Township of Manor, PA Background Provisions

Word usage. Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differently within this section.

Language interpretation. In this chapter, when not inconsistent with the context:

(1)

Words in the present tense imply also the future tense.

(2)

The singular includes the plural.

(3)

The male gender includes the female gender.

(4)

The word "person" includes an individual, incorporator's association, partnership or corporation, as well as any similar entity.

(5)

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

Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter.

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm.

ACCESSORY DWELLING UNIT

An additional dwelling unit placed on a property for occupancy by a maximum of two people related by blood, marriage, or adoption, to the occupants of the principal dwelling with cooking facilities, sanitary facilities and an independent means of access, either attached to a single-family detached unit or semidetached unit located on the same lot as a single-family or semidetached unit.

[Amended 3-4-2019 by Ord. No. 4-2019]

ACCESSORY MANURE DIGESTER SYSTEM

A manure digester system located on a farm which is incidental and subordinate to the principal farm use.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

ACT

The Pennsylvania Municipalities Planning Code.[1]

ADAPTIVE REUSE OF A HISTORIC MILL

The adaptation of a historic mill structure listed in or eligible for listing on the National Register of Historic Places or the Pennsylvania Register of Historic Places, into a permitted use by this chapter.

ADULT-RELATED FACILITIES

A business or club which engages in one or more of the following areas of sales, services or entertainment:

(1)

ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

(2)

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(3)

ADULT BOOKSTOREAny establishment that has a substantial or significant portion of its stock-in-trade:

(a)

Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;

(b)

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

(4)

ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(5)

ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless performed by a practitioner licensed by the Commonwealth of Pennsylvania as a medical practitioner, chiropractor, massage therapist, or professional physical therapist. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

[Amended 9-5-2023 by Ord. No. 2-2023]

(6)

ADULT MINI MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(7)

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

(8)

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(9)

ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin or slug operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(10)

ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(11)

ADULT NEWSRACKAny coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12)

ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

(13)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy.

(14)

ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(15)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGRICULTURAL SUPPORT BUSINESS

Business activities and/or services directed at meeting the needs of those engaged in farming in the overall region. Such activities may include the commercial processing of farm products and/or the warehousing or distribution of farm products, supplies or equipment. Such uses are beyond the scope of farm-related businesses as defined herein.

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals. This definition also includes greenhouses and mushroom houses, as well as the processing and retail sale of goods produced on the farm.

AGRITAINMENT

A farm-based temporary or seasonal activity, enterprise, or business that combines the elements and characteristics of agriculture and entertainment, and may include incidental preparation and sale of beverages, food, and souvenirs. Examples of agricultural entertainment include but are not limited to one or a combination of the following: corn mazes; hay rides; petting farms; on-farm tours with demonstrations of farming practices, techniques and methods; horseback riding; haunted barns; weddings; and other fee-based similar activities.

AIRPORT

A 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 hangers.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls. Any renovation to a building which would change its use.

AMUSEMENT ARCADE

A commercial establishment which provides as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.

ANAEROBIC DIGESTION

The process in which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas.

ANIMAL HOSPITALS

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.

ANIMAL, EXOTIC

Exotic animals shall include all nonnative animals, but excepting small nonpoisonous/nonlethal animals and birds customarily kept as house pets.

ANTENNA HEIGHT

The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average height between the highest and lowest grades shall be used in calculating the antenna height. The vertical distance shall not include the antenna (which shall not exceed 15 feet in height) located on top of the antenna support structure.

ANTENNA SUPPORT STRUCTURE

Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.

(AS) AIRPORT SAFETY ZONE TERMS AND PHRASES

Unless specifically defined elsewhere herein, the following words and phrases when used in § 425-22 of this chapter relating to the (AS) Airport Safety Zone shall have the meaning given to them herein this definition unless the context clearly indicates otherwise:

(1)

AIRPORTMcGuinness Field Airport (8N7).

(2)

AIRPORT ELEVATIONThe highest point of an airport's usable land area measured in feet above sea level. The airport elevation for McGuinness Field Airport (8N7) is 334 feet.

(3)

AIRPORT HAZARDAny structure or object, natural or man-made, 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 Part 77 and 74 Pa.C.S.A. § 5102.

