[Ord. 1-71, 3/2/1971; as amended by Ord. 4/23/1986, 4/23/1986;
by Ord. 6/24/1987, 6/24/1987; by Ord. 1-92, 4/8/1992, § 1;
by Ord. 2-92, 6/10/1992, § 1; by Ord. 3-92, 7/8/1992, § 1;
by Ord. 1-93, 1/6/1993; by Ord. 3-93, 1/6/1993, § 1; by
Ord. 1-95, 5/10/1995, § 1; by Ord. 3-95, 8/9/1995, § 1;
by Ord. 1-96, 5/8/1996, § 1; by Ord. 4-96, 7/10/1996, § 1;
by Ord. 1-98, 3/11/1998; § 1; by Ord. 3-99, 5/12/1999, § A;
by Ord. 1-2000, 6/14/2000; by Ord. 2-2002, 6/12/2002; by Ord. 2-2003,
2/12/2003; by Ord. 1-2004, 3/25/2004; and by Ord. 2-2006, 11/8/2006]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Chapter 27 to have the meaning indicated in this Part 2. The present tense includes the future, the singular number includes the plural, and the plural the singular; the masculine gender indicates the feminine and neuter.
A private drive providing pedestrian and vehicular access
between a public or private street and a parking area within a land
development and any drive servicing two or more units of occupancy
on a single lot or contiguous lots.
A building, excluding manufactured homes, subordinate to
the principal building on a lot and used for purposes customary and
incidental to those of the principal building.
A use subordinate to the principal use of land or of a building
on a lot and customarily incidental thereto.
The Pennsylvania Municipalities Planning Code, Act 247 (53
P.S. § 10101 et seq.), as amended.
A business or club which engages in one or more of the following
areas of sales, services or entertainment.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated, slug-operated or for any form of consideration or electronically, electrically or mechanically controlled still or motion picture machines, projectors, video or laser disc players 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 depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or
more of the following:
Books, magazines, periodicals or other printed material or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore, adult novelty store
or adult video store. Such other business purpose will not serve to
exempt such commercial establishments from being categorized as an
adult bookstore, adult novelty store or adult video store so long
as one of its business purposes (constituting the lesser of either
1,000 square feet or at least 25% of the sales and/or rental area
of the business) is the offering for sale or rental for consideration
the specified materials which are characterized by the depiction or
description of specified sexual activities or specified anatomical
areas.
ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which features:
Persons who appear in a state of nudity or seminudity.
Live performances which are characterized by the exposure of
"specified anatomical area" or by "specified sexual activities."
Film motion pictures, videocassettes, slide or other photographic
reproductions which are characterized by the description of "specified
sexual activities" or "specified anatomical areas."
ADULT MOTION PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slide or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area."
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
ESCORT AGENCYA person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
MASSAGE PARLORAn establishment in which personal massages are offered with the intent to provide sexual stimulation to the customer.
NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the Commonwealth of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure
and no advertising that indicates a nude or seminude person is available
for viewing.
Where, in order to participate in a class, a student must enroll
at least three days in advance of class.
Where no more than one nude or seminude model is on the premises
at any one time.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
The application of sludge on, under or into land used for
agricultural purposes.
The cultivation of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nurserying, horticulture, forestry, mushroom growing and animal husbandry
(care and raising of domesticated animals, such as cattle, horses,
pigs, sheep, goats, poultry and similar species). It also includes
preparation of fresh mushroom compost/substrate and processing of
spent mushroom compost/substrate. Agriculture does not include the
keeping of small animals, such as cats and dogs, as household pets.
[Amended by Ord. 3-2011, 6/8/2011]
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders, joints or rafters,
or enclosure walls.
A commercial establishment which provides as a principal
use, amusement devices and/or games of skill or change (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.
An institution where the science and art of prevention, cure
or alleviation of disease and injury in animals is being administered
by persons qualified and authorized to treat diseases and injuries
of animals.
A building designed for and occupied as a residence of two
or more families living independently of one another.
A landowner or developer or his authorized agent, including
his heirs, successors and assigns, as hereinafter defined, who has
filed an application for subdivision or land development.
