Township of Manchester, PA SHORT TITLE, PURPOSE, INTERPRETATIONS AND DEFINITIONS

[Ord. 1996-1, 1/23/1996, § 104; as amended by Ord. 2003-10, 5/13/2003, § 1; by Ord. 2005-12, 12/13/2005, § 1, Parts 1 — 4; by Ord. 2008-05, 7/8/2008, § 1; by Ord. 2009-01, 7/14/2009, §§ 1, 2; and by Ord. 2010-11, 10/12/2010, § 1]

General Definitions. In this chapter, when not inconsistent with the context:

Words in the present tense imply also the future tense.

The singular includes the plural.

The male gender includes the female gender.

The word "person" includes a partnership or corporation as well as an individual.

The term "shall" or "must" is always mandatory.

The word "lot" includes the word "plot" or "parcel."

The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

The word "erected" shall be construed to include the words "constructed, altered or moved."

The word "building" shall include any structure or part thereof.

Specific Words and Phrases. The following words are defined in order to facilitate the interpretation of the chapter for administrative purposes and in the carrying out of duties by appropriate offices and by the Zoning Hearing Board.

ACCESS DRIVE

A paved surface or other surface, other than a street, which provides vehicular and/or pedestrian access from a street or a private road to a lot.

ACCESSORY COMMERCIAL CENTER

A commercial use designed specifically to provide services to employees of industrial areas and to the residents of the area.

ACCESSORY DAY CARE

A subordinate building or a portion of the main building on a lot which serves primarily as a day care facility and is accessory to a house of worship or a nonpublic school. A state licensed and/or registered facility in which care is provided or is intended to be provided for seven or more children of any age at any time.

ACCESSORY STRUCTURE

A structure subordinate to and detached from the main building on the same lot, the use of which is customarily incidental to that of the principal structure on the lot, but not including a utility shed.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of the main building and located on the same lot with such principal use or main building.

ADVERTISING SIGN

See "sign."

ADULT REGULATED FACILITY

An establishment open to the general public of the age of 18 years or older, where more than 20% of the occupied area of the facility is used for one or more of the following purposes:

ADULT BOOK STOREAn establishment which offers for sale, for rent, for lease, for view on the premises or for loan, pictures, photographs, drawings, sculptures, motion picture film or similar visual representation of sexual conduct, or sexual excitement, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts of sexual conduct or sexual excitement; or offers for sale devices, equipment, stimulants or other materials for use in sexual conduct or sexual excitement.

ADULT MASSAGE PARLOR OR ADULT MASSAGE STUDIOA commercial establishment whose business emphasis is the administration of sexually oriented massage to patrons by employees.

ADULT THEATERAn establishment in which there is offered for view motion picture film, video tape or similar visual representation of sexual conduct or excitement, commonly referred to as "X-Rated" movies, peep shows or the equivalent thereof.

CABARETAn establishment, club restaurant, theater or hall which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or specified sexual activities for observation by patrons therein.

AGE RESTRICTED HOUSING

A development of allowed dwellings in which every dwelling unit is permanently limited by deed and by any lease to occupancy by a minimum of one person age 55 or older, with no person under 18 years of age residing within the dwelling for more than 30 days in any calendar year. To meet this definition, there shall be an appropriate Township-approved legal mechanism for private enforcement of the age restrictions, such as through a property-owners association. The Township shall also have authority to enforce the age restrictions as a violation of this chapter.

AGRIBUSINESS

Activities, including agriculture, distribution of farm equipment and supplies and the processing, storage and distribution of farm commodities.

AGRICULTURE

The tilling of the soil, the raising of crops and raising of livestock, horticulture and gardening.

AGRICULTURAL SECURITY DISTRICTS

An area established by a resolution of the Board of Supervisors in accordance with the Agricultural Area Security Law (3 P.S. §§ 901-915).

AIRPORT

The Lazy B Ranch airport located in Conewago Township at Latitude = 40° 01'21. 346", Longitude = -76° 48' 59.890".

AIRPORT CONICAL OVERLAY ZONE

An area, 4,000 feet from the horizontal overlay zone (between 5,000 feet to 9,000 feet from the airport's runway) beginning 150 feet above the elevation of the airport runway and extending upward from the horizontal zone at a ratio of one-foot vertical for each 20 feet of horizontal distance.

AIRPORT HAZARD AREA

Any area of land or water upon which an airport hazard might be established if not prevented.

AIRPORT HORIZONTAL OVERLAY ZONE

An area extending 5,000 feet from an airport's runway at an elevation 150 feet above the airport's runway elevation.

AIRPORT RUNWAY ELEVATION

The established elevation above sea level of the airport's runway. For the purpose of this chapter the established elevation of the runway of the Lazy B Ranch airport is 450 feet above sea level.

ALLEY

A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATIONS

As applied to a building or structure, any change or rearrangement in the total floor area, in the structural parts, or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height or by moving from one location or position to another.