(4)

AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in § 425-22 of this chapter and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[2]

(5)

APPROACH SURFACE ZONEAn imaginary surface longitudinally centered on the extended runway center line 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, as shown on Figure 1 in § 425-22 of this chapter, is derived from the approach surface.

(6)

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 or for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1 in § 425-22 of this chapter, is based on the conical surface.

(7)

FAAFederal Aviation Administration of the United States Department of Transportation (DOT) and its successors.

(8)

HEIGHTFor the purpose of determining the height limits in all (AS) Airport Safety Zone related zones set forth in § 425-22 of this chapter and shown on the Official Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

(9)

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, as shown on Figure 1 in § 425-22 of this chapter, is derived from the horizontal surface.

(10)

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.

(11)

NON-PRECISION-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 non-precision-instrument approach procedure has been approved or planned.

(12)

OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by § 425-22 of this chapter.

(13)

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.

(14)

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 center line. The primary surface zone, as shown on Figure 1 in § 425-22 of this chapter, is derived from the primary surface.

(15)

RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.

(16)

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. The transitional surface zone, as shown on Figure 1 in § 425-22 of this chapter, is derived from the transitional surface.

(17)

TREEAny object of natural growth.

(18)

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.

(19)

VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.

AUTOMOBILE SALES

Any building or land devoted to the retail sales of passenger vehicles, including accessory service and repair facilities if conducted within a wholly enclosed building.

AUTOMOBILE SERVICE

The retail repair, servicing, maintenance and reconstruction of passenger vehicles, but not including car washes per se.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD ELEVATION

The projected flood height of the base flood.

BED-AND-BREAKFAST

A 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.

BIOGAS

A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of anaerobic digestion processes.

BOARD

The Zoning Hearing Board of Manor Township.

BOARDING HOUSE

A detached building or portion thereof arranged or used for sheltering or feeding, or both, as a gainful business, for more than three and not more than 10 individuals that do not constitute a family.

BUFFER

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms and/or fences, and designed to limit views and sounds from the development tract to adjacent properties and vice versa.

BUILDING

Any structure with a roof intended for shelter or enclosure of persons, animals or property.

(1)

DETACHEDA building that has no party wall.

(2)

SEMI-DETACHEDA building that has only one party wall in common.

(3)

ATTACHEDA building that has two or more party walls in common.

BUILDING AREA

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

BUILDING HEIGHT

A building's vertical measurement from the mean level of the ground abutting the building at its corners to the highest point of the roof.

BUILDING SETBACK LINE

The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

CAMPGROUND

A lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.

CAMPSITES

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

CARPORT

An unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts, except that one or more walls may be the walls of the main building to which the carport is accessory.

CELL SITE

A tract or parcel of land that contains the cellular phone antenna, its support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to cellular phone transmission.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area, or as a story of permissible building height.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.

CERTIFICATE OF USE AND OCCUPANCY

A statement signed by a duly authorized Township officer setting forth that a building, structure or use legally complies with this Zoning Ordinance and that the same may be used for the purposes stated therein.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that confine and conduct continuously or periodically flowing water.

CHURCH AND RELATED USES

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day-care facilities.

CLUB, PRIVATE

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are not conducted any vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include adult-related facilities as defined herein.

COMMERCIAL KEEPING AND HANDLING

Producing and/or maintaining with the express purpose and intent of selling the product for a livelihood.

COMMERCIAL PROCESSING OF AGRICULTURAL PRODUCTS

The conversion of raw materials produced on the farm into semi-finished or finished products and/or the packaging of such products. Examples of commercial processing include, but are not limited to, dairies, fruit/vegetable canning operations, meat/poultry processing/packing operations, grain and/or flour mills, fertilizer plants, etc.

COMMERCIAL RECREATION FACILITY

An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to, bowling alleys, billiard rooms, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses or amusement arcades, as defined herein.