Every application, whether preliminary, tentative or final
required to be filed and approved prior to start of construction or
development including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
That part of a building which is immediately below or 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 in 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.
An internally illuminated sign face comprised of light-emitting
diodes, that is controlled remotely and equipped with ambient light
sensors to control the display's intensity, that is located on
a barn-like structure.
[Added by Ord. 2-2015, 1/14/2015]
An establishment where liquids used as motor fuels are stored
and dispensed into the fuel tanks of motor vehicles by an attendant
or persons other than an attendant and provides servicing for automobiles
and other motor vehicles, but which does not include painting or body
and fender repairs.
An enclosed area partly or completely below grade. It shall
be considered a building story if more than 33Â 1/3% of the perimeter
walls are five feet or more above grade and if the net area of the
door or window openings in the exterior walls is at least equal to
10% of the enclosed floor area.
An area of land bounded by streets.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A roofed, often open to the sides, passage connecting two
buildings (as a house and garage) or halves of a building.
Any structure which has enclosing walls and a roof including
house trailers and manufactured homes.
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(1)
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DETACHED — A building which has no party wall.
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|
(2)
|
SEMI-DETACHED — A building which has only one party wall
in common with an adjacent building.
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|
(3)
|
ATTACHED — A building which has two or more party walls
in common with adjacent buildings.
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The total or areas taken on a horizontal plane at the average
grade level of the principal and all accessory buildings, exclusive
of uncovered porches, awnings, terraces and steps.
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.
A line within a lot which is equidistant from a front, side
or rear line which represents the minimum separation distance between
the street right-of-way or lot line to the limits of the building
line as determined by the yard requirements of this chapter. If any
portion of the front lot line is not within a street right-of-way,
such distance shall be measured between such portions of the front
lot line and the front building line.
A term used to describe the size of buildings or other structures
and their relationships to each other, to open areas such as yards
and to lot lines and therefore includes:
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(1)
|
The size including height and floor area of buildings and other
structures.
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|
(2)
|
The relation of the number of dwelling units in a residential
building to the area of the lot.
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|
(3)
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All open areas in yard space relating to buildings or other
structures.
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The paved surface of a street available for vehicular traffic.
A space with less than 1/2 of its floor to ceiling height
above the finished grade of the adjoining ground or with a floor-to-ceiling
height of less than 6Â 1/2 feet. Within a dwelling unit, a cellar
shall not be counted as floor area, nor as a story of permissible
building height.
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.
The person charged with the responsibility for administering
the provisions of this chapter who may sometimes be referred to as
Zoning Officer.
Any mixing, combining, processing, aerating, packaging, shipping,
or similar use of any composting materials or storing processed compost
for the purpose of sale or distribution. Fresh mushroom compost/substrate
and spent mushroom growing compost/substrate are specifically excluded
from this definition.
[Amended by Ord. 3-2011, 6/8/2011]
An activity operated as a business, open to the public, for
the purpose of public recreation and entertainment, including, but
not limited to: dance, exercise or martial arts studio, bowling alleys,
drive-in motion-picture facilities, swimming pools, health clubs,
miniature golf courses, museums, mini golf and driving ranges, etc.
This does not include adult-related uses, shooting ranges or amusement
arcades, as defined herein.
[Amended by Ord. 2-2014, 9/24/2014]
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any organic waste material including, but not limited to,
the manure of any animal, organic material produced or reclaimed from
cleaning any barn or other building or other building used for raising
of agricultural products, livestock, poultry or horse stable or similar
structure, or any other organic material which is stored, combined,
processed, aerated, packaged, shipped for reuse or application on
any property or any additional processing.
A use which may not be appropriate to a particular zoning district 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 of the Planning Commission, in accordance with Part 12 and Part 14 of this chapter.
Office, shop, storage and garage facilities for service type
contractors that perform the majority of their business at the job
site including, but not limited to, carpenters, painters, roofers,
etc.
A building used for the purpose of retail sales of foodstuffs
and dry goods. Permissible accessory uses to this use only shall include
the retail sale of gasoline and related products and the retail sale
of prepared food for consumption off-premises.
A residential street with an open end for public vehicular
and pedestrian access and the other end terminating in a vehicular
turn around.