AMENDMENT

Change in use in a district which includes revisions to the zoning text and/or the official zoning map; and the authority for any amendment lies solely with the Township Board of Supervisors.

ANIMAL HOSPITAL

A building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits and birds or fowl by a veterinarian. Boarding of such animals shall be for medical or surgical treatment only.

ANIMAL HUSBANDRY

The care, raising, and keeping of livestock (animals such as cattle, sheep and swine) and poultry.

APARTMENT, CONVERSION

A multifamily dwelling constructed by converting an existing single family dwelling into apartments for more than one family without substantially altering the exterior of the building.

APARTMENT HOUSE

A building occupied by three or more dwelling units.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his or hers, personal representatives, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plot or plan, or for the approval of a development plan filed under the provisions of this chapter.

AREA, BUILDING

The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

AREA, LOT

The total area within the property lines, excluding any portion which may be used or dedicated as a public or private street or alley.

AUTOMOBILE

A self-propelled motor vehicle designed for the conveyance of persons or property requiring a registration plate by the Commonwealth of Pennsylvania for operation upon public highways; including a truck, motor home, motorcycle.

AUTOMOBILE BODY SHOP

A building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles for conveyance.

AUTOMOBILE, GARAGE, MINOR

An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one automobile is leased to a non-occupant of the premises.

AUTOMOBILE GARAGE, MAJOR

A building on a lot designed and/or used primarily for mechanical repairs, storage, rental or servicing of automobiles, trucks and similar motor vehicles.

AUTOMOBILE AND/OR TRAILER SALES GARAGE

A building on a lot designed and used for the display, sale or rental of new and used cars, trucks, campers, tractors, trailers and snowmobiles where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.

AUTOMOBILE OR GASOLINE SERVICE STATION

A building on a lot or part thereof, that is used primarily for the retail sale of gasoline, oil or other fuel and which may include facilities used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing automobiles and other vehicles. This term shall not include a fuel sales use that primarily serves tractor-trailer trucks.

AUTOMOBILE AND/OR TRAILER SALES LOT

An open lot, used for the outdoor display or sales or new or used automobiles and trailers and where minor and incidental repair work (other than body and fender) may be done.

AUTOMOBILE WASHING (CAR WASH)

A building on a lot, designed and used primarily for the washing and polishing of automobiles and which may provide accessory services as set forth herein for automobile service stations.

AUTOMOBILE WRECKING

The dismantling or wrecking of used automobiles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

BASEMENT

A story partly underground but having 1/2 or more of its height above the average level of the adjoining ground.

BED AND BREAKFAST INNS

Single-family residences, or portions thereof, containing not more than five guest rooms which are used by not more than 15 guests where rent is paid in money, goods, labor or otherwise.

BOA

The Pennsylvania Department of Transportation's Bureau of Aviation.

BOARDING HOUSE

Any dwelling in which at least three, but not more than 15 persons, either individually or as families, as housed or lodged for compensation with or without meals. A rooming house or a furnished room house shall be deemed a boarding house.

BUILDING

Any structure on a lot, having a roof supported by columns or walls and designed and/or intended for the shelter, housing or enclosure of persons, animals or chattels and including covered porches or bay windows and chimneys.

BUILDING, DETACHED

A building surrounded by open space on the same lot.

BUILDING, HEIGHT OF

The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections.

BUILDING, LINE

The required setback (front, side or rear) of a building from a property or street line.

BUS AND TRUCK TERMINAL

A freight trucking or passenger station that is central to an area and serves as a junction at any point with other lines. While a bus terminal would be a central point for passengers, and a truck terminal would be a central point for freight, they can also include dispatch of vehicles or maintenance services.

BUSINESS AND OFFICE EQUIPMENT SALES AND SERVICE

Any retail establishment that is engaged in the sale and/or service of business and office equipment (i.e., desks, typewriters, filing cabinets, etc.).

BUSINESS SERVICES

Business services shall include and be limited to banks, credit unions, loan companies, real estate and insurance agencies, utility offices, governmental offices, business offices and printing services.

CAMP

Any one or more of the following, other than a hospital, place of detention, school offering general instructions or a mobile home park:

TYPE 1Any area of land or water of a design or character used for seasonal, recreational or similar temporary living purposes which may include any building or group of buildings or a movable, temporary or seasonal nature, such as cabins, tents, or shelters.

TYPE 2Any land and buildings thereon, used for any assembly of persons for which is commonly known as "day camp" purposes, whether or not conducted for profit or whether occupied by adults or children, either as individuals, families, or groups.

CAMPGROUND

A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary or seasonal nature, such as cabins, tents, recreational vehicles or shelters, but not including a mobile home camp, court or park.

CARPORT

An accessory building or part of the main structure not totally enclosed and primarily designed or used for parking automobiles.