[Amended 8-2-2021 by Ord. No. 8-2021]

CONDITIONAL USE

A use which may not be appropriate to a particular zone as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 425-132 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONSERVATION PLAN

A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

CONVENIENCE STORE

(1)

A retail sales business that specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use:

(a)

The rental of video tapes, provided that an adult bookstore is specifically prohibited;

(b)

The preparation and sales of delicatessen sandwiches and foods provided that no patron seating is provided; and

(c)

The use of no more than two amusement devices (e.g., pinball machines, video games, and other similar devices).

(2)

Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained.

CONVERSION APARTMENTS

The creation of additional dwelling units by converting an existing single-family detached dwelling or nonresidential building without altering the exterior of the building, except as required for safety. Conversion apartments have no more than four separate dwelling units.

DAY CARE

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.

(1)

DAY-CARE, COMMERCIALA day-care facility that is a primary use and is licensed by the Commonwealth of Pennsylvania and its successors.

(2)

DAY-CARE, FAMILYA day-care facility that is operated as an accessory use to a detached single-family dwelling that is registered by the Commonwealth of Pennsylvania and its successors and offers care and supervision to no more than four different persons during any calendar day.

DCED

Pennsylvania Department of Community and Economic Development and its successors.

DELICATESSEN

An establishment that serves ready-to-eat food products, such as sandwiches, soups and salads, and which includes both patron seating and carry-out service. No more than 25% of the area of the delicatessen shall be devoted to carry-out service. No drive-through service shall be permitted.

DENSITY

The number of dwelling units in relation to the area of land of a parcel in use or proposed to be used for residential purposes, exclusive of exterior public rights-of-way.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DEVELOPMENT DISABILITY

A disability of a person that has continued or can be expected to continue indefinitely; a disability that is:

(1)

Attributable to mental retardation, cerebral palsy, epilepsy or autism.

(2)

Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.

(3)

Attributable to dyslexia resulting from a disability described in Subsections (1) and (2) of this definition.

DEVELOPMENTALLY DISABLED PERSON

A person with a developmental disability.

DOMESTIC PETS

The noncommercial keeping of nonfarm and nonexotic animals as an accessory use to a primary residential use.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm.

DWELLING UNIT

A building or portion thereof forming a single habitable unit with facilities which are used and intended to be used for living, sleeping, cooking, and eating exclusively by one family or one or more individuals living as a single housekeeping unit. The occupancy of a dwelling unit by more than one family or housekeeping unit at the same time is prohibited. Without limitation, the prohibited occupancy set forth herein shall include the renting of a portion of a dwelling unit, whether short-term or long-term, while the remaining portion of the dwelling unit is occupied or available for occupancy by others.

[Amended 9-5-2023 by Ord. No. 2-2023]

(1)

SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family, and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yards. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. (See Figure 1.)

Figure 1

(2)

DUPLEX (two-family; single-family semidetached)A freestanding building containing two dwelling units for two families, arranged in a side-by-side (Figure 2) or over-and-under (Figure 3) configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard.

Figure 2

Figure 3

(3)

MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (Figure 4)

Figure 4

(4)

TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls. (Figure 5) Those units placed on common grounds shall have one front and rear yard and two side yards. End units constructed on individual lots shall have front, side and rear yards. Interior unit shall have front and rear yards (no side yard).

Figure 5

DWELLING UNIT

A building or portion thereof forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating exclusively by one or more individuals living as a single housekeeping unit.

[Amended 3-4-2019 by Ord. No. 4-2019]

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land, including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.[3]

ELECTRONIC NOTICE

Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

FAMILY

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. This definition does not intend to prohibit group homes and/or community living arrangements that are determined to be protected by the Federal Fair Housing law, provided such facilities are licensed and permitted under the authority of the Department of Welfare of the Commonwealth of Pennsylvania or other state department or agency. In determining the functional equivalent of a traditional family, the following criteria shall be present:

(1)

The group shares the entire dwelling unit.

(2)

The group lives and cooks together as a single housekeeping unit.

(3)

The group shares expenses for food, rent, utilities or other household expenses.

(4)

The group is permanent and stable, and not transient or temporary in nature.

(5)

Any other factor reasonably related to whether the group is the functional equivalent of a family.

FARM

Any parcel of land with 10 or more acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

FARM OCCUPATION

A business activity clearly conducted as an accessory use to a principal agricultural or farm use.

