The language set forth in the text of this chapter shall be
interpreted in accordance with the following rules of construction:
A.
Tense and form. Words used or defined in one tense or form shall
include other tenses or derivative forms.
B.
Number. Words in the singular number shall include the plural number,
and words in the plural number shall include the singular number.
C.
Gender. The masculine gender shall include the feminine and neuter.
The feminine gender shall include the masculine and neuter. The neuter
gender shall include the masculine and feminine.
D.
Person. The word "person" includes individuals, firms, partnerships,
joint ventures, trusts, trustees, estates, corporations, associations
and any other similar entities.
E.
Lot. The word "lot" includes the words "plot," "tract," "property,"
and "parcel."
F.
Watercourse. The word "watercourse" includes the words "drain," "ditch"
and "stream."
G.
Shall and may. The words "shall," "must" and "will" are mandatory
in nature and establish an obligation or duty to comply with the particular
provision. The words "may" and "should" are permissive.
H.
Time. The time within which any act required by this chapter is to
be performed shall be computed by excluding the first day and including
the last day. However, if the last day is a Saturday or Sunday or
a holiday declared by the United States Congress or the Pennsylvania
General Assembly, it shall also be excluded. The word "day" shall
mean a calendar day, unless otherwise indicated.
I.
Undefined terms. Any words not defined in this chapter or in Section
107 of PA MPC shall be construed as defined in standard dictionary
usage.
J.
Illustrations and tables. In case of any difference of meaning or
implication between the text of this chapter and any caption, illustration
or table, the text shall control. No caption, illustration or table
shall be construed to limit the scope or intent of the text of this
chapter.
For the purposes of this chapter, the following terms shall
have the following meanings:
A way or means of ingress/egress for vehicle and/or pedestrian
traffic from a street, right-of-way, public area or community facility,
to a lot and/or vice versa.
A private drive providing pedestrian and vehicular access
between a public or private street and a parking area.
Additional, something extra or complementary.
Includes the total area within the property lines of a lot
or parcel of land before public streets, infrastructure, utilities,
flood control channels or basins, or other areas to be dedicated or
reserved for a public use are deducted from such lot or parcel including
property previously dedicated.
The residual area of a lot or parcel once public streets,
flood control channels or basins, infrastructure, utilities or other
areas to be dedicated or reserved for a public use are deducted from
the total lot area.
A business or establishment which offers its patrons services
or entertainment characterized by an emphasis on matter depicting,
describing or relating to sexual activities and/or which legally engages
in one or more of the following areas of sexually explicit/oriented
sales, services or entertainment. These shall include but not be limited
to body painting; book or digital video or magazine store; theater,
motion-picture theater, cabaret, motel, or night/dance club; massage,
when not all practitioners on site are licensed by the Commonwealth
of Pennsylvania State Board of Massage Therapy; art and model studio;
arcade; and dating or escort service.
[Amended 3-18-2015 by Ord. No. 2015-03]
An enterprise actively engaged in the commercial production
and preparation for market of crops, livestock, livestock yards and
livestock products, poultry and dairy; and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities. The term includes
an enterprise that implements changes in production practices and
procedures or types of crops, livestock, livestock products or commodities
produced consistent with practices and procedures that are normally
engaged by farmers or are consistent with technological development
within the agricultural industry.
An "agricultural operation" as defined herein, with wholesaling
as an intermediate step, selling or arranging the purchase or sale
of goods for resale (i.e., goods sold to other wholesalers or retailers)
and/or raw and intermediate materials and supplies used in production.
This shall also include agricultural produce sales, stockyards and
buying stations.
The act of visiting a working farm or any agricultural, horticultural
or agri-business operation for the purpose of enjoyment, education
or active involvement in the activities of the farm or agricultural
operation. Agricultural uses such as farms, ranches, vineyards that,
through promotion and advertising, facilities, and activities, seek
to attract visitors, guests and vacationers. Agritourism uses may
include but are not limited to corn mazes, petting zoos related to
farm animals, hay rides, wineries, organic farming, gourmet food products,
farm operations tours and camps and other education programs. Accessory
uses to the agritourism enterprise may include restaurant and food
concessions, entertainment events, and the sale of products produced
on the site.
Unless specifically defined elsewhere herein, the following words and phrases when used in § 270-3.16 of this chapter relating to the (AHO) Airport Hazard Area Overlay Zone shall have the meaning given to them herein this subsection unless the context clearly indicates otherwise:
AIRPORTA principal use where one or more airplanes 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. For this chapter, Lancaster Airport is the primary airport and source of the zone.
AIRPORT ELEVATIONThe highest point of an airport's usable land area measured in feet above sea level. The airport elevation for Lancaster Airport (LNS) is 403 feet.
AIRPORT HAZARDAny structure or object, natural or manmade, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in § 270-3.16 of this chapter and Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
APPROACH SURFACE ZONEAn imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone is derived from the approach surface.
CONICAL SURFACE ZONEAn imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically (20:1) for a horizontal distance of 4,000 feet. The conical surface zone, as noted in § 270-3.16 of this chapter, is based on the conical surface.
FAAFederal Aviation Administration of the United States Department of Transportation (DOT), and its successors.
HORIZONTAL SURFACE ZONEAn imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The Horizontal Surface Zone is derived from the horizontal surface.
LARGER THAN UTILITY RUNWAYA 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.
NONPRECISION INSTRUMENT RUNWAYA 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.
OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by § 270-3.16 of this chapter.
PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precisions approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE ZONEAn imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface zone is derived from the primary surface.
RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
TRANSITIONAL SURFACE ZONEAn imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone is derived from the transitional surface.
TREEAny object of natural growth.
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
See "street, alley."
Any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels. Also, energy
systems derived from sources that do not use up natural resources
or harm the environment. "Alternative energy systems" may be classified
as either an accessory use or a primary use on a lot.
METHANE DIGESTER SYSTEMSA system of anaerobic treatment lagoons that produce methane-rich biogas through the anaerobic (without oxygen) digestion of manure or other agricultural waste.
SOLAR ENERGY SYSTEMAn active or passive energy system which converts solar energy into thermal, electrical, or mechanical energy, and consists of a solar energy collector, such as cells, panels, or arrays, an energy conversion and storage facility, and/or components for the distribution of transformed energy.
WIND ENERGY CONVERSION SYSTEM (WECS)Any device which converts wind energy to mechanical or electrical energy.
WIND ENERGY CONVERSION SYSTEM (WECS) UNITA WECS unit includes blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades etc.
Facility where patrons can primarily engage in hobby and
leisure-time interests, including but not limited to sports, dance
studios, health and fitness centers, indoor or outdoor recreation
or amusement activities; movie theaters, operating sports teams or
leagues engaged in playing games for recreational purposes; and guided
tours.
A landowner, developer, and/or agent of the landowner, as
hereinafter defined, including his heirs, successors and assigns,
who has filed an application for development under this chapter.
Attachments to a structure, such as an antenna, cupola, spire,
steeples, chimneys, or other similar attachments.
A series of operations, usually in a continuous and regular
action or succession of actions, taking place involving raw and mixed
asphalt materials.
Residences for the elderly or physically challenged individuals
that provide rooms, meals, personal care, and supervision of self-administered
medication.
A primary business where automobiles are stored, readied
and displayed for wholesale sales. Such uses generally only conduct
actual sales on one or several designated days of the week.
A public sale in which retail or household goods or property
are sold to the highest bidder.
A private sale in which wholesale goods or property are sold
to the highest bidder.