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the required number of stories.

CEMETERY

A parcel of land used as a burial ground for human or animal remains.

CERTIFICATE OF USE AND OCCUPANCY

The certificate issued by the Zoning Officer which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.

CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS (CEVMS)

A special type of sign, permitted only by special exception, whereby the message on the sign is electronically changed for a designated period of time.

CHILD CARE CENTER

A state licensed and/or registered facility in which care is provided or is intended to be provided for seven or more children of any age at any time.

CHILD CARE HOME

A state licensed and/or registered single family dwelling in which child care is provided at any time for not more than six children under the age of 12, including any children under the age of 12 who are residents of the dwelling.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections. It is defined by lines of sight between points at a given distance from the intersection of the center lines of both streets.

COLLEGES OR UNIVERSITIES

An institution of higher learning providing facilities for teaching and research and authorized to grant academic degrees.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, within a development plan, designed and intended for the use or enjoyment of residents of the development plan and, where designed, the community at large. Common open space does not include rights-of-way, off-street parking areas, and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as approved in the development plan that are appropriate to recreational and other open-space uses of the land, and shall not include playground, athletic field or other open space areas of any schools or churches to be included within the proposed development. (Lands dedicated to the Township count as open space. See § 27-309, Subsection 3D.

COMMUNICATIONS TRANSMITTING AND RECEIVING FACILITY

A tower or other facility which transmits or receives a radio, television or other communication signal, but not including amateur radio facilities or those located on the lot of the user.

COMMUNITY COMMERCIAL SPORTS FACILITIES

A community-based 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; rock climbing walls; courts for sports such as volleyball, basketball, tennis, etc.; fields for sports such as football, baseball, soccer, field hockey, lacrosse, etc.; area for community-related events; 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 community commercial sports facility.

[Added by Ord. 2016-04, 11/8/2016]

COMPREHENSIVE PLAN

The official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act 170 of 1988, as amended, consisting of maps, charts and textual material that constitutes a policy guide to decisions about the physical and social development of Manchester Township, as amended from time to time.

COMPOSTING

The mixing of decomposing refuse matter for the purpose of creating fertilizer material.

CONDITIONAL USE

A use which the Board of Supervisors is permitted to authorize in specific instances listed in this ordinance, under the terms, procedures and conditions prescribed herein.

CONDOMINIUM

A type of multifamily dwelling which has individual ownership of the single dwelling units and an undivided (common) interest or ownership of the common areas and facilities serving the building, such as halls, elevators, lobbies, driveways, parking lots, stormwater facilities, recreation areas and utilities.

CONTRACTOR'S OFFICE OR SHOP

Offices and shops for tradesmen, such as building, cement, electrical, masonry, painting and roofing contractors.

CONVENIENCE STORE WITH GAS DISPENSING

A retail store which primarily offers food and related items but which may also dispense fuel.

CONVENIENCE STORE WITHOUT GAS DISPENSING

A retail store which offers food and related items, but does not dispense fuel.

COURT

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such buildings.

COURT, INNER

A court which does not extend to a street, alley, yard or outer court.

COURT, OUTER

A court which extends to a street, alley, yard or other outer court.

CURB LEVEL

The officially established grade of the curb in front of the mid-point of the lot.

DAIRY

An establishment for the processing of dairy products not produced on site.

DENSITY

The total number of dwelling units per gross area of the proposed development.

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or land development or submits a development plan under the terms of this chapter.

DEVELOPMENT PLAN

The provisions for development of a planned residential development under the provisions of this chapter, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean both the written and graphic materials referred to in this definition.

DOMICILIARY CARE UNIT

An existing building or structure designed for a dwelling unit for one family which provides twenty-four-hour supervised living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and above who are disabled physically, mentally, emotionally or who are aged persons.

DRIVE-IN ESTABLISHMENT

Any commercial business, including an eating establishment, offering refreshments, entertainment or services to patrons, who purchase and/or consume such refreshments, entertainment or services on the premises and/or outside of the building, including patrons who may be served in their automobiles.

DRIVE-IN FACILITIES FOR PERMITTED USES

Accessory to the permitted use to provide additional services for public use.

DRIVEWAY

A paved or unpaved surface other than a street which provides vehicular access from a street or a private road to a lot, to a single or two family dwelling.

DRUG STORE

A retail store where medicines, prescriptions and miscellaneous articles such as food, cosmetics and film are sold.

DUMP

A lot, or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part or parts thereof, or waste material of any kind.

DWELLING

A building or structure designed for living quarters for one or more families, including trailers (mobile homes) which are supported either by a foundation or by blocks or jacks covered by skirts or are otherwise permanently attached to the land and anchored against wind and water movement but not including, rooming houses, convalescent homes, motels, hotels, tourist homes or other accommodations used for transient occupancy.