FARM-RELATED BUSINESS

Business activities and/or services directed at meeting the needs of those engaged in local farming. Such activities shall be directed at providing materials and services needed to farm, rather than the distribution of goods produced on the farm. Such activities shall be also specifically sized to primarily serve local users.

FEMA

Federal Emergency Management Agency.

FENCE

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.

FILL

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, etc.

FIVE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 500 years.

FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display or merchandise.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses, or from the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD ELEVATION

The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas.

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOF

Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to property, structures and their contents.

FLOODWAY

The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than one foot.

FLOOR AREA, GROSS

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.

FLOOR AREA, HABITABLE

The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

GARAGE, PRIVATE

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, however, that one commercial vehicle of not more than three-quarter-ton capacity may be stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided adequate off-street parking is still available on the same lot as the dwelling unit.

GOLF COURSE

A golf course with a minimum of 2,800 yards of play in nine holes.

GROUP HOME

A dwelling operated and protected under the Federal Fair Housing Law, with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be subject to the same limitations and regulation by the Township as single-family detached dwellings.

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of, or otherwise managed.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.

HEALTH AND RECREATION CLUB

A commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.

HEIGHT, BUILDING

A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof.

HEIGHT, STRUCTURE

A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/take off and be stored.

HELIPORT

A principal use where one or more helicopters may land/take off and be stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangers.

HOME-BASED BUSINESS

A business or commercial activity that is conducted as an accessory use, which is clearly incidental and subordinate to the residential use on the same lot.

HOME OCCUPATION

A business activity administered or that is clearly conducted as an accessory use to and within a single-family detached dwelling.

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hour-per-day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

HOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms with less than 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

HOURS OF OPERATION AND MANAGEMENT PLAN

An hours of operation and management plan demonstrating how on-site activities for agritainment uses are appropriately scheduled, operated, and maintained to protect the existing neighborhood and nearby residential uses from detrimental noise, disturbance, or interruption.

IMPORTANT NATURAL HABITAT

Any land area characterized by any or all of the following:

(1)

Wetlands as defined by criteria of the U.S. Department of Interior, Fish and Wildlife Service;

(2)

Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania Threatened or Pennsylvania Endangered; and

(3)

PNDI confirmed extant plant and animal species and communities that have a State Rank of S1 or S2.

INTERIOR DRIVE

Any on-site vehicular movement lane(s) that are associated with a use other than a single-family dwelling.

JUNKYARD

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 one or more 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.)

KENNEL

Any lot on which three or more animals (except livestock) are kept, boarded, raised, bred, treated, or trained for a fee, including but not limited to dog or cat kennels.

LANDFILL

A parcel of ground, a portion of which has received a permit from the Pennsylvania Department of Environmental Protection, to receive solid waste intended for permanent disposal on the parcel by covering the solid waste with soil or other cover materials, and the associated liners, solid waste deposits, earthen berms, mechanically stabilized earthen berms, temporary and permanent cover, and leachate collection on the parcel.

[Added 9-21-2016 by Ord. No. 4-2016]

LANDOWNER

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

LANDSCAPE SCREEN

A completely planted visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen between grade and to a height of six feet.

LANDSCAPING

Landscaping shall include, but not be limited to, grass and other plantings such as trees, shrubs, and bushes, and may also include mulch and/or decorative stone.

LANE

A private street or easement located through the interior of blocks and providing vehicular and service access to the side or rear of properties.

LCCD

Lancaster County Conservation District and its successors.

LIVESTOCK

Animals bred, raised, and/or kept, and typically associated with agriculture, including but not limited to horses, donkeys, ponies, cattle, sheep, swine, poultry, bison, deer, alpacas, llamas and ducks. Livestock animals are not considered to be pets.

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOT

A parcel of land separately described by a metes-and-bounds description which is recorded in the Office of the Recorder of Deeds of Lancaster County by deed description or is described by an approved subdivision plan recorded in the Office of the Recorder of Deeds of Lancaster County.