An establishment: 1) that sells or offers for sale alcoholic
beverages for onsite consumption as the primary use pursuant to a
license from the Liquor Control Board; 2) that limits entry to persons
of a certain age during some or all operating hours; and 3) where
food service, if any, is less than 50% of gross receipts and is subordinate
to the sale of alcoholic beverages. This does not include a bar area
that is an integrated part of a restaurant.
Any area of the building having its floor below ground level
on all sides.
An owner-occupied, single-family detached dwelling, where
between one and five rooms are rented to overnight guests on a daily
basis for periods not exceeding two weeks. Meals may be offered only
to registered overnight guests.
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building and is smaller in size than the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
BUILDING, PRINCIPALA building that is enclosed within exterior walls or firewalls, and is built, erected and framed of component structural parts. The principal building is also designed for housing, shelter, enclosure and support of individuals, animals or property of any kind, and is a main structure on a given lot.
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 and stoops, awnings, terraces, and
steps.
For a single-family detached dwelling, the vertical distance
from the average finished grade measured six feet out from the foundation
to the median between the top of the eave and the peak of the roof
for both a hipped or gable roof. For all other buildings, the vertical
distance from the average finished grade measured six feet out from
the foundation to the highest point of the roof.
[Amended 3-15-2023 by Ord. No. 2023-02]
A property on which two or more campsites, cabins, cottages
or other rustic lodging, dining facilities, and small and large group
meeting areas or buildings are located, established, or maintained
for temporary occupancy by the public, organizations and/or groups
where the primary attractions are special events, education, vacation,
and recreational features or activities and may include places for
food and beverage sales and recreational and public infrastructure
facilities. The campground may be an organized camp which includes
a combination of programs and facilities established for the primary
purpose of providing an outdoor group living experience for children,
youth, and adults with social, recreational, and educational objectives
and operated and used for five or more consecutive days during one
or more seasons per year.
Public and/or private grounds and buildings including such
uses as colleges, universities, schools, religious institutions, municipal
buildings, medical buildings, research campuses, and retirement communities.
A commercial business providing services to wash and/or clean
the exterior and interior of motor vehicles, boats, utility trailers,
and automotive accessories. Such facilities may include, but are not
limited to, do-it-yourself coin-operated facilities and fee-based
full-service operations. This definition does not include operations
or facilities that wash or clean large, commercial trucks, tractor
trailers.
[Added 5-1-2019 by Ord.
No. 2019-07]
Land used or intended to be used for the burial of the deceased,
including columbariums, mausoleums, and mortuaries when operated in
conjunction with the cemetery and within the boundaries thereof. This
definition shall not include people, services and facilities related
to crematoria.
A development design technique that concentrates buildings
on a part of the site to allow the remaining land to be used for recreation,
common open space, and preservation of environmentally sensitive features.
A parcel or parcels of land (which can be used in combination
with an area of 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.[2]
A facility used for recreational, social, educational, and
cultural activities.
Group living quarters for persons who need specialized housing,
treatment and/or counseling for addictions and substance abuse including
but not limited to drugs and alcohol.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A series of operations, usually in a continuous and regular
action or succession of actions, taking place involving the processing
of raw and mixed concrete materials.
A use which may not be appropriate to a particular zone as
a whole, but which may be suitable in certain localities within the
zone only when specific and general conditions and criteria prescribed
for such uses have been complied with.
A lot or portion of a lot or parcel used to maintain a construction
and/or equipment business that may or may not include the storage
of construction equipment and other materials and facilities customarily
required in the building trade by a construction contractor. Included
with this definition shall be a motor vehicle fueling station as an
incidental and accessory use to the contractor's business for the
fueling of contractor vehicles.
A retail sales business with primary emphasis placed on providing
the public a convenient location to quickly purchase a wide array
of consumable products such as food and/or motor vehicle fuel and
services, which could include drive-through, dine-in or sit-down restaurant
area and car wash as accessory uses, and where the building area is
less than 10,000 square feet and business hours of operation may be
24 hours, seven days a week and product mix could include but not
limited to: grocery-type items, beverages, snacks (including confectionery),
tobacco, prepared and prepackaged food, and lottery ticket sales.
[Amended 5-1-2019 by Ord.
No. 2019-07]
Group living quarters for persons who need specialized housing,
treatment and/or counseling that provides supervised housing as an
alternative to imprisonment, including but not limited to community
confinement centers, pre-release, work-release, probationary programs,
criminal rehabilitation, and facilities for persons who need specialized
treatment.
Land and a building used for cremation services, which is
the process of reducing dead human or animal bodies to basic chemical
compounds in the form of gases and bone fragments, which is typically
accomplished through high temperatures and vaporization. The term
"crematorium" may also apply to "cremation."
[Added 2-2-2022 by Ord.
No. 2022-02]
The offering of care or supervision over minors or special
needs adults in lieu of care or supervision by family members. Care
provided for individuals, either children or adults, by an unrelated
individual. Care is provided for part of a twenty-four-hour day.
A day-care facility that is operated as an accessory use
to a dwelling unit, in which the care and supervision is offered to
between four and six nonresidents of the site during any calendar
day.
The total acreage of a lot or lots as defined by metes and
bounds (bearings and distances).
The number of dwelling units per acre, derived by dividing
the total number of dwelling units by the gross deed acreage of a
residential tract.
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 type of use that allows customers to purchase products
or services from within their vehicle while parked on the subject
lot.
A type of use or service provided by a business that allows
customers to purchase products or services via a service window without
leaving their vehicle.
An improved cartway designed and constructed to provide vehicular
movement between a public street and a tract of land serving one single-family
dwelling unit or a farm.
Any building that contains one or more dwelling units used,
intended, or designed to be built, used, rented, leased, let or hired
out to be occupied, or that are occupied for living purposes.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation as listed below:
ACCESSORY DWELLINGA dwelling unit that is secondary to and located on the same lot as a principal single-family detached dwelling unit or a principal single-family semidetached dwelling unit; either attached to the principal building or as an accessory building; and is designed, built, and maintained as a separate and independent dwelling unit for immediate family of the principal building occupants, including parents, grandparents, children, and grandchildren.
[Amended 3-18-2015 by Ord. No. 2015-03; 2-2-2022 by Ord. No. 2022-02]
APARTMENTSee "multifamily."
BOARDING HOMEA dwelling or rooming house operated by any person, firm or corporation engaged in the business of operating a home for the purpose of letting rooms for rent, but not nursing care, for persons not related to the landowner.
[Amended 3-18-2015 by Ord. No. 2015-03]
DORMITORYA building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery, or similar institutional use.
GROUP HOMEA dwelling unit licensed to provide a supportive living arrangement for unrelated individuals where special care is needed by the individual(s) served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons. Group homes shall be subject to the same limitations and regulation by the Township as single-family dwellings.
[Amended 2-2-2022 by Ord. No. 2022-02]
(Reserved)[3]
MOBILE HOMEFor purposes of this Zoning Ordinance, "mobile home" shall be synonymous with "manufactured home." A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. These dwellings are regulated by Pennsylvania Code Chapter 149.[4] The term includes park trailers, travel trailers, recreational
and other similar vehicles which are placed on a site for more than
180 consecutive days.
[Amended 3-18-2015 by Ord. No. 2015-03]
MODULAR/INDUSTRIALIZED HOUSINGA structure designed primarily for residential occupancy or classified within Residential Group R in accordance with the standards adopted under Pennsylvania Code Chapter 145[5] and which is wholly or in substantial part made, constructed,
fabricated, formed or assembled in manufacturing facilities for installation
or assembly and installation on the building site. For purposes of
this Zoning Ordinance, modular/industrialized housing shall be considered
the same as any other similar residential structure which would be
constructed on site and shall not be considered a mobile home.
[Added 3-18-2015 by Ord.