DWELLING, SINGLE FAMILY DETACHED

A building arranged or designed to provide living facilities for one family entirely separated by any other building or structure by space on all sides.

DWELLING, SINGLE FAMILY SEMIDETACHED

One building arranged or designed for dwelling purposes where two dwelling units exist, separate from each other by a party wall and having two side yards.

DWELLING, SINGLE FAMILY ATTACHED (ROW)

A dwelling designed, occupied or used by one family, having two party walls in common with other buildings and no side yards, commonly called row houses or townhouses.

DWELLING, TWO FAMILY DETACHED

A building used by not more than two families, arranged one above the other and having two side yards.

DWELLING, TWO FAMILY, SEMIDETACHED

A building used by four families, with one dwelling unit arranged over the other, having one side yard, and one party wall in common with another building.

DWELLING, MULTIFAMILY

A building designed, occupied or used by three or more families living independently of each other, wherein each dwelling unit or apartment shall contain private bath and kitchen facilities; including apartment houses.

DWELLING UNIT

One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities and toilet and bathroom facilities and arranged for occupancy by not more than one family.

EMERGENCY MEDICAL TREATMENT FACILITY

Any building or group of buildings occupied by medical practitioners and related services for the purpose of providing emergency health service to people on an out-patient basis.

EXOTIC WILDLIFE

Includes, but is not limited to, reptiles and all bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. The definition is applicable whether or not the birds, animals, or reptiles were bred or reared in captivity or imported from another state or nation.

FAMILY

Any one or more of the following:

A single individual occupying a dwelling unit.

Two or more persons related by blood, marriage or adoption, occupying a dwelling unit.

Not more than three unrelated persons occupying a dwelling unit.

Not more than eight related or unrelated persons who are the functional equivalent of a family in that they live together, participate in such activities as meal planning, shopping; meal preparing and the cleaning of their dwelling unit together and who are part of a community based residential home which qualifies as a community living arrangement licensed by the Pennsylvania Department of Public Welfare or other appropriate federal or state agency having jurisdiction, where the persons occupying the home are handicapped persons under the terms of the Fair Housing Amendments Act of 1988 and where the operator of the home provides room and board, personal care, rehabilitative services and supervision in a family environment. The presence of staff persons in a home meeting this definition shall not disqualify the group of persons occupying the dwelling unit as a "family."

FARM

Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, or dairy products, including necessary farm structures within the prescribed limits and the storage of equipment customarily incidental to the primary use. For the purposes of this chapter, a farm shall not include the raising of fur-bearing animals, riding academy, livery or boarding stables or dog kennels.

FLOODPLAIN DISTRICT

The area noted on the FEMA Flood Insurance Rate Map and noted as special flood hazard areas (SFHAs) subject to inundation by the 1% annual chance flood. The 1% annual chance of flood (one-hundred-year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. The special flood hazard area is the area subject to flooding by the 1% annual chance flood. Areas of the special flood hazard include Zones A and AE.

FLOODPLAIN ORDINANCE

Chapter 8 of the Manchester Township Code of Ordinances.

FLOOR AREA OF A BUILDING

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, HABITABLE

The sum of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen and bedroom, but not including hallways, stairways, cellars, attics, service or utility rooms, bathrooms, closets, nor unheated areas such as enclosed porches nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the flood area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area. The minimum total window area, measured between stops, shall be 10% of the habitable floor area of such room.

FLOOR AREA RATIO

The ratio of floor area of a building to its lot area. When a floor area ratio of 0.4 is specified, the floor area of a building constructed on a lot of 10,000 square feet is limited to a maximum of 4,000 square feet. When number of stories are optional, the building area may be 4,000 square feet for one story; 2,000 square feet for two stories, and so forth.

FLORIST

One who sells or grows for sale flowers and ornamental plants.

GARAGE

See "automobile garage."

GARDENING

The cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock.

GRADE: FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designed relating thereto.

GROSS RESIDENTIAL DENSITY

The number of dwelling units divided by the land area proposed to be used for residential purposes, excluding interior or exterior rights-of-way and lands intended for commercial or other nonresidential uses, but including interior parking areas, sidewalks, parks, playgrounds and common open space.

GROUP HOME

The use of any lawful dwelling unit which meets all of the following criteria:

Involves the care of the maximum number of persons permitted by the "group home" standards of § 27-1119 and meets all other standards of such section.

Involves persons functioning as a common household unit.

Involves providing non-routine support services and oversight to persons who need such assistance to avoid being placed within an institution, because of physical disability, old age, or mental retardation/developmental disability, or that the applicant proves to the satisfaction of the Zoning Officer and meets the definition of "handicap" as defined by applicable federal law.

Does not meet the definition of a "group quarters."

Does not involve the housing or treatment or persons who:

(1)

Could reasonably be considered a threat to the physical safety of others.

(2)

Were previously convicted of a sexual felony committed against a minor.