A date on which a completed application together with all
required information, fees, etc., is received by the appointed Township
official.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Township
of Lower Oxford lies.
A flat, wooden floored, roofless area adjoining a house,
often used for recreational purposes.
The number of dwelling units per the base site area.
The number of dwelling units per the net buildable site.
A single dwelling which has yards on all four sides.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
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(1)
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The Board of Supervisors;
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(2)
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The zoning Hearing Board; or
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(3)
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The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development ordinances. Determinations
shall be appealable only to the boards designated as having jurisdiction
for such appeal.
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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 a land development.
The provisions for development 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 development plan" when used in this chapter
shall mean the written and graphic materials referred to in this definition.
Normal wastes from kitchens, water closets, lavatories, and
laundries in residences, offices, hotels, stores, restaurants, hospitals,
schools, commercial establishments, industrial establishments and
similar services.
A private means of vehicular and pedestrian access from a
public or private street to a single lot.
A driveway providing access to not more than two contiguous lots, which is established and maintained in accordance with the applicable requirements of this chapter or the Township Subdivision and Land Development Ordinance [Chapter 22] and all other applicable laws and regulations.
A lot or portion of a lot used for deposit and storage of refuse including, but not by way of limitation, garbage, ashes, and rubbish. The definition of dump does not include a sanitary landfill as defined by this Chapter 27 and when operated in accordance with standards established by the Pennsylvania Department of Environmental Resources and/or the Chester County Health Department.
A building designed for and occupied for residential purposes,
excluding hotels, institutional homes, motor courts, and the like,
and including, but not limited to, the following:
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(1)
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SINGLE-FAMILY DETACHED DWELLING — A dwelling on a lot
designed and occupied exclusively as a residence for only one family,
having independent outside access and having open space on all sides.
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|
(2)
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DUPLEX DWELLING — A single two-family semi-detached dwelling
on a lot having only two dwelling units from ground to roof and having
only one wall in common with another dwelling.
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(3)
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TWIN-HOME DWELLING — A single-family, semi-detached dwelling
unit having only one dwelling unit from ground to roof and only one
wall in common with another dwelling unit.
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(4)
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SINGLE-FAMILY ATTACHED DWELLING — A dwelling on a lot
designed and occupied exclusively as a residence for one family, having
independent outside access attached to but separated from adjoining
dwelling by not more than two parting walls.
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(5)
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MULTIPLE-FAMILY DWELLING — A dwelling on a lot designed
and occupied exclusively as a residence for three or more families.
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Any room or group of rooms located within a residential building
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking, and eating by
one family.
A right-of-way granted for limited use of land for public
or private use.
A licensed professional engineer registered in Pennsylvania
and duly designated by Lower Oxford Township to perform the duties
of engineer as herein specified.
An addition to the floor area of an existing building, an
increase in size of another structure, or an increase in that portion
of a lot occupied by an existing use.
A person who for consideration agrees or offers to act as
a companion, guide or date for another person or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
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(1)
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A single person occupying a dwelling unit, or
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|
(2)
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Two or more persons related by blood or marriage occupying a
dwelling unit, including not more than two boarders, roomers, or lodgers;
or,
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|
(3)
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Not more than four unrelated persons occupying a dwelling unit,
living together.
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A farm family is:
|
(1)
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A single person actively farming the farm on which he resides;
or,
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|
(2)
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Two or more persons related by blood or marriage actively farming
the farm on which they reside.
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A plot of land on which livestock are fattened for market.
Soils along streams subject to flooding as a natural function
of streams and wetlands, as identified by the "Soil Survey of Chester
County, Pennsylvania," U.S.D.A., SCS, dated May 1963, as being "on
the floodplain" or "subject to flooding."
The sum of the gross horizontal area of the several floors
of a building or buildings measured from the outer face of the exterior
walls or from the inner face of walls separating two buildings.
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(1)
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RESIDENTIAL USE — The sum of the gross horizontal area
of the several floors of a building and its accessory buildings, excluding
cellar, basement, garage or carport floor areas not devoted to residence.
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|
(2)
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OFFICE, COMMERCIAL, INDUSTRIAL OR MANUFACTURE USE — The
sum of the gross, horizontal area of the several floors of a building
and its accessory buildings including basements and attics within
a minimum headroom of eight feet.