No. 2015-03]
MULTIFAMILY DWELLINGExcept for townhouses and single-family semidetached dwellings, a building containing three or more dwelling units which may be separated horizontally and/or vertically. The individual dwelling units may or may not be in separate ownership.
PERSONAL CARE HOME/SHELTER CARE HOMEPersonal care homes provide safe, humane, comfortable and supportive residential settings for adults who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision with activities of daily living or instrumental activities of daily living, or both. Residents who live in personal care homes receive the encouragement and assistance they need to develop and maintain maximum independence and self-determination.
SINGLE-FAMILY DETACHED DWELLINGA freestanding residential building containing one dwelling unit for one family.
SINGLE-FAMILY SEMIDETACHED DWELLING (DUPLEX)A one-family dwelling unit attached to one other one-family dwelling unit by a common vertical wall, with each dwelling located on a separate lot, or two dwelling units accommodating two families which are attached by a ceiling party wall and are located one over the other.
TOWNHOUSEA single-family dwelling unit constructed in a group of three or more attached dwelling units, but not more than nine, in which each dwelling unit extends from foundation to roof and with a yard or public way on at least two sides.
TWO-FAMILY CONVERSIONThe creation of an additional dwelling unit by converting an existing single-family detached dwelling without altering the exterior of the building, except as required for safety. Two-family conversions shall have no more than two separate dwelling units.
[Amended 2-2-2022 by Ord. No. 2022-02]
A right-of-way granted for limited use of private land for
a public or quasi-public or private purpose, and within which the
landowner shall not have the right to make use of the land in a manner
that violates the right of the grantee.
A professional engineer registered in the Commonwealth of
Pennsylvania.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
An individual or individuals related by blood, marriage,
or adoption that maintain one common household and live within one
dwelling unit. Additionally, up to three unrelated individuals who
maintain a common household and live within one dwelling unit may
be considered a family.
Any parcel of land with 10 or more acres, which primary use
is for an agricultural operation, as defined herein, including necessary
farm structures and the storage of equipment customarily incidental
to the primary use.
Business activities and/or services that are located on a
farm and are accessory to the principal farm use.
A structure built to display and sell farm-related, grown
or agriculturally produced products and accessories to those products.
This is an accessory use to a farm and is seasonal in nature.
A structure designed as a barrier to restrict the movement
of persons, animals and/or vehicles. This definition shall not include
ornamental fence treatments that are located in the front yard and
extend less than 1/2 the width and/or depth of the front yard.
Establishments primarily engaged in transactions involving
the creation, liquidation, or change in ownership of financial assets
and/or in facilitating financial transactions. Three principal types
of activities are: banks, borrowers and lenders; underwriting insurance
and annuities, collecting fees, insurance premiums, or annuity considerations;
and providing specialized financial intermediation, insurance, and
employee benefit programs.
A temporary inundation of normally dry land areas.
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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The sum of the area of each floor of a building measured
to the outer surface of the outer walls. "Floor area" shall be synonomous
with "gross floor area" unless specifically noted otherwise.
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.
A building used for the preparation of the deceased for burial,
cremation, and the display of the deceased, and rituals connected
therewith. Funeral homes shall not include cemeteries, columbariums,
mausoleums or entombments, but do include mortuaries and crematoriums
as accessory uses.
[Amended 2-2-2022 by Ord. No. 2022-02]
A structure or any portion thereof accessory to a dwelling
used for the housing of private motor vehicles. This does not include
a garage offering commercial automotive services to the public or
a garage where any provision is made for repairing or servicing of
vehicles for a profit.
A tract of land laid out for at least nine holes for playing
the game of golf that may include a clubhouse, dining area and snack
bar, pro shop, and practice facilities.
A plaza, square, courtyard, pocket park, tot lot, playground,
walkway, promenade, lawn area, or other outdoor space designed to
be utilized as civic or outdoor activity space in which features such
as pavers, benches, gazebos, pergolas, trellises, planters, plantings,
lighting, sculpture, or the like are installed and maintained, and
in which public seating, outdoor dining, or the like takes place.
ACCESS POINTSDesignated areas and passageways that allow the public to reach a trail from adjacent streets or community facilities.
GREENWAYA linear open space established along a natural corridor, such as a river, stream, ridgeline, rail-trail, canal, or other route for conservation, recreation, or alternative transportation purposes. Greenways can connect parks, nature preserves, cultural facilities, and historic sites with business and residential areas.
INVASIVENonnative plant or animal species that invades an area and alters the natural mix of species.
RIPARIANThe land and vegetation immediately adjacent to a body of water, such as a river, lake, or other natural perpetual watercourse.
A store that primarily retails food. Grocery stores may also
retail other products, mostly household goods, including small kitchen
appliances, cookware, pet products, personal grooming products and
home maintenance items. Accessory uses may include services such as
banking, medical services, post offices, in-store restaurants, or
other personal services.
A place that supports a plant or animal population because
it supplies that organism's basic requirements of food, water, shelter,
living space, and security.
Selling, leasing, and repairing vehicles and/or machinery
that are larger than that which is typically stored upon one residential
lot. Examples include but are not limited to commercial trucks, farm
equipment, excavation equipment, mobile cranes, yachts, busses, etc.
A historic structure constructed with brick and/or stone
exterior walls and timber load-bearing interior floor framing.
A private accessory use in which a pad is designed or intended
for the landing, taking off or storage of one or more helicopters.
The adaptation of a historic structure into a new appropriate
use.
Any district, site, or object that meets one or more of the
following criteria:
Is listed or may be determined to be eligible to be listed on
the National Register of Historic Places either individually or as
a contributing resource.
Is listed on the Lancaster County Historic Sites Survey or on
any officially adopted Municipal inventory of historic resources and
is determined by a qualified historic preservation professional to
retain the historic characteristics that qualified it for said list.
Is determined by a qualified historic preservation professional
to be historically or architecturally significant.
Any structure that is:
Listed on the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register National.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs, which have been approved
by the Secretary of the Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A home- based business or occupation administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling that involves 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
a residential use.
[Amended 9-7-2022 by Ord. No. 2022-12]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client, or patient traffic,
whether vehicular or pedestrian; and pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
An agricultural operation limited to the cultivation and
harvest of flowers, fruits, vegetables, or ornamental plants.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Unless otherwise specified, "industrial" shall include manufacturing,
warehousing, processing, and wholesale operations.
LIGHTIndustrial uses that shall have minimal external impacts as they relate to operations and performance standards, design standards and other controls/requirements contained in this chapter.
GENERALIndustrial uses that have some external impacts as they relate to operations and performance standards, design standards and other controls/requirements contained in this chapter.
HEAVYIndustrial uses involved in manufacturing products, processing of materials, or transportation of materials that are considered to have regional impacts and may exceed normal conditions because the use emits a higher level of noise, dust, odor, or other pollutants, and which also require large amounts of impervious surfaces; results in increased truck and employee traffic, and requires separation from residential or other more sensitive areas.
Off-street parking that two or more landowners or tenants
share.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, machinery, vehicles, or parts thereof,
with or without the dismantling, processing, salvage, sale, or other
use or disposition of the same. The deposit or storage on a lot of
unlicensed, wrecked, or disabled vehicles, or the major part thereof,
shall be deemed to constitute a "junkyard." (A disabled vehicle is
a vehicle intended to be self-propelled that shall not be operable
under its own power for any reason, or a vehicle that does not have
a valid current registration plate or that has a certificate of inspection
which is more than 60 days beyond the expiration date.)
[Added 2-2-2022 by Ord.
No. 2022-02]
Any lot on which more than three animals that are older than
six months (except relating to a farm) that are kept, boarded, raised,
bred, treated, or trained for a fee, including, but not limited to,
dog or cat kennels.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features; or
A subdivision of land; or
Development in accordance with Section 503(1.1) of the MPC.