(*Note: The Federal Fair Housing Act Amendments defined "handicap" as follows: (a) a physical or mental impairment which substantially limits one or more of such person's major life activities, (b) a record of having such an impairment, or (c) being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans With Disabilities Act to address certain situations related to substance abuse treatment.)

Note: For a use that would include more than the number of residents permitted under a "group home," see "group quarters" which is a district use.

GROUP QUARTERS

Any dwelling or portion thereof which is designed or used for four or more persons unrelated to each other or to any family occupying the dwelling unit and having common eating facilities. Group quarters include, but is not limited to, lodging or boarding houses, fraternity and sorority houses and dormitories and other quarters of an institutional nature. Group quarters must be associated with a parent religious, educational, charitable or philanthropic institution.

HOME OCCUPATION

An occupation or profession that:

Is customarily carried on entirely within a dwelling unit or building accessary to a dwelling unit.

Is carried on solely by a member of the family residing in the dwelling unit.

Is clearly incidental and secondary to the use of the dwelling purposes.

Does not alter the exterior appearance of the structure or premises from that of a dwelling unit.

Has no visible evidence, other than display or advertising signs as provided for herein, to indicate that the dwelling unit is being used for anything other than residential purposes.

HOSPITAL

A place for the diagnosis, treatment, or other care of humans and having facilities for in-patient care, including establishments as a sanatorium, sanitarium, or preventorium.

HOTEL

A building designed for occupancy primarily as the temporary abiding place of individuals who are lodged with or without meals, in which building:

There are more than 10 sleeping rooms.

Fifty percent or more of the gross floor area shall be devoted to residential use.

There may be club rooms, ball rooms, common dining facilities and swimming pools.

Such hotel services as maid, telephone and postal services are provided.

Business may be conducted when accessory and incidental.

HOUSE OF WORSHIP

A building for religious workshop.

IMPERVIOUS SURFACE

A surface that does not absorb rain, including all buildings and other structures, parking areas, driveways, roads, sidewalks, storage areas and areas of concrete and nonporous asphalt and other such area as shall be determined to be nonporous by the Township Engineer.

INDOOR RECREATION FACILITY, THEATER, POOL PARLOR

An establishment in which any recreational activities, be it ping-pong, billiards, or a play or movie is carried out for pure entertainment purposes for both the participants as well as the audience.

INDUSTRIAL PARK

A tract of land laid out in accordance with an overall plan for a group or community of industries, including the servicing of these industries, with separate building designed and arrange to insure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, architectural control, setbacks and use requirements.

INOPERABLE MOTOR VEHICLE

A vehicle intended to be self propelled that shall not be operable under its own power for any reason, or a vehicle that shall be without a valid current registration plate or valid current certificate of inspection.

JUNKED MOTOR VEHICLE

A motor vehicle from which parts or accessories have been removed or that shall be inoperable as a result of damage thereto.

JUNK YARD

Any lot, land or structure, or part thereof, used primarily for the collection, storage and/or sale of waste paper, rags, scrap metal or discarded material, or for the collection, dismantling, storage, abandonment, or salvaging of machinery or vehicles not in running condition and/or for the sale of part thereof.

KENNEL

A commercial establishment for the sheltering of nine or more animals that are more than six months old.

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LAUNDRY AND DRY CLEANING ESTABLISHMENTS

A business premise equipped with large scale clothes washing and dry cleaning equipment.

LAUNDRY AND DRY CLEANING ESTABLISHMENTS (PERSONAL)

A business premise equipped with individual clothes washing equipment for the use of retail customers or the drop-off and pick-up of clothing for dry cleaning by retail customers.

LIBRARY

A place in which literary, musical, artistic, or reference materials (such as books, manuscripts, recordings, or films) are kept for use but not for sale.

LIVESTOCK

Any wild or domestic animal of the bovine, swine or sheep family.

LOT

A designated parcel, tract or area of land established by a plan or otherwise as permitted by law to be used, developed or built upon as a unit.

LOT AREA

The area contained within the property lines of an individual parcel of land, excluding any area within a street right-of-way, but including the area of any easement.

LOT, CORNER

A lot with two adjacent sides abutting on streets which has an interior angle of less than 135° at the intersection of the two street lines. A lot abutting on 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 COVERAGE

The total of impervious areas including building area divided by lot area.

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The boundary lines of a lot as defined herein.

LOT WIDTH

The distance measured between the side lot lines at the required or proposed building setback line. When there is only one side lot line, as in the case of single family semi-detached or some single family attached dwellings, the lot width shall be measured between the side lot line and the center line of the party wall. For interior single family attached dwellings, lot width shall be measured between the center lines of party walls. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and directly opposite property line.

MAJOR ARTERIAL

Any thoroughfare so designated by the Township Comprehensive Plan.