LOT AREA

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

LOT, CORNER

A lot at the point of intersection of and abutting two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of the two street lines. Corner lots shall have two front yards, one side and one rear yard.

(1)

LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone, but that does have sufficient lot width away from the lot's frontage.

(2)

LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.

(3)

LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.

LOT COVERAGE

The percentage of the lot area which may be covered with a surface that prevents the infiltration of water into the ground (including, but not limited to, buildings, driveways, parking areas and sidewalks but excluding areas designated, constructed and functioning as pervious areas).

[Amended 3-4-2019 by Ord. No. 4-2019]

LOT DEPTH

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

LOT WIDTH

The width of a lot measured at the street right-of-way line or the front yard setback line as stipulated in each zoning district. For a flag lot, the lot width shall be measured at the flag. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite property line.

MAILED NOTICE

Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing, pursuant to 53 P.S. § 10109.

MAIN STREET (COMMERCIAL AREA)

In a planned residential development, a street containing a mix of uses, including the Planned Residential Development's greatest concentration of commercial development. If included within a planned residential development, the Main Street commercial area, together with the community green, shall form the focus of the neotraditional neighborhood.

MANUFACTURING

A process whereby substances, raw materials, and/or semifinished materials are chemically, mechanically, or otherwise transformed to goods and products that have some economic value.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE DIGESTER SYSTEM

A facility designed to use anaerobic digestion processes to convert livestock and poultry manure (primary catalyst) into biogas, which is generally burned on-site to produce electricity, heat, and water, as well as to manage livestock and poultry manure. Manure digesters may include "co-digestion," in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). Types of manure digesters include covered anaerobic lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

MANURE STORAGE FACILITIES

A detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.

MAXIMUM FLOOD ELEVATION

The water surface elevations of a flood that would completely fill the floodplain to the boundaries of the (FP) Floodplain Zone.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide, using the national Geodetic Vertical Datum of 1929.

MEDICAL OR DENTAL CLINIC

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.

MINI WAREHOUSE

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.

MOBILE HOME

Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 425-91 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed. For the purposes of § 425-21 of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.

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 which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

MOTEL

A facility which provides lodging to boarders for compensation, which contains more than eight rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

NIGHTCLUB

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

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, the area or dimension of which was lawful prior to the adoption or amendment of this 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.

NONCONFORMING STRUCTURE

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 such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this Zoning Ordinance or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance, or amendment or prior to the application of such ordinance 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.

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding, and dining associated with some level of nursing care.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area which:

(1)

May impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or

(2)

Is placed where the flow of the water might carry the same downstream to the damage of life and property.

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service, or government, including 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.

ONE-HUNDRED-YEAR FLOOD

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).

ONE-HUNDRED-YEAR FLOOD BOUNDARY

The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Natural Resources Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed surveyor or professional engineer, registered by the Commonwealth of Pennsylvania, is necessary to define this boundary.

ONE-HUNDRED-YEAR FLOOD ELEVATION

The water surface elevations of the one-hundred-year flood.

ON-SITE SEWER SERVICE

The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the PADEP.

ON-SITE WATER SERVICE

The provision of a safe, adequate and healthful supply of water to a single principal use from a private well.

OPEN HOUSE

An event conducted as part of an attempt to sell or lease a property, whereby the property is open for public inspection. Open houses must always include a paid advertisement in the local media and the on-site supervision by the property owner or his/her agent.

OPEN SPACE

A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.

OPEN SPACE, COMMON (PLANNED RESIDENTIAL DEVELOPMENT)

In a planned residential development, a parcel or parcels of land or an area of water, or a combination of land and water, including floodplain and wetland areas, within a development site and designed and intended for the use and enjoyment of residents of the development and, where designated, the community at large. The area of parking facilities serving the activities in the common open space may be included in the required area computations. The land area of lots allocated for public and semipublic uses, community clubs and community facilities, including open space for playgrounds and athletic fields that are a part of the principal use and parking facilities, may be included in the common open space. Common open space shall not include:

(1)

The land area of lots allocated for single-family detached dwellings, single-family semidetached dwellings and duplex dwellings.

(2)

The land area of lots allocated for apartment and townhouse dwelling construction, including off-street parking facilities.

