immediately followed this definition, was
repealed 3-21-2016 by Ord. No. 299-2016.
[5]
Editor’s Note: The former definitions of “floodproofing”
and “floodway,” which immediately followed this definition,
were repealed 3-21-2016 by Ord. No. 299-2016.
[6]
Editor’s Note: The former definition of “identified
floodplain area,” which immediately followed this definition,
was repealed 3-21-2016 by Ord. No. 299-2016.
[7]
Editor’s Note: The former definition of “lowest
floor,” which immediately followed this definition, was repealed
3-21-2016 by Ord. No. 299-2016.
[8]
Editor's Note: A copy of the Lancaster County Comprehensive
Plan is available in the Township offices.
[9]
Editor’s Note: The former definition of “new construction,”
which immediately followed this definition, was repealed 3-21-2016
by Ord. No. 299-2016.
[10]
Editor’s Note: The former definition of “obstruction,”
which immediately followed this definition, was repealed 3-21-2016
by Ord. No. 299-2016.
[11]
Editor’s Note: The former definitions of “one-hundred-year
flood” and “one-hundred-year-flood elevation,” which
immediately followed this definition, were repealed 3-21-2016 by Ord.
No. 299-2016.
[12]
Editor’s Note: The former definition of “regulatory
flood elevation,” which immediately followed this definition,
was repealed 3-21-2016 by Ord. No. 299-2016.
[13]
Editor's Note: See 53 P.S. 10101 et seq.
[14]
Editor’s Note: The former definition of “special
permit,” which immediately followed this definition, was repealed
3-21-2016 by Ord. No. 299-2016.
[16]
Editor's Note: See 53 P.S. 10101 et seq.