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The ratio of floor area to the lot area, as determined by
dividing the floor area by the lot area.
The sum of the floor areas of a building measured to the
outside surfaces of exterior walls and including all areas intended
and designed for the conduct of a business or use.
The total floor area designed for occupancy by an owner or
tenant, as measured to the center of interior joint walls and the
exterior of outside walls.
The sum of the floor areas of a dwelling unit as measured
to the outside surfaces of exterior walls 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.
Composting materials as herein defined being prepared and
processed for the purpose of creating a medium in which to grow mushrooms.
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.
Building where motor vehicles are stored in return for compensation.
All water beneath the surface of the ground excluding water
above the water table but below the surface of the ground.
Point or points where pits, wells, or other facilities are
placed in a geologic formation at a particular depth or over a particular
depth range for the purpose of collecting samples of ground water
from directly beneath the point or points.
A street, generally parallel and adjacent to a property line,
having less right-of-way width than normally required for a satisfactory
improvement and use of the street.
Office, shop, storage, garage and storage/equipment yard
facilities for heavy construction type contractors that perform the
majority of their business at the job site including, but not limited
to, excavation, bridge and road contractors.
A measurement of a building's vertical height as taken
from the average exposed ground elevation surrounding the building
foundation to the peak of the roof.
A structure's vertical measurement from the mean level
of ground abutting the structure to the highest point of the structure.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
[Added by Ord. 1-2012, 6/13/2012]
An accessory use which is customarily carried on within a dwelling unit or an accessory structure by one or more occupants of the dwelling unit except that two persons not residing in the dwelling unit may be employed. See § 27-1418, "Home Occupation," for design standards.
All surfaces which do not absorb water including all buildings
and paved surfaces. In addition, any other area determined by the
Township Engineer to be impervious within the meaning of this definition
shall also be classified as impervious. Total square foot area within
this definition, as projected on a horizontal plane, shall be considered
as impervious surface.
The total area of all impervious surfaces divided by the
base site area.
Includes, but are not limited to, grading, paving, curbing,
fire hydrants, water mains, sanitary sewers, storm sewers, and other
surface drainage facilities, retaining walls, street signs, monuments
or the like, intended for dedication to the Township.
Any and all waste discharged from an industrial or manufacturing
establishment other than domestic waste.
An area of land with or without buildings used for storage
outside a completely enclosed building or 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 two or more unlicensed,
wrecked, or disabled vehicles, or the major part thereof, is a junkyard,
provided that unused farm equipment stored on agricultural properties
shall not be included within the definition of a junkyard.
A structure or place used for the breeding or boarding of
two or more domestic animals.
The application of sludge on, under or into the land at any
location for any purpose other than agriculture.
Any of the following activities:
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(1)
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The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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|
(a)
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A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
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|
(b)
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The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
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(2)
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A subdivision of land.
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(3)
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"Land development" does not include development which involves:
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|
(a)
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The conversion of an existing single-family detached dwelling
or single-family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
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|
(b)
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The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building.
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|
(c)
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The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
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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.
A completely planted visual barrier composed of plants and
trees to form both a low level and high level screen.
A branch of a craft, art, business, manufacturer, especially
one that utilizes capital in manufacturing and which can be accommodated
close to residential districts because of its minimum impact to the
environment in terms of noise, air pollution, water pollution and
movement of materials.
Any parcel or tract of land intended as a single unit for
the purpose of ownership, transfer of ownership, use, rent, improvement
or development. The word "lot" includes the word "plot", "parcel"
or "tract." Contiguous nonconforming lots of record under single and
separate ownership shall be considered one lot for the purposes of
this chapter. A lot as herein defined may or may not coincide with
a lot of record.
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LOT, CORNER — A lot which has an interior angle of less
than 135° at the intersection of two street lines. A lot abutting
upon a curved street shall be considered a corner lot if the tangents
to the curve at the points of intersection of the side lot lines with
the street line intersect at an interior angle of less than 135°.
Corner lots shall have two front yards, one side and one rear yard.
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LOT, FLAG — A 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.