Land development shall not include:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
dwelling units, unless such dwelling units are intended to be a condominium;
or
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park unil initial plans for the expanded area
have been approved by proper authorities.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee, if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A professional landscape architect registered by the Commonwealth
of Pennsylvania.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers and shade trees.
Any premises wherein or whereon legal/license gaming is conducted
and where such establishment has a legal license for dealing, operating,
carrying on, conducting, or maintaining for pay of any game.
A highway to which owners or occupants of abutting lands
and other persons have no legal right of access except at points and
in the manner determined by the Pennsylvania Department of Transportation.
[Added 4-20-2022 by Ord. No. 2022-07]
A creature kept for the production of food, wool, skins,
or fur or for the purpose of its use in the farming of land or carrying
on any agricultural activity and could be kept for pleasure and enjoyment.
This term includes but is not limited to bovine (relating to cattle).
caprine (relating to goats), equine (relating to horses, mules, donkeys),
ovine (relating to sheep), porcine (relating to swine), poultry, fowl,
alpacas, llamas. This term shall not include the term "pet."
[Added 10-2-2019 by Ord.
No. 2019-11]
Industries providing lodging or short-term accommodations
for travelers, vacationers and others. Some provide meals, laundry
services, and recreational facilities as well as lodging. There are
three industry groups: traveler accommodation, recreational accommodation,
and rooming and boarding houses.
A nursing home, convalescent home, skilled nursing unit (SNU),
care home or rest home that provides a type of care of residents:
it is a place of residence for people who require constant nursing
care and have significant deficiencies with activities of daily living.
Residents include the elderly and younger adults with physical or
mental disabilities. Residents in a skilled nursing facility may also
receive physical, occupational, and other rehabilitative therapies
following an accident or illness.
LOTA designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A "lot" for zoning purposes may include one or more lots of record, or a portion of one lot of record. Lot types include:
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT, DOUBLE FRONTAGEAn interior lot with front and rear street frontage, where vehicular access occurs on either street.
LOT, FLAGA lot or parcel of land created by a subdivision or partition which includes a narrow projection or "flagpole" to the public right-of-way.
LOT, INTERIORA lot whose side lot lines do not abut upon any street.
LOT, REVERSE FRONTAGEAn interior lot with front and rear street frontage, where vehicular access occurs on only one street.
 |
LOT AREAThe area contained within the lot lines of an individual lot, excluding any area within a street right-of-way, but including the area of any easement.
LOT COVERAGEA percentage of the lot area which may be covered with buildings, driveways, permanent parking area, sidewalks and any other structures. This is used to measure the intensity of use of the land.
LOT FRONTAGEThat portion of a lot abutting on the street right-of-way of the street of address and regarded as the front of the lot.
LOT LINEA property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed the street or alley line.
LOT OF RECORDA lot which is a part of a subdivision, the plan of which was recorded, or a parcel of land, the deed of which was recorded in the office of the Lancaster County Recorder of Deeds prior to the adoption of this chapter.
LOT WIDTHThe horizontal distance measured between side lot lines measured at the required front setback line. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite lot line.
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this chapter.[6]
The area or footprint of a building measured at the foundation
of a building. This definition does not include the area of multiple
stories.
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. Included in this definition
are therapeutic massage facilities when all practitioners are licensed
by the Commonwealth of Pennsylvania State Board of Massage Therapy
and do not otherwise fall within the category of "adult entertainment."
[Amended 3-18-2015 by Ord. No. 2015-03]
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity, and other abnormal physical or
mental conditions and including as an integral part of the institution
related facilities, such as laboratories, outpatient facilities, training
facilities, research facilities, morgue, laundry facilities, medical
offices and clinics, medical staff residences, patient care facilities,
and staff and visitor parking areas/garages.
The extraction of minerals, including solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural
gases. Excavating and removing of rock, stone, ore, soil, gravel,
sand, minerals, and similar materials from the surface and/or subsurface.
Such extraction processes may include and require mineral storage
and processing activities.
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 exit way requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting the public health or general safety.
A building with the principal use being commercial that includes
both residential and commercial uses, where the uses are typically
located one over the other.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the location thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.[7]
Any building, land area, or other premises, or portion thereof,
used for sales, leasing, and/or rental of vehicles that may include:
servicing and repair of vehicles and including as an accessory use
the sale and installation of lubricants, tires, batteries, and similar
vehicle accessories.
The keeping, in a unenclosed area, of motor vehicles including
but not limited to cars, trucks, motor homes, recreational vehicles,
motorcycles, golf carts, busses, etc., in the same place for more
than 24 hours.
A structure containing a combination of different uses.
Refers to East Hempfield Township and any authority created
by the East Hempfield Township Board of Supervisors.
Equipment, facilities, buildings and/or structures that supply
municipal services for a community or specified group of residents,
businesses or properties that exist on one or more than one contiguous
lots and are owned and operated by East Hempfield Township and/or
any authority created by the East Hempfield Township Board of Supervisors.
Structures for which the start of construction commenced
on or after the effective date of this chapter, and includes any subsequent
improvement thereto.
An establishment that provides live entertainment (music
and/or dancing, comedy, etc.) in conjunction with alcoholic beverage
sales. This is meant to include an "under 21" club which features
entertainment.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zone in which it is located by
reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
Zoning Ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of this chapter
or amendment or prior to the application of this chapter or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in 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 place where the primary use is conducting the affairs of
a business, profession, service, or government, which includes administration,
recordkeeping, 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.
An off-street space suitable for the loading or unloading
of goods and having direct usable access to a street or alley.
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year). Also knows as the "flood
of record."
A system of piping, tanks or other facilities serving a single
lot and collecting and disposing of sewage in whole or in part into
the soil or into waters of this commonwealth or by means of conveyance
to another site for final disposal.
Parking that is adjoining the curb line of a street and that
is either parallel to or at an angle from the curb line.
An outdoor court with a hard surface located at a personal
residence designed specifically for tennis, basketball, or other ball
sports. The use of a driveway or other surface not designed specifically
for the use shall not fall under this definition.
A recreation facility operated by a private organization
or commercial establishment and open only to bona fide members, permitted
guests, and permitted organizations.
Facilities designed and used for recreation purposes by the
general public that are: (1) owned and operated by a governmental
agency/authority; or (2) are operated by a not-for-profit entity.
This definition is meant to include the widest range of public recreational
activities, excluding amusement and entertainment businesses, shooting
ranges, and golfing and hunting clubs. Also an area of land set aside
for public use, as:
Establishment that provides services to meet varied cultural
interests of their patrons, including producing, promoting or participating
in live performances, events or exhibits intended for public viewing;
featuring actors and actresses, singers, dancers, musical groups and
artists, athletes, and other entertainers including independent (i.e.,
freelance) entertainers, but excluding adult businesses as defined
herein.
Establishments primarily engaged in providing services involving
the care of a person, such as beauty shops, barbershops, nail salons,
tattoo shops, and tanning. This definition includes incidental uses
and additional related cosmetic and/or beauty services, such as facials,
waxing and the retail sale of cosmetic products.
[Added 3-18-2015 by Ord.
No. 2015-03]
A domesticated animal kept for companionship or pleasure
rather than utility and is not livestock. This term shall include
the residential accessory use regarding the noncommercial keeping
of no more than four adult animals.
[Amended 3-18-2015 by Ord. No. 2015-03; 10-2-2019 by Ord. No. 2019-11]
A building or structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition includes rectories, convents, church-related educational
and/or day-care facilities, and church-related cemeteries, and must
meet the standards for the use as provided herein. East Hempfield
Township recognizes two types of "place of worship" facilities, including:
The Planning Commission of East Hempfield Township.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture (USDA) natural resource and conservation services county
soil survey.