(3)

The land area of lots allocated for total commercial use, including parking facilities.

(4)

Street rights-of-way, driveways, off-street parking and service areas, except the landscaped central median of boulevards.

OPEN SPACE, COMMON OR PUBLIC (CLUSTER DEVELOPMENT)

A parcel or parcels of land, an area of water, or a combination of land and water, within a cluster development designed and intended for the use of all residents of the development (common open space) or the general public (public open space), not including streets and walkways, off-street parking areas, areas with no public accessibility, setbacks, and areas at other than ground level. Open space areas may include floodplains and drainage basins. Common or public open space shall be substantially free of structures but may contain such improvements as are appropriate for recreational use by the residents or the general public.

PADEP

Pennsylvania Department of Environmental Protection, and its successors.

PARKING COMPOUND

A primary business where passenger vehicles may be stored for short-term, daily, or overnight off-street parking, and connected to a street by an access drive.

PARKING LOT

An accessory use in which required, and possibly, additional parking spaces are provided subject to the requirements listed in § 425-41 of this chapter.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKS, PRIVATE

A recreational facility owned or operated by a nonpublic agency and/or conducted as a private gainful business.

PARKS, PUBLIC AND/OR NONPROFIT

Those facilities designed and used for recreation purposes by the general public that are: owned and operated by a government or governmental agency/authority; or are operated on a nonprofit basis. This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses, and amusement arcades.

PENNDOT

Pennsylvania Department of Transportation, and its successors

PERSON

An individual, corporation, partnership, incorporator's association, or any other similar entity.

PERVIOUS AREA

Any material/surface that allows water to pass through at a rate equal to or greater than natural ground cover.

PESTICIDE

Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.

PETROLEUM PRODUCT

Oil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.

PET(S)

Smaller, domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. Pets include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops, but shall not include those animals considered livestock, or any animal or bird for which a permit is required under the Pennsylvania Game and Wildlife Code.[4]

PLANNED CENTER

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit.

PLANNING COMMISSION

The Planning Commission of Manor Township.

PREMISES

The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

(1)

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(2)

Any land that is used for, or devoted to, a separate purpose unrelated to the advertised activity.

(3)

Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.

PROFESSIONAL BIOLOGIST

An individual with at least a graduate degree in aquatic and/or terrestrial biology and/or ecology, and with a depth of knowledge in organisms and the processes of ecological systems.

PUBLIC

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

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action on zoning-related matters.

PUBLIC MEETING

A forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq., known as the Sunshine Act, and subsequent amendments.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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.

PUBLIC SEWER

A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the PADEP. Such systems are capable of serving multiple users.

PUBLIC USES

Includes public and semipublic uses of a health, safety, and welfare nature, such as parks, fire stations, municipal buildings and garages.

PUBLIC UTILITIES

Use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.

PUBLIC WATER

A municipal water supply system, or a comparable common water facility approved and permitted by the PADEP. Such systems are capable of serving multiple users.

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

REGULATORY FLOOD ELEVATION

An elevation equal to 1 1/2 feet higher than the surface water elevation associated with the one-hundred-year flood as defined herein.

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.

RESTAURANT, DRIVE-THROUGH OR FAST FOOD

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off of the site.

RETAIL STORE/SALES

Retail stores are those businesses whose primary activities involve the display and retail sales of goods and products. This term shall not include adult-related facilities as defined herein.

RIGHT-OF-WAY

A corridor of publicly owned or leased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs," and "satellite microwave antennas."

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

(1)

COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the school district.

(2)

NONPROFIT SCHOOLA school licensed by the Pennsylvania Department of Education and its successors for the purpose of providing elementary, secondary, and adult education, and operated by the school district.

(3)

PRIVATE SCHOOLA school that offers elementary, secondary, post-secondary and/or post-graduate education that may, or may not, be operated as a gainful business.

(4)

PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the School District.

(5)

VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

(a)

Truck driving;

(b)

Engineer repairs;

(c)

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

(h)

Other similar trades, as determined by the Zoning Hearing Board pursuant to §§ 425-6 and 425-123E of this chapter.