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LOT, INTERIOR — A lot other than a corner lot, the sides
of which do not abut a street.
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LOT, THROUGH or REVERSE FRONTAGE — An interior lot having
frontage on two parallel or approximately parallel streets.
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The area of land included within a lot provided that the
area shall not include any part of an existing or proposed street
right-of-way, nor shall the lot area include the area of the leg of
a leg lot when said leg is less in width than the required building
width and greater than 50 feet in length.
The area contained within the property line of the lot excluding any area within any existing or designated future street right-of-way, and excluding any area required as open space under this Chapter 27.
A percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking area, sidewalks).
The line separating the lot from the street right-of-way.
The line which is parallel to or within 45° of being
parallel to the line designated as the front lot line.
A side lot line is any lot line which is not a front lot
line or a rear lot line.
A lot identified on a subdivision plan or on a deed or other
instrument of conveyance recorded in the Office of the Recorder of
Deeds in and for Chester County, Pennsylvania.
The distance between the side lines of a lot measured along
a straight line lying between the required front and rear building
setbacks and making equal angles with the side lines. For a corner
lot, the lot width is the distance between one of its front lot lines
and the side lot line opposite thereto, measured along a straight
line making equal angles with such front and side lot lines and lying
between the required front building setback from the other front lot
line and the required side building setback from the side lot line
opposite such other front lot line. If the lot width is measured along
the setback line, the lot width at the street right-of-way line shall
be a minimum of 50 feet or as designated by the zoning district.
A function involving the processing or production of materials,
goods or products.
A transportable, single family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
The fecal and urinary excrement of livestock and poultry,
often containing some spillage of food, bedding or litter.
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, above ground storage, and under barn storage. Under
barn manure storage shall not be counted as floor area, or as a story
of permissible building height.
A metal pipe or pin of at least 1/2 inch in diameter, and
at least 24 inches in length.
A principal use whereby a comprehensive medical and residential
environment primarily serves retirement-aged persons and/or those
possessing some ailment or disability. Medical residential campuses
also offer a variety of residential dwelling types determined by the
occupants' respective needs for some level of nursing and/or
medical care.
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.
A stone or concrete monument with a flat top at least four
inches across and at least 24 inches in length.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
Involves the following elements:
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(1)
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The conformance of the proposed development or use with the
Comprehensive Plan for Lower Oxford Township and the compatibility
of the project with existing and proposed land uses adjacent to the
site.
| |
|
(2)
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The impact on any existing floodplains, heavily wooded areas,
steep slopes and other sensitive natural features, if any.
| |
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(3)
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The impact on the Township and regional transportation system
and the ability of the adjacent streets and intersections to efficiently
and safely handle the traffic generated by the proposed development
or use.
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(4)
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The impact on public utilities including, but not limited to,
sewage disposal, garbage and rubbish disposal, water supply, storm
drainage and electrical utilities.
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(5)
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The impact on the provisions of police and fire protection for
the proposed development or use.
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(6)
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(6) The impact upon the character of the surrounding neighborhood.
The applicant must show that the proposed development or use will
not adversely affect the neighborhood by reasons of noise, odors,
vibration or explosion.
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A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part or the nipple or the showing of the covered
male genitals in a discernibly turgid state.
Facilities designed for the housing, boarding and dining
associated with some level of nursing care.
That portion of a lot which is restricted from future development
for natural resource protection, buffers, and/or recreation. "Open
space" does not include land occupied by structures, roads, road rights-of-way,
parking lots or areas reserved for future parking lots, stormwater
detention basins, nor does it include any portion of the minimum lot
areas as required by this chapter.
That portion of the base site area that is required to remain
as open space.
All waste materials whether solid, or liquid, or semi-solid,
or semi-liquid, or otherwise from any source.
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
A masonry (usually concrete or brick) flat floored area adjoining
a house often used for recreation purposes.
Includes an individual, corporation, partnership, incorporator's
association, or any other similar entity.
A complete and exact land development or subdivision plan
prepared by a registered engineer, land surveyor, or landscape architect
for official recording as required by the Act to define property rights
and proposed streets and other improvements.