MANUFACTURING USES

Manufacturing and storage uses that do not constitute an unusual fire or explosion hazard or create a nuisance by reason of smoke, odor, dust, noise or glare. Also, manufacturing uses that do not cause: dust, smoke, fumes, gas or offensive odors to be disseminated beyond the lot boundaries; vibration beyond lot boundaries; noise exceeding that of off-street traffic at the front lot line; or a glare observable from beyond the lot boundaries. These include, but are not limited to, food processing, manufacture of furniture, textiles, leather, rubber, paper, fabricated metals, machinery and glass; and stone and clay processing; printing, polishing, photography and related industries; instrument, tool and die and cabinet making; metal and wood fabrication; assembly of electronic apparatus; electroplating, molding and other related industries; warehousing and distribution.

MASSAGE PARLOR

An establishment whose business emphasis is the administration of non-sexually oriented massage to patrons by employees.

MEDICAL AND SIMILAR LABS AND CLINICS

Any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an out-patient basis.

MEMBERSHIP CLUB

An area of land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests, but not including members of the general public. These uses are restricted to those not conducted primarily for gain, although a restaurant may be operated primarily to serve members and their guests. This use shall not include a target range for outdoor shooting, boarding house, a tavern, restaurant open to the general public, or an auditorium unless that particular use is permitted in that district and the applicable requirements of that use are met.

MINI-STORAGE WAREHOUSES

A facility providing for the enclosed storage of household items or recreational equipment where said items are retained for direct use by their owner who shall have direct access thereto without intermediate handling by the proprietor of the facility. This term shall also include a facility for storage in which individual storage units are held in condominium ownership by various entities, with each entity having its own exterior access to its storage unit.

MOBILE HOME

A transportable, single family dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK

A parcel or contiguous parcels of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

MOBILE HOME SALES LOT

An open lot for the outdoor display of new or used mobile homes.

MOBILE HOME STAND

Part of an individual lot which has been reserved for placement of the mobile home, appurtenant structures or additions.

MORTUARY OR UNDERTAKING FACILITY

A place in which human remains are prepared and stored prior to burial.

MOTEL

A group of attached or detached buildings containing sleeping rooms or living units with accessory facilities designed for temporary use by automobile tourists or transients, including auto courts, motor lodges and similar establishments. A motel may also include a restaurant and meeting facilities on the lot, which may be within the same building as lodging units or a separate building.

MOTOR FREIGHT TERMINAL

A terminal that is primarily centered around the storage and distribution of motor freight.

NATURAL PRODUCTION USES

A lot of land or part thereof used for the purpose of extracting stone, sand, clay, gravel or top soil for sale, and excluding the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

NEWSPAPER AND PRINTING ESTABLISHMENTS

Any establishment that is engaged in the printing of newspaper or similar material on a regular basis.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment can be offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. "Nightclub" includes an "under 21" club which features entertainment.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

NONCONFORMING LOT

A lot of which the area or dimension was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure that does not comply with the applicable provisions in this chapter or amendment theretofore 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 or annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING SIGN

See definition of "nonconforming structure."

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.

NONCONFORMITY, DIMENSIONAL

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.

NURSERY, HORTICULTURE

Any lot or parcel of land used to cultivate, propagate, grow and/or sell trees, shrubs, vines and other plants including the buildings, structures and equipment customarily incidental and accessory to the primary use.

NURSING OR CONVALESCENT HOME

A building designed and use for the full-time care of human beings and which may include housing or lodging, meals and nursing.

OFFICE CENTER

A group of offices planned and designed to function as a unit for the lot(s) on which it is located with off-street parking provided as an integral part of the unit.

OFFICES, CORPORATE

Executive and administrative offices of business firms.

OFFICES, PROFESSIONAL

Includes accountants, actuaries, advertising agencies, medical and dental services, opticians, attorneys, bonding agents, photography and art studios and miscellaneous consulting services.

OFFICES, CONTRACTORS

An office or shop with an accessory storage yard, of a building, electrical or mechanical contractor.

OPEN SPACE DEVELOPMENT

An area of land to be developed as a residential community in which the dimensions of the individual lots may be reduced, but in which common areas are provided so that the overall density required in that zoning district is maintained and in which open space constitutes an outdoor playground area or sports field, open space or scenic vista.

OUTDOOR RECREATION AREAS, PRIVATE AND SEMIPUBLIC

The use of open land for leisure time activities, such as a beach, swimming pool, tennis courts, golf courses or similar establishments that are not publicly owned.

PARKING GARAGE

A building where passenger vehicles may be stored for short-term, daily, or overnight off-street parking.

PARKING LOT

An open lot where passenger vehicles may be stored for short-term, daily or overnight off-street parking.

PARKING SPACE

The space within a building, or on a lot or parking lot, for the parking of one automobile.

PEDESTRIAN WALKWAY

An improved thoroughfare designated exclusively for pedestrian traffic.