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. 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-related facilities or businesses as defined herein.
A function involved in the manufacture of materials, goods
or products in which they are not physically changed, except for cleaning,
packaging or sizing.
Establishment that provides services to clients in a variety
of industries and, in some cases, to households, including: legal
advice and representation; accounting, bookkeeping, and payroll services;
architectural, engineering, and specialized design services; computer
services; consulting services; research services; advertising services;
photographic services; translation and interpretation services; medical
and dental offices; and other professional, scientific, and technical
services.
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, excluding the Board
of Education). Such facilities, buildings, structures, and/or land
are not owned by East Hempfield Township or its created authorities.
A formal meeting held pursuant to public notice by the Township
Board of Supervisors or Planning Commission, intended to inform and
obtain public comment, prior to taking action in accordance with this
chapter and/or the Pennsylvania Municipalities Planning Code.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the Sunshine Act,[8] and subsequent amendments.
A 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.
A common sewer directly controlled by a public authority,
private company and/or municipal entity, or a comparable common or
package sanitary facility approved and permitted by the Pennsylvania
Department of Environmental Protection. Such systems are capable of
serving multiple users.
Includes public and semipublic uses of a health, safety,
and welfare nature, such as parks, fire stations, municipal buildings
and garages.
A use which is operated, owned or maintained by a public
utility corporation and regulated by the Pennsylvania Public Utility
Commission in accordance with the requirements of the Pennsylvania
Public Utility Code, 66 Pa.C.S.A. § 101 et seq.; or which
is operated, owned or maintained by a municipality or a municipal
authority organized under the laws of the Commonwealth of Pennsylvania
to provide public water service, public sewer service, or similar
services. A "public utility" shall not include cellular telephone
transmission or receiving facilities, and similar facilities of entities
which are not governmentally owned and operated or are not regulated
by the Pennsylvania Public Utility Commission.
A municipal water supply system or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection (DEP). Such systems are capable of serving
multiple users.
A vehicle of any size, which may be designed as temporary
living quarters or living unit for travel, recreation, and vacation
uses. In addition to the above, recreational vehicles may also include
motorized vehicles designed to be self-propelled or nonmotorized vehicles
designed to be towed or carried by another vehicle including campers,
pickup coaches, travel trailers, all-terrain vehicles, motorcycles,
dirt bikes, snowmobiles, boats, and similar vehicles.
[Amended 9-7-2022 by Ord. No. 2022-12]
A lot with or without buildings, upon which used materials
are separated and processed for shipment to eventual reuse in new
products.
A commercial sports and active/passive recreation facility
that is operated for profit but open to the public. This shall include,
but not be limited to, bowling alleys; pools; skating rinks; courts
for sports such as volleyball, basketball, tennis, etc.; fields for
sports such as football, baseball, soccer, field hockey, lacrosse,
etc.; health and fitness equipment; and other indoor and outdoor passive
and active recreation and sports facilities, and uses accessory to
or subordinate to the primary use as a regional commercial sports
facility.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
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 average, equals or exceeds 25%
of the market value of the structure before the damages occurred.
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.
A designated area of a retail establishment used for the
display and sale of products and services within a building or structure
or outside the primary businesses (i.e., garden supplies, vehicles,
boats, plant materials, farm equipment, burial monuments and lumberyards).
Areas associated with a retail store that are open for public
display, including but not limited to shelves, racks, bins, stalls,
tables, and booths, plus any adjoining aisles or walkways from which
consumers can inspect items for sale. The retail sales area shall
include both interior and exterior areas.
Point-of-sale locations (including retail auctions) which
sell, service, and/or repair merchandise, and/or offer services for
personal, household goods, home improvement, business and institutional
consumption.
A commercial enterprise which provides horses for rent and
equestrian instruction.
A principal use in which supervised education or instruction
is offered according to the following:
SCHOOL, K-9A school containing any combination of grades up to and including K through 9.
SCHOOL, 9-12A school containing any combination of grades up to and including 9 through 12.
POST-SECONDARY SCHOOLA school that may, or may not, be operated as a gainful business that offers college- or university-level education or training in vocational, mechanical and other skill-based trades for people of all ages.
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.
[Added 5-18-2022 by Ord. No. 2022-09]
A structural element designed to resist lateral pressure
that secures or contains a mass of earth, loose rock, water, etc.
from moving or eroding.
[Added 6-17-2020 by Ord.
No. 2020-02]
A building or group of buildings containing separate, individual,
and private storage spaces of varying sizes available for lease or
rent for varying periods of time.
The required horizontal distance between a setback line and
a lot line or street right-of-way line.
SETBACK, FRONTThe minimum required distance between the street line and the front setback line projected the full width of the lot.
SETBACK, REARThe minimum required distance between the rear lot line and the rear setback line projected the full width of the lot.
SETBACK, SIDEThe minimum required distance between the side lot line and the side setback line projected from the front yard to the rear yard.
A line within a lot and parallel to a lot or street line
which delineates the required minimum distance between some particular
use of property and that lot or street line.
Includes those facilities used by either a business, neighborhood
development or a community including parking, stormwater facilities,
access drives, loading zones, parking meters, parks and recreation
facilities.
A small building designed primarily for the storage of yard
and garden equipment, bicycles, and miscellaneous household items
incidental to a dwelling.
A firing range with targets for rifle, shotgun, archery,
handgun, or other legal weapons practice.
One or more buildings forming a complex of shops representing
merchandisers, with interconnecting walkways enabling visitors to
walk from shop to shop, along with a parking area. Types of shopping
facilities include: malls (indoor version of the traditional marketplace),
big box stores, main streets, markets, outlet malls, plazas, strip
malls and town squares.
The length of street visible to the driver of a vehicle at
any given point in the street when viewing is unobstructed by traffic.
SIGNAny structure or part thereof, or any device (including but not limited to letters, words, emblems, numerals, pictures, sculptures, figures, or any combination thereof) used for visual communication for the purpose of bringing the subject thereof to the attention of the public. A variety of signs shall be defined as follows:
ADVERTISEMENT SIGNA sign that advertises products or services that are not specific to the site location of the sign. Example: A wall sign on a building inviting the reader to visit the Amish Farm and Home. See also "off-premises sign."
ARCHITECTURAL SIGNA sign that is a permanent architectural feature of a building or structure.
BILLBOARDAn off-premises, permanent sign that directs attention to a product, service, business, or cause. See "off-premises sign" and "digital billboard."
[Amended 4-20-2022 by Ord. No. 2022-07]
BUILDING SIGNA sign attached to or painted on a building that has a use in addition to supporting the sign; this includes wall signs and roof signs.
BUSINESS AND IDENTIFICATION SIGNA sign that directs attention to any business, professional, commercial, industrial activity, or house of worship, occurring on the premises on which the sign is located, but not including a home occupation sign. Also a sign used to identify the name and display information about the individual, organization, agency, institution, facility, or development located on the premises on which the sign is located. Business and identification signs may include the following sign types: freestanding, overhead/projecting, digital, wall, three-dimensional, roof, and window display signs.
CENTER SIGNA business sign that provides identification at the entrance to a center such as a shopping center, office complex, or industrial park.
(Reserved)[9]
DEVELOPMENT SIGN, RESIDENTIALAn identification sign at the entrance to a residential development.
[Amended 6-7-2017 by Ord.
No. 2017-04]
DEVELOPMENT SIGN, NONRESIDENTIALAn identification sign at the entrance to a nonresidential or mixed-use development.
[Added 6-7-2017 by Ord.