A tentative land development or subdivision plan prepared
by a registered engineer, land surveyor or landscape architect, in
lesser detail than a final plan, showing approximate proposed street,
drainage, and lot layout as a basis for consideration prior to preparation
of a final plan.
A plan prepared by a registered engineer or surveyor showing
the vertical section of the existing grade and proposed grade along
the center line of any proposed street, and any street appurtenances
to be constructed or installed, which must include a typical cross-section
of the street construction.
An informal plan, not necessarily to exact scale, indicating
topographic and other salient existing features of a tract and its
surroundings and general layout of the proposed subdivision or land
development.
The Planning Commission of Lower Oxford Township.
A covered entrance to a building, usually with a separate
roof.
Includes:
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(1)
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Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
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(2)
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Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
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(3)
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Publicly owned or operated scenic and historic sites.
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A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township of Lower Oxford.
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.
Any Township or state owned street, avenue, boulevard, road,
highway, freeway, parkway, lane, alley, viaduct, or any other ways
used or intended to be used by vehicular traffic or pedestrians.
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.
Any municipally or privately owned water supply system established
for the distribution or sale of water in accordance with the regulations
of the Pennsylvania Department of Environmental Resources and other
applicable laws of the commonwealth.
A lot or portion of a lot used for excavation and/or removal
of rock, stone, sand or other earthen material.
That portion of the total unrestricted land area that is
required to be utilized for active recreation use.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
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.
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 site.
Those businesses whose primary activities involve the display
and the sales of goods and products to the general public. This term
shall not include adult related uses as defined herein.
A lot extending between and having frontage on a major thoroughfare
and local street and with vehicular access solely from the latter.
Refers to land reserved as a street, crosswalk, or for other
public or private purposes.
A land site on which engineering principles are utilized
to bury deposits of solid waste without creating public health or
safety hazards, nuisances, pollution or environmental degradation.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
All water-carried domestic or industrial wastes or any combination
thereof.
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(1)
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INDIVIDUAL SYSTEM — The treatment and disposal of sewage
by use of septic tanks and on-lot subsurface seepage beds, or other
safe and healthful means, approved by the Chester County Health Department.
Such system shall be totally within the confines of the lot on which
the use is located.
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(2)
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COMMUNITY SEWAGE COLLECTION, TREATMENT, AND/OR DISPOSAL SYSTEM
— A sanitary sewage system which carries sewage from individual
dischargers by a system of pipes to one or more common treatment and
disposal facilities employing spray irrigation and/or subsurface land
disposal techniques. Treatment and disposal may occur either within
the parcel being developed or an adjacent parcel, and shall be approved
by the Chester County Health Department and/or the Pennsylvania Department
of Environmental Resources.
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(3)
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PUBLIC SEWAGE SYSTEM — A publicly owned regional system
for treatment and disposal of sewage in which sewage is conveyed to
the system by a central collection system. The system shall be approved
by the Chester County Health Department and/or the Pennsylvania Department
of Environmental Resources.
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Coarse screenings, grit, and dewatered or air dried sludges,
septic and holding tank pumpings and any other residues from sewage
collection and treatment systems which require disposal.
Any of the following:
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(1)
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The fondling or other erotic touching of human genitals, pubic
region, anus, buttocks, female breasts.
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(2)
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Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation or sodomy.
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(3)
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Excretory functions as part of or in connection with any of
the activities set forth in Subsections (1) and (2) above.
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An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center. An adult-related
facility.
The entire area within a continuous perimeter formed by straight
lines joined at right angles which enclose the extreme limits of the
writing, background, representation or display of the sign face. The
supports, uprights, or structure on which any sign is supported shall
not be included in determining the surface display area unless such
supports, uprights or structure is designed in such a manner as to
form an integral background of the display or conveys meaning. For
the purpose of computing the allowable area of a double-faced sign,
one sign face shall be considered.
[Added by Ord. 1-2009, 5/13/2009]
A freestanding sign providing information necessary for the
operation of a business, including, but not limited to, menu boards
associated with fast-food operations.
[Added by Ord. 1-2009, 5/13/2009]
A freestanding sign in which the entire bottom is either
in contact with or within five feet of the ground.