PERSONAL CARE HOME

A facility with four or more residents that is inspected and licensed by the Pennsylvania Department of Public Welfare. The facility provides shelter, meals, supervision, and assistance with personal care tasks, typically for older people or people with physical, behavioral health, or cognitive disabilities who are unable to care for themselves but do not need nursing home or medical care. While the individual services vary and are based on the individual needs of each resident, services provided at a typical personal care home may include assistance with: eating/drinking; walking/getting in and out of bed or chair; toilet/bowel and bladder management; bathing; personal hygiene; arranging for and managing health care; making and keeping appointments; assisting with or administering health care; positioning in bed or chair; doing laundry; arranging transportation; shopping/managing finances; using telephone/writing letters; caring for possessions; participating in social/recreational activities; using prosthetics; getting and caring for seasonal clothes.

PERSONAL SERVICES

Personal services shall include and be limited to barber shops, beauty salons, photographic studios and tailoring.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity under the provisions of previous Township Ord. 1981-4, PRD Ordinance, October 23, 1981, as amended and repealed by Ord. 1993-05, June 8, 1993.

PLAT

The map of plan of a subdivision or land development, whether preliminary or final.

PREMISES

Any lot, parcel or tracts of land and any building constructed thereon.

PRIVATE

Not publicly owned, operate or controlled.

PRIVATE STREET OR ROAD

A roadway that provides direct access to not more than two residential lots having a right-of-way of not less than 50 feet and that can be used only by traffic having a destination in that immediate area.

PUBLIC

Owned, operate or controlled by a governmental agency (federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions and the Department of Education).

PUBLIC NOTICE

Notice published once a week for two successive weeks in a newspaper of general circulation in the Township. Such notices 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 be not more than 30 days or less than 7 days from the date of the hearing.

PUBLIC PARKS AND RECREATION AREAS

Locations for leisure-time activities, including but not limited to, sports and entertainment, that are open to anyone without restriction, except for the rules and standards of conduct and use, (see "public").

PUBLIC SEWER

A municipal sanitary sewer system, or a comparable common or package sanitary facility approved by the State of Pennsylvania, Department of Environmental Protection.

PUBLIC UTILITY BUILDINGS AND STRUCTURES

Any structure which belongs to a public utility for uses such as electrical, telephone, gas, water, sewer and cable services which are regulated by the PUC or any other governmental agency.

PUBLIC WATER

A municipal water supply system, or a comparable common water facilities approved by the State of Pennsylvania, Department of Environmental Protection.

RECREATIONAL VEHICLES

Any non-self propelled vehicle that is intended for use solely for recreational purposes or a self-propelled vehicle that is unlicensed and used for recreational purposes.

RECYCLING COLLECTION CENTER

A use for collection and temporary storage of more than 500 pounds of common household materials or leaves and brush for recycling, but that does not involve mechanical processing of man-made materials other than routine sorting, baling and weighing of materials. This term shall not include a grass recycling facility.

RESTAURANT

A public eating place primarily offering sit-down counter or table service and custom-prepared foods for on premises consumption. If carry-out service is available, this shall constitute less than 10% of sales volume.

RETAIL BUSINESS

Retail business shall include variety stores, apparel stores, drug stores, grocery stores, eating and drinking establishments, liquor stores, antique shops, music shops, sporting goods stores, book, stationary, magazines, candy and tobacco shops, and other outlets that sell merchandise on a retail basis.

RETIREMENT VILLAGE

A planned community for senior citizens which will provide care, supervision, living accommodations, and recreation. The entire community shall be retained in single ownership. The community may include, for exclusive use of residents and their guests, related accessory facilities such as administrative offices, complete health care facilities, dining facilities, social rooms, craft and hobby shops, laundry facilities, gift shops and overnight guest rooms.

RIDING ACADEMY OR BOARDING STABLE

An establishment where horses are kept for riding or driving, or are stabled for compensation, or incidental to the operation of any club, association, ranch or similar establishment.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by a street crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or starlit sewer main, shade trees, or for another special use. If the right-of-way involves maintenance by a public agency, it shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

SCHOOL, COMMERCIAL

A school conducted for profit for such instruction as business, art, music, trades, handcraft, dancing or riding.

SCHOOL, NONPUBLIC

An educational facility not operated by a public agency.

SCHOOL, PUBLIC

A public place of instruction other than a commercial school.

SCREEN PLANTING

A vegetative material of sufficient height and density to conceal from the view of adjoining property owners the structures and uses on the premises on which the screen planting is located.

SHOPPING CENTER, MALL OR PLAZA

A group of stores planned and designed to function as a unit for the lot(s) on which it is located with off-street parking provided as an integral part of the unit.

SIGN

Any device, structure, surface or fabric, whether permanent or temporary, which uses symbolic representations for visual communication and used for the purpose of bringing a subject to the attention of the public. Additional sign definitions are as follows:

ADVERTISING SIGN (BILLBOARD)A sign which directs attention to a business, product, service, activity or entertainment sold or offered not upon the premises where such sign is located.