No. 2017-04]
DIGITAL SIGN(aka Federal Highway Administration name: "changeable electronic variable message sign" or CEVMS). A sign (excluding a billboard and/or a digital billboard) that can electronically display and/or change its message through lighting, light-emitting diodes (LED) or other electronic display format.
[Amended 4-20-2022 by Ord. No. 2022-07]
DIGITAL BILLBOARDA type of off-premises sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure. Each static message shall not include flashing, scintillating lighting or the varying of light intensity.
ELECTRONIC VARIABLE MESSAGE SIGN (EVMS)A sign or portion thereof where the message copy includes characters, letters or illustrations that can be changed rearranged electronically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location. See "digital sign."
[Amended 4-20-2022 by Ord. No. 2022-07]
FARM-BASED BUSINESS SIGNA sign providing information about a farm-based business on the premises on which the sign is located.
FREESTANDING SIGNA sign not attached to or painted on a building, or a sign attached to or painted on a building that has no use in addition to supporting the sign.
(Reserved)[10]
GOVERNMENT SIGNAny sign placed by federal, state, local government and/or its created authorities.
HOME-BASED BUSINESS SIGNA sign providing information about a home-based business, impact activity conducted within a dwelling unit on the premises on which the sign is located.[11]
INFLATABLE SIGNAny item that can be inflated with air or gas that is used to advertise or identify a use or product/service on a site.
INTERNAL DEVELOPMENT SIGNA sign located on a lot in the development intended to direct travelers throughout the development and to any use or tenant located in the development. Such sign shall include a banner attached to a light pole.
[Added 6-7-2017 by Ord.
No. 2017-04]
LIMITED DURATION SIGNNonpermanent sign that typically requires display times longer than 30 days, but less than 90 days. Signs to be displayed longer than 90 days are to be considered permanent signs.
[Amended 4-20-2022 by Ord. No. 2022-07]
MIXED-USE DEVELOPMENT CENTER SIGNA business sign that provides identification at the entrance to a development containing a mix of all of the following uses: commercial, office and industrial, complying with the eligibility criteria of § 270-7.4D(1).
[Added 6-7-2017 by Ord.
No. 2017-04]
MOBILE MESSAGE BOARDSA sign that has changeable lettering and is mounted on wheels or a trailer.
NONPROFIT ORGANIZATION SIGNAn off-premises sign displaying information about a church, service club, or other organization that does not operate for the purpose of making a profit.
OFF-PREMISES SIGNA sign that does not apply to the property on which it is displayed.
ON-PREMISES SIGNA sign that applies to the property on which it is displayed.
(Reserved)[12]
OVERHEAD/PROJECTING SIGNA sign located such that pedestrian or vehicular traffic might pass beneath any part of it.
PERMANENT SIGNA sign intended to be displayed for an unlimited period of time.
PORTABLE SIGNA temporary sign without a foundation that can be easily moved from one location to another.
PUBLIC USE SIGNAn identification sign used to identify the name and display information about a public use such as a government building, school, park or firehouse.
PUBLIC UTILITY SIGNA sign with a message relating to a business organization performing a public service and subject to special governmental regulations (e.g., an electric company, sewer authority, or telephone company).
(Reserved)[13]
ROOF SIGNA sign attached to or painted on a roof.
SIDEWALK SIGNA temporary sign placed on the sidewalk adjacent to the commercial activity it advertises, but not including a contractor sign, a garage/yard sale sign, a home occupation sign, an open house sign, a real estate sign, or a special event sign.
TEMPORARY SIGNA sign that is displayed for no more than 30 days in any year, unless stated otherwise in this chapter. A temporary sign can carry information about a special event such as an auction, sports activities, flea markets, festivals, fundraising events, or sales. A temporary sign does not count against the total square footage of signage allowed in other sections of this chapter. Temporary signs typically include signs for celebrating holidays, birthdays, childbirth, retirement, sports teams, school achievement, and other similar types of personal expression.
THREE-DIMENSIONAL OBJECTA sign that uses a three-dimensional object to identify or advertise the property or tenant space use. Example: a shoe store using a three-dimensional shoe as part of its signage.
WALL SIGNA sign attached to or painted on the wall of a building.
WINDOW DISPLAYAn exhibit behind a window or a sign inside a window that is intended to draw attention to a product, service, business, or cause. Window displays are permitted as part of business and identification signs.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
Ownership shall be considered separate and distinct where lots have
been separately described as such, by metes and bounds, in a recorded
deed or conveyance prior to the enactment of this chapter, or an amendment
thereto, and have continued since that date to be so separately described
in all subsequent recorded deeds of conveyance.
Garbage, refuse and other discarded materials including,
but not limited to, solid and liquid waste materials resulting from
municipal, industrial, commercial, agricultural and residential activities.
Such wastes shall not include biological excrement nor hazardous waste
materials as defined in the Code of Federal Regulations, 40 CFR 261,
dated July 1, 1984, or as amended.
A use generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with Article 9 of this chapter and the Pennsylvania Municipalities Planning Code.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of a floodplain.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
Streets shall conform to one of the following categories:
ALLEYA thoroughfare which normally affords only a secondary means of access to abutting lots.
ARTERIALA street which accommodates trips of moderate length at a somewhat lower level of travel mobility than limited access arterials do and includes all arterials not classified as limited access.
COLLECTORA street that provides land access and traffic circulation service within residential, commercial, and industrial areas. The collector street distributes traffic between the arterial and the local streets.
LIMITED ACCESS ARTERIALA street which serves the major centers of activity of urbanized areas and carries the highest traffic volume corridors, where access is provided only from another street and not from abutting lots.
LOCALA street which provides direct access to abutting lands and connections to the higher order systems.
The center of the surveyed street right-of-way, or, where
not surveyed, the center of the traveled cartway.
The officially established grade of the street upon which
a lot fronts; or in its absence, the established grade of other streets
upon which the lot abuts, at the midpoint of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
A street light, lamppost, street lamp, light standard, or
lamp standard is a raised source of light on the edge of a street,
which is illuminated at a certain time every night.
The limit of a street right-of-way.
The space formed by buildings located close to the street,
which is embellished with sidewalks, street trees, street lights,
street furniture, curbs, on-street parking, and cartways. The streetscape
is framed by buildings which create the "outdoor room" character of
a traditional neighborhood.
The installation of a tree of a certain size or other similar
agreed upon tree species at a specified separation distance along
the length of a street frontage.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including,
but not limited to, buildings, sheds, cabins, mobile homes and trailers,
dams, culverts, streets, railroads, bridges, storage tanks, and signs.
"Structures" shall not include such things as fences, sandboxes, decorative
fountains, swing sets, birdhouses, birdfeeders, mailboxes, and any
other similar nonpermanent improvements.
STRUCTURE, ACCESSORYA structure that forms all or part of an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
STRUCTURE, PRINCIPALA structure that forms all or part of a principal use.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Damage from any cause sustained by a structure 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.
This 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.
Where, in the judgment of the municipal engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for final approval have been completed in accordance with the approved
plan, so that the project will be able to be used, occupied or operated
for its intended use.
An individual registered with the Commonwealth of Pennsylvania
as authorized to measure the boundaries of tracts of land, establish
locations, and perform the requirements of a survey.
A use that is nonpermanent and lasting for a specified time
only.
An analysis and assessment, conducted by a qualified professional,
that assesses the effects that traffic related to a proposed land
development will have on the transportation network in a community
or portion thereof.
The relief features or surface configurations of an area
of land.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township.
The licensed attorney designated by the Board of Supervisors
to furnish legal assistance for the administration of this chapter.
Synonymous with "lot."
A retail business that:
[Added 5-1-2019 by Ord.