[Added by Ord. 1-2009, 5/13/2009]
A freestanding sign identifying the name of the shopping
center and some or all of the businesses within the shopping center.
[Added by Ord. 1-2009, 5/13/2009]
A sign within a shopping center used solely for the purpose
of control and direction of vehicular traffic within the shopping
center. A directional sign may direct vehicles to particular buildings
or tenant spaces within the shopping center.
[Added by Ord. 1-2009, 5/13/2009]
A sign fastened to, or painted on, the wall of a building
or structure in such manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign and that does not
project more than 12 inches from such building or structure.
[Added by Ord. 1-2009, 5/13/2009]
One or more buildings or parts thereof, designed as a unit
to be occupied by one or more business enterprises for the conduct
of business as an integrated planned area development, with controlled
ingress and egress and off-street parking provided on the property
as an integral part of the unit. These enterprises may include those
for the retail sale of such things as dry goods, variety and general
merchandise, clothing, food, flowers, drugs, liquor, household supplies
or furnishings, sale or repair of jewelry or scientific instruments,
the provision of personal services such as barbershops, banks, hairdressers,
laundry or laundromats, and cleaning and pressing shops, and for such
purposes as theaters or bowling alleys, restaurants and fast-food
restaurants.
[Amended by Ord. 1-2009, 5/13/2009]
Any letter, word, model, device, symbol, or representation
intended as an announcement, direction or advertisement and may be:
[Amended by Ord. 1-2009, 5/13/2009]
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any adjoining property.
The gross site area minus: (A) all roads as measured to their
ultimate rights-of-way and existing overhead utility transmission
rights-of-way; and (B) land without development opportunities due
to conservation easement or restrictive covenant.
All land area within the site as determined from an actual
site survey.
That part of the base site area remaining for development
after the required amount of open space has been subtracted.
Sewage sludge or other waste materials as defined herein
or any other material, which any person seeks to spread or place on
the land, other than commercially prepared and sold agricultural fertilizers
and agriculturally-produced animal wastes.
An electric-generating facility, whose main purpose is to
generate and supply electricity, and which consists of one or more
solar energy systems and other accessory structures and buildings,
including substations, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. Such facilities shall
not include solar energy systems meant for residential or agricultural
use.
[Added by Ord. 1-2012, 6/13/2012]
Any solar collector or any other solar energy device, or
any structural design feature, mounted on a building or on the ground,
and whose primary purpose is to provide for the collection, storage
and distribution of solar energy for heating, cooling or electricity.
[Added by Ord. 1-2012, 6/13/2012]
A solar collector or energy device, in accordance with the
definition in this chapter, which is used solely to generate electricity
for the residence on which it is located or for the agricultural operation
on which it is located, except that electricity may be sold back to
the power company, and further any agricultural shall be treated as
a commercial solar energy system and must comply with the regulations
contained herein for that purpose if it produces more than 125% of
its own electricity use.
[Added by Ord. 1-2012, 6/13/2012]
Garbage, refuse, and other discarded materials including,
but not limited to, solid and liquid waste materials, resulting from
Township, industrial, commercial, agricultural and residential activities.
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.,
10901 et seq.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state, even if completely covered.
Any material or substance remaining, which is no longer used
for growing mushrooms, after the mushroom growing cycle is complete,
and the crop harvested. The material generally consists of organic
material such as straw, manure, hay, cobs, peat moss, and/or soil
as remains after crop harvest. This definition shall be deemed to
include "aged spent mushroom compost" which is the material remaining
after the spent mushroom compost has been subjected to natural elements
for a period of time, after which the fibrous constituents thereof
have been naturally conditioned by the elements leaving the material
that is primarily a humus-type material suitable for potting soil
or topsoil.
Areas where the slope exceeds 15%.
That portion of a building located between the surface of
any floor and the ceiling or roof next above it.
A strip of land dedicated or offered for dedication to the Township, county or the state, comprising the entire area within the right-of-way which can be traversed at all times of the year by modern motor vehicles and provides adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of the health and safety of Township residents. A strip of land offered for dedication to the Township must have a cartway constructed in conformance with the Lower Oxford Township Subdivision and Land Development Ordinance [Chapter 22]. The word "street" includes road, thoroughfare, parkway, avenue, boulevard, expressway, highway, lane, drive, circle and other common synonyms. Private drives or roads do not qualify as a street for zoning purposes.