ATTACHED SIGNA sign that is attached to a building or other structure that is parallel to the building and does not extend more than 12 inches from a building.

BUSINESS IDENTIFICATION SIGNA sign which directs attention to a business, product, service, activity or entertainment sold or offered upon the premises where such sign is located.

FREE STANDING SIGNA sign supported by uprights or braces placed upon the ground and not attached to a building.

SKEET, RIFLE OR ARCHERY RANGE

Any area (usually in a sportsmen's or outdoor club) in which skeet shooting, rifle shooting, or archery is practiced.

SOLID WASTE

Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities.

SOLID WASTE LANDFILL

A lot, parcel or tract of land including but not limited to a sanitary landfill where garbage, trash or junk is disposed. Meets all requirements of the Pennsylvania Department of Environmental Protection and possesses a permit from PADEP to operate such facility.

SOLID WASTE PROCESSING FACILITY

A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy.

SPECIAL EXCEPTION

A use permitted or a modification of the regulations of the chapter which the Zoning Hearing Board is permitted to authorize in specific instances listed in this Ordinance under the terms, procedures and conditions described in Part 12.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic regions; buttocks; and female breasts below a point immediately above the top of the areola.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Human genitals in a state of sexual stimulation or arousal.

Acts of human masturbation, sexual intercourse or sodomy.

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

STABLE, PRIVATE

An accessory building in which horses are kept for private use of the land owner and not for hire, remuneration, exhibition or sale.

STORY

That portion of a building, excluding cellars, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

STREET

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.

STREET GRADE

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 midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at some midpoint shall be taken as the street grade.

STREET LINE

The dividing line between the street and lot, also known as right-of-way line.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

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 petition of the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, shall be exempted.

SWIMMING POOL

A body of water in an artificial or semi-artificial receptacle or other container 18 inches or more in depth, used or intended to be used for public, semi-public, or private swimming or wading by adults or children. Decorative ponds, farm ponds, and/or lakes are not included, provided that swimming was not the primary purpose for the construction.

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted.

THEATER

A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.

TOURIST COURT

See "motel."

TOURIST HOME

See "bed and breakfast."

TOWNHOUSE

Single family attached dwelling units or one or two story constructions so situated that there are three or more units contiguous to one another with some common walls, adjacent parking facilities and common yards or open space provided for all occupants.

USE

The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

ACCESSORY USEA use customarily incidental and subordinate to the principal use, building or structure, and located on the same lot with this principal use, building or structure.

PRINCIPAL USEThe main or primary use of property, buildings, or structures. Only one use permitted by right or by special exception shall be permitted as a principal use on an individual lot.

UTILITY SHED

A small building not exceed 144 square feet and accessory to a dwelling unit designed primarily for the storage of yard and garden equipment, bicycles, and other miscellaneous household items incidental to a dwelling and of the type customarily made of prefabricated, materials, but not including truck trailers with or without wheels that have been permanently or temporarily parked for storage purposes.

VARIANCE

The permission, granted by the Zoning Hearing Board, following a public hearing that has been properly advertised, for an adjustment to some regulation or provision of this chapter which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest, and would maintain the spirit and intent of the chapter.

WHOLESALING, STORAGE AND WAREHOUSING

A building or group of buildings primarily used for the storage, transfer and distribution of products and materials.

WINDOW

An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation, or both, to an interior space.

WINDOW, BAY

A window whose casement extends beyond the building line by 24 inches or greater.

YARD

A space open to the sky and unoccupied by any building, structure, or merchandise for display or sale, located on the same lot with a building or structure.

YARD, BUFFER

A space open to the sky and unoccupied by any building, structure, or merchandise for display or sale, located on the same lot with a building or structure, but in addition to and outside of the required front yard, rear yard, and side yards.

YARD, EXTERIOR

An open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the project boundary or street line.

YARD, FRONT

A yard on the same lot with a main building extending the full width of the lot, exclusive of any buffer yards, and situated between the street line or rear line of a buffer yard and the required front building line projected to the side lines of the lot.

YARD, INTERIOR

An open, unoccupied space between the buildings of a dwelling or its accessory buildings; not a front, side or rear yard.

YARD, REAR

A yard on the same lot with a main building extending the full width of the lot, exclusive of any buffer yards, and situated between the rear line of the lot or buffer yard or if none from the conjunction of the two lot side lines and the required rear building lines projected to the side lines of the lot. On a corner lot, the rear yard should be the yard line opposite the street of address.

YARD, SIDE

A yard on the same lot with a main building situated between the required setback line and the side line of the lot or rear yard. Any lot line not a rear line or a front line shall be deemed a side line. On a corner lot, there should only be one side yard.

Depiction of certain zoning terms.