No. 2019-07]
Is equipped with diesel fuel islands used for fueling commercial
motor vehicles; and
Has parking spaces dedicated for commercial motor vehicles;
and
Has a convenience store; and
Is situated on a parcel of land of not less than three acres
owned or leased by the truck stop parent company.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable within the commonwealth for floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
USE, PRINCIPALThe main or primary use of property or structures.
Natural plant materials including trees, shrubs, groundcovers,
vines, grasses (both lawn and ornamental types), herbaceous perennials,
biennials, annuals, bulbs, ferns, mosses and lichens.
A facility for the washing/cleaning of vehicles as per the
specific provision of Article 4.
A building used by a licensed veterinarian for the treatment
of small domestic animals, such as dogs, cats, rabbits and birds or
fowl. No outdoor boarding of animals is permitted.
An establishment offering veterinary services for the medical
treatment of all types of animals and can include outdoor and overnight
boarding of animals.
Any structure, wall, or natural planting that limits/obstructs
visibility.
ACTION or TO ACTThe Township's grant of an application or issuance of a written decision denying a siting application.
ANTENNAA wireless facility apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any comingled information services. For the purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under Part 15 of the FCC ruling.
APPLICATIONA written submission to the Township requesting authorization for the deployment of a wireless facility at a specified location.
AUTHORIZATIONAny approval the Township must issue under applicable law prior to the deployment of wireless facilities, including, but not limited to, building permit, zoning approval, and highway occupancy permit.
ANTENNA EQUIPMENTWireless facility equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.
BASE STATIONA structure or equipment at a specified, fixed location that enables licensed or authorized wireless communication between user equipment and a communications network, generally consisting of radio transceivers, antennas, cables, power supplies and other associated equipment. The term does not encompass a telecommunication tower as defined in this chapter or any equipment associated with a telecommunication tower.
COLLOCATIONConsistent with the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, means:
Mounting or installing of new wireless facility on a pre-existing
and/or previously approved and constructed wireless support structure
or any other structure not classified as a wireless support structure
that can support the mounting or installing of a wireless facility
if previously approved by the Township; and/or
Modifying a pre-existing and/or previously approved and constructed
wireless support structure or any other structure not classified as
a wireless support structure that can support the mounting or installing
of a wireless facility if approved by the Township for the purpose
of mounting or installing a new wireless facility on that structure.
This term includes attaching, installing, replacing, or modifying
wireless accessory equipment within a previously approved equipment
compound.
DECORATIVE POLEA municipal pole that is specifically designed and placed for aesthetic purposes.
DEPLOYMENTAttachment, placement, construction, installation, or modification of a wireless facility.
DISTRIBUTED ANTENNA SYSTEM (DAS)Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure and consists of:
Remote communications or antenna nodes deployed throughout a
desired coverage area, including at least one antenna for transmission
and receptions;
A high capacity signal transport medium that is connected to
a central communications hub site; and
Radio transceivers located at the hub site to process and control
the communications signals transmitted and received through the antennas
to provide wireless or mobile service within a geographic area or
structure.
ELIGIBLE SUPPORT STRUCTUREAny wireless support structure that the Zoning Hearing Board has previously approved and/or has previously received a zoning and building permit to support one or more wireless facilities at the time an application for a collocated wireless facility or modification is submitted to the Township.
FCCFederal Communications Commission.
HEIGHT OF A WIRELESS SUPPORT STRUCTUREThe vertical distance from the average finished grade at ground level, as measured from the average finished grade, measured six feet away from the foundation or base to the highest point on the structure vertically, which shall include antennas and subsequent alterations and collocations, and any other appurtenances.
MACROCELL WIRELESS FACILITY (MACROCELL WF)Any wireless support structure that is used for the primary purpose of supporting one or more wireless facilities, including, but not limited to, freestanding pole, tower, self-supporting lattice tower, guy tower, base station, building, water tank, or any other structure not classified as a wireless support structure that could support the placement or installation of a wireless facility if approved by the Township and meets the following criteria:
Is greater than 50 feet in height; or
Is more than 10% taller than other adjacent structures; or
Extends existing structures on which they are located to a to
a height of more than 50 feet or by more than 10%, whichever is greater;
and
The facility requires antenna structure registration with the
Federal Communications Commission;
Is not a small cell wireless facility.
MODIFICATION or MODIFYThe improvement, upgrade or expansion of existing wireless facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.
MONOPOLEA wireless support structure or site which consists of a single, freestanding pole, designed and erected on the ground or on top of a structure, to support wireless facilities and connecting appurtenances.
MUNICIPAL POLEA pole owned by the Township in the public right-of-way. The term does not include a utility pole owned by a PUC-regulated public utility, a utility pole used to support a PUC-regulated public utility service, or a utility pole located along a private road or street.
MUNICIPAL PROPERTYAny real property owned and maintained by the Township or a Township authority. This term does not include real property owned and maintained by Lancaster County, the Lancaster City Water Authority, or any real property owned and maintained by a fire department or any real property owned and maintained by the Hempfield School District.
PERSONIndividuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township, or to any department or agency of the Township.
The following are the presumptively reasonable periods of time
for action on applications seeking authorization for deployments in
the categories set forth below:
Review of an application to collocate a small cell wireless
facility using an existing structure and issuance of required approvals:
60 days.
Review of an application to collocate a facility other than
a small cell wireless facility using an existing structure: 90 days.
Review of an application to deploy a small cell wireless facility
using a new structure and issuance of required approvals: 90 days.
Review of an application to deploy a facility other than a small
cell wireless facility using a new structure: 150 days.
RIGHT-OF-WAY (ROW)A public right-of-way, public utility easement, highway, street, bridge, tunnel, alley, or road, regardless of which governmental entity has jurisdiction and control over such, and includes the surface, the air space over the surface and the area below the surface. This term shall not include private property, any real or personal municipal property except as defined in this chapter, or any Township buildings, fixtures, poles, conduits, facilities, or other structures or improvements, regardless of whether they are situated in the public right-of-way.
REPLACEMENTThe Replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.
SHOT CLOCK DATEThe shot clock date for a siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to the shot clock period and including any pre-application period asserted by the Township; provided that if the date calculated in this manner is a holiday as established by the Board of Supervisors, the shot clock date is the next business day after such date.
SHOT CLOCK PERIODThe shot clock period for a siting application is the sum of:
SMALL CELL WIRELESS FACILITY (SMALL CELL WF)A singular or standalone wireless facility that meets each of the following criteria:
The wireless facility:
Is mounted on structures 50 feet or less in height including
their antennas; or
Is mounted on structures no more than 10% taller than other
adjacent structures within a two-hundred-fifty-foot radius; or
Does not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater;
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is cumulatively
no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration
with the Federal Communications Commission; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified by
the Federal Communications Commission.
SPECTRUM ACTThe federal Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. § 1455) requires a state or local government to approve any eligible facilities request for a modification of an existing wireless support structure or base station that does not substantially change the physical dimensions of such wireless support structure or base station.
STEALTH DESIGNA method of camouflaging applied to any antenna, tower, wireless facilities, wireless support structures, and wireless accessory equipment that enhances compatibility with adjacent land uses and which is visually and aurally unobtrusive. "Stealth design" may include a repurposed structure. Stealth designs could include, but are not limited to the following: church steeple, windmill, bell tower, cupola, Township-approved light standard, flagpole with or without a flag, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, trees, shrubs, bushes, etc.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGEA modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
For wireless support structures other than wireless support
structures in the public rights-of-way, it increases the height of
the existing wireless support structure by more than 10% or by the
height of one additional antenna array with separation from the nearest
existing antenna not to exceed 20 feet, whichever is greater, for
other eligible support structures, it increases the height of the
structure by more than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.