SEASONAL RESIDENCE

A dwelling, cabin, lodge or summer house which is intended for occupancy less than 182 days of the year.

SEPARATION

The required horizontal distance or space between two or more objects (i.e., as in minimum separation distances between buildings in a multifamily development).

SETBACK

The required horizontal distance between a setback line and a property or street right-of-way line.

(1)

SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."

(2)

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

(3)

SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SHOPPING CENTER

A group of stores and other uses permitted within the respective zone, planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit, as well as any single retail store in excess of 75,000 square feet of gross floor area.

SOIL SURVEY

The latest published version of the United States Department of Agriculture's, and its successors', soil survey for Lancaster County, Pennsylvania.

SOLAR ENERGY SYSTEM

Any solar collector consisting of one or more cell(s), panel(s), or array(s) designed to collect and convert solar power into another form of energy such as electricity or heat, and other structures and buildings, used in the conversion, storage, and distribution including electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

SOLID WASTE

Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.

SOLID WASTE PROCESSING FACILITY

Land, structures, or improvements where solid waste processing or similar uses takes place, including accessory or ancillary facilities to landfills and to solid waste processing facilities. Landfills are not solid waste processing facilities.

[Added 9-21-2016 by Ord. No. 4-2016]

SPECIAL EXCEPTION

A use that is 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 § 425-123C of this chapter.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct;: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3)

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

(5)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain;

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STRUCTURE

[Amended 9-21-2016 by Ord. No. 4-2016]

(1)

Any manmade object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

(a)

STRUCTURE, ACCESSORYA structure associated with an accessory use, (e.g., swimming pools, antennas, tennis courts, garages, utility shed, etc.).

(b)

Structure, Principal — A structure associated with a primary use including any attached structures, such as garages, decks, patios, etc.

(2)

Structures shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes, and any other similar nonpermanent improvements. A landfill is not a structure.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either: before the improvement or repair is started; or if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.

SWIMMING POOL

Any pool, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

TAVERN

An establishment that 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.

TOWNSHIP

Manor Township.

TRAVEL TRAILER

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a "travel trailer":

(1)

The unit is of such size or weight as not to require a special highway movement permit from PennDOT when self-propelled, or when hauled by a standard motor vehicle on a highway.

(2)

The unit is mounted or designed to be mounted on wheels;

(3)

The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck;

(4)

The unit contains, or was designed to contain, temporary storage of water and sewage; and

(5)

The unit contains some identification by the manufacturer as a travel trailer.

TWO-FAMILY CONVERSIONS

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

(1)

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.

(2)

USE, PRINCIPALThe main or primary use of property or structures.

USE AND OCCUPANCY PERMIT

A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning permit and the Zoning Ordinance.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.

VETERINARIAN'S OFFICE

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or fowl. No outdoor boarding of animals is permitted.

VOCATIONAL-MECHANICAL TRADE SCHOOL

An educational use that offers training of the following occupations:

(1)

Truck driving;

(2)

Engine repairs;

(3)

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

(8)

Other similar trades.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land from which water drains into a particular watercourse.

WIND ENERGY CONSERVATION SYSTEM (WECS)

A device such as a wind charger, wind turbine and/or other electric-generation facility designed to convert wind power into another form of energy such as electricity or heat, consisting of one or more wind turbines and other structures and buildings, including meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

WINDMILL

A device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.

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. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

WIND TURBINE

A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

WIND TURBINE TOWER

The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

YARD

An area between the permitted structures and the property lines.

(1)

YARD, FRONTThe area contained between the street right-of-way line and the principal structure. On corner lots, there shall be two front yards, being the area contained between the street right-of-way lines and the principal structure.

(2)

YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be all areas between the building and every lot line.

(3)

YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the non-address street(s).

ZONING (ZONE)

The designation of specified districts or zones within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.

ZONING PERMIT

A written statement issued by the Zoning Officer authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.

[3]

Editor’s Note: The former definition of “ECHO housing,” which immediately followed this definition, was repealed 3-4-2019 by Ord. No. 4-2019.

[4]

Editor's Note: See 34 Pa.C.S.A. § 101 et seq.