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(1)
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COLLECTOR STREET — A street which carries traffic from
local streets into the system of major thoroughfares.
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(2)
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LOCAL STREET — A street intended to serve and provide
access to the properties abutting thereon and not connecting with
other streets in such a manner as to encourage through traffic.
| |
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(3)
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MAJOR THOROUGHFARE — A street with considerable continuity
connecting district centers which serves, or will eventually serve
large volumes of traffic.
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A street line is the right-of-way line of a street.
The center line of a street is a line which is an equal distance
from both street lines.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
A temporary or permanent structure containing or that could
contain a body of water with a minimum depth of two feet.
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(1)
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PRIVATE — Any pool or open tank not located within a completely
enclosed building and containing or normally capable of containing
water to a depth at any point greater than two feet. Ponds and/or
lakes are not included provided that swimming was not the primary
purpose for their construction.
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(2)
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PUBLIC — Any open or enclosed pool, open to the public
for amateur and/or professional swimming or recreational bathing whether
or not a fee is charge for admission or for the use thereof.
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A manufactured home placed on any lot conforming with the
zoning district area requirement on a temporary basis for use and
occupancy as a residence by a parent or parents, or grandparent or
grandparents of the occupant(s) of the principal residence.
A building, housing a single family which has one or two
common walls with similar buildings provided that no more than four
such buildings may be so attached in any one group.
The Township of Lower Oxford.
Any Lower Oxford Township owned street, as defined herein.
A tract of land under single ownership designed and developed
for commercial and light industrial purposes from a single, unified
subdivision or land development plan, involving the layout of building
sites, buildings and improvements, together with associated landscaping,
pedestrian and vehicular traffic circulation planning, stormwater
management facilities, parking, lighting and similar improvements,
in order to achieve a campus theme involving a combination of more
than one permitted use in the zoning district in which a unified commercial/light
industrial development is permitted by conditional use.
[Added by Ord. 2-2014, 9/24/2014]
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
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.
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(1)
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INDIVIDUAL SYSTEM — A safe and healthful supply of water
to a single user from a private well located on the lot on which the
use is located.
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(2)
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CENTRAL WATER SUPPLY SYSTEM — A system for supplying water
from a common source or sources, available to all dwellings and buildings
within a service area to be approved by the Township. The system shall
be approved by the Chester County Health Department and/or the Pennsylvania
Department of Environmental Resources. The water supply source may
be located on or off the lot or lots being serviced by the system.
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An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within the Township of Lower Oxford.
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
Any device such as a wind charger, wind turbine or windmill
and/or other electric-generation facility whose main purpose is to
convert wind power into another form of energy such as electricity
or heat for distribution, consisting of one or more wind turbines
and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenant structures and facilities.
[Added by Ord. 1-2012, 6/13/2012]
A wind energy system consisting of one or more wind turbines,
towers and associated controls and conversion electronics which has
a rated capacity of greater than 100 kilowatts and which is designed
and used solely to generate power to offset utility costs.
[Added by Ord. 1-2012, 6/13/2012]
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control in conversion electronics which has
a rated capacity of not more than 100 kilowatts and which is designed
and used to generate power solely to serve to offset utility costs
of a principal and/or accessory building located on the lot on which
said device is situated.
[Added by Ord. 1-2012, 6/13/2012]
A wind energy system 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.
[Added by Ord. 1-2012, 6/13/2012]
Stands of trees averaging greater than six inches in caliper
measured four feet above the ground covering an area greater than
1/4 acre; or a grove of more than five trees within an area less than
1/4 acre that is greater than 12 inches in caliper measured four feet
above the ground. Such woodland associations shall include but shall
not be limited to floodplain and swamp association, meisic upland
and lowland associations, and upland associations.
That portion of a lot which is unoccupied and open to the
sky and extends from lot line to the building.
A yard extending the full width of the front lot line and
extending in depth from such lot line to the nearest point of any
building on the lot.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any building on the lot.
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
point of any building on the lot.
The Zoning Hearing Board of Lower Oxford Township.