For wireless support structures other than wireless support
structure in the public rights-of-way, it involves adding an appurtenance
to the body of the existing wireless support structure that would
protrude from the edge of the wireless support structure more than
20 feet, or more than the width of the wireless support structure
at the level of the appurtenance, whichever is greater; for other
eligible support structures, it involves adding an appurtenance to
the body of the structure that would protrude from the edge of the
structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for wireless
support structures in the public rights-of-way and base stations,
it involves installation of any new equipment cabinets on the ground
if there are no preexisting ground cabinets associated with the support
structure, or else involves installation of ground cabinets that are
more than 10% larger in height or overall volume than any other ground
cabinets associated with the support structure;
It entails any excavation or deployment outside the current
site;
It would defeat the stealth design elements of the eligible
support structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible wireless
support structure or base station equipment; provided however that
this limitation does not apply to any modification that is non-compliant
only in a manner that would not exceed the thresholds identified in
§ 1.40001(b)(7)(i) through (iv).
TECHNICALLY FEASIBLEBy virtue of engineering or spectrum usage, the proposed placement for a wireless facility or its design or site location can be implemented without a reduction in the functionality of the wireless facility.
TOLLING PERIODUnless a written agreement between the applicant and the siting authority provides otherwise, the tolling period for an application (if any) is as set forth below:
For an initial application to deploy small cell wireless facilities,
if the Township notifies the applicant on or before the 10th day after
submission that the application is materially incomplete, and clearly
and specifically identifies the missing documents or information and
the specific rule or regulation creating the obligation to submit
such documents or information, the shot clock date calculation shall
restart at zero on the date on which the applicant submits all the
documents and information identified by the siting authority to render
the application complete.
For all other initial applications, the tolling period shall
be the number of days from:
The business day after the date when the Township notifies the
applicant in writing that the application is materially incomplete
and clearly and specifically identifies the missing documents or information
that the applicant must submit to render the application complete
and the specific rule or regulation creating this obligation; until
The date when the applicant submits all the documents and information
identified by the Township to render the application complete; but
Only if the notice pursuant to Subsection EE(2)(a) is effectuated on or before the 30th day after the date when the application was submitted; or
For resubmitted applications following a notice of deficiency,
the tolling period shall be the number of days from:
The business day after the date when the Township notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the Township's original request under Subsection EE(1) or (2), until:
The date when the applicant submits all the documents and information
identified by the siting authority to render the application complete;
but
WBCAPennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).
WIRELESSTransmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS ACCESSORY EQUIPMENTAny equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term "wireless accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.
WIRELESS EQUIPMENTEquipment that facilitates transmission for any licensed or authorized wireless service, including, but not limited to, radio transceivers, antennas, cables, and regular and backup power supply.
WIRELESS EQUIPMENT COMPOUNDAn area surrounding or adjacent to a wireless support structure within which base stations, power supplies, wireless equipment, or wireless accessory equipment are located.
WIRELESS FACILITY (WF)All equipment and network components, including but not limited to antenna facilities, antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment, or any structure used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless services, whether such service is provided on a stand-alone basis or commingled with other wireless services. Wireless facilities shall include Distributed Antenna Systems.
WIRELESS FACILITY APPLICANT (WF APPLICANT)Any person that applies for a wireless facility building permit, zoning approval highway occupancy permit, and/or permission to use the public right-of-way (ROW) or other municipal property.
WIRELESS INFRASTRUCTURE PROVIDERA person authorized to provide telecommunication service in the commonwealth that builds or installs wireless communication transmission equipment, wireless facilities, or wireless support structures but is not a wireless service provider.
WIRELESS SERVICESServices, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICES PROVIDERA person who provides wireless services.
WIRELESS SUPPORT STRUCTUREA freestanding pole, tower, base station, building, water tank, whether or not it has an existing antenna facility, or any other structure not classified as a wireless support structure that could support the placement or installation of a wireless facility if approved by the Township and is used or to be used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless services.
WIRELESS SUPPORT STRUCTURE SITEFor wireless support structures other than wireless support structures in the public rights-of-way, the current boundaries of the leased or owned property surrounding the wireless support structure and any access or utility easements currently related to the site, and, for the other eligible support structures, further restricted to that area in proximity to the support structure and to other wireless equipment already deployed on the ground.
UTILITY POLEA pole or similar structure that is or may be used in whole or in part to provide communications services or for electrical distribution, lighting traffic control, signage, or a similar function, or for collocation. The term includes the vertical support structure for traffic lights but does not include wireless support structures or horizontal structures to which signal lights or other traffic control devices are attached and does not include a pole or similar structure 15 feet in height or less, unless an authorization was granted for such pole.
An open space, other than a court, unobstructed from the
ground to the sky, on the lot on which a building is situated. Any
lot may include the following yards:
YARD, FRONTThe area contained between the street right-of-way(s) and the principal building. Corner lots shall have two front yards, one side, and one rear yard.
YARD, REARA yard extending across the full width of a lot between the principal building and the rear lot line, and measured perpendicular to the building at the closest point to the rear lot line.
YARD, SIDEA yard extending from the front yard to the rear lot line between the principal building and the side lot line, and measured perpendicular to the building at the closest point to the side lot line; or a yard which is not a front or rear yard. On corner lots, the side yard shall be considered the area between the principal building and the lot lines directly opposite the nonaddress street.
 |
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material.
[Added 9-7-2022 by Ord. No. 2022-12]
A DEP permitted facility that is used to compost leaf waste,
or leaf waste and grass clippings, garden residue, tree trimmings,
chipped shrubbery, and other vegetative material. The term includes
land affected during the lifetime of the operation, including, but
not limited to, areas where composting actually occurs, support facilities,
borrow areas, offices, equipment sheds, air, and water pollution control
and treatment systems, access roads, associated on-site or contiguous
collection and transportation activities, and other activities in
which the natural surface has been disturbed as a result of or incidental
to operation of the facility. All waste streams accepted for composting
shall be nonliquid waste.
[Added 9-7-2022 by Ord. No. 2022-12]
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: The definitions formerly grouped under the
heading "Communication antenna and towers terms," which immediately
followed this definition, were repealed 7-15-2020 by Ord. No. 2020-03.
See now the definitions grouped under the heading "Wireless facilities
definiitons and phrases."
[3]
Editor's Note: The former definition of "manufactured home"
was repealed 3-18-2015 by Ord. No. 2015-03.
[4]
Editor's Note: See 12 Pa. Code Ch. 149.
[5]
Editor's Note: See 12 Pa. Code Ch. 145.
[6]
Editor's Note: The former definition of "manufactured home
park," which immediately followed this definition, was repealed 3-18-2015
by Ord. No. 2015-03.
[7]
Editor’s Note: The former definition of “motor
vehicle fueling station,” which immediately followed this definition,
was repealed 5-1-2019 by Ord. No. 2019-07.
[8]
Editor's Note: See 65 P.S. § 271 et seq.
[9]
Editor's Note: The former definition of "contractor sign"
was repealed 4-20-2022 by Ord. No. 2022-07.
[10]
Editor's Note: The former definition of "garage/yard sale
sign" was repealed 4-20-2022 by Ord. No. 2022-07.
[11]
Editor's Note: The former definition of “incidental
sign,” which immediately followed this definition, was repealed
6-7-2017 by Ord. No. 2017-04.
[12]
Editor's Note: The former definition of "open house sign"
was repealed 4-20-2022 by Ord. No. 2022-07.
[13]
Editor's Note: The former definition of "real estate sign,"
as amended 3-18-2015 by Ord. No.
2015-03, was repealed 4-20-2022 by Ord. No. 2022-07.
