A.
Certain terms and words are defined under § 215-7 of this chapter. The following guidelines shall be utilized to interpret the terminology of this chapter:
(1)
Words used in the present tense shall include the future tense.
(2)
Words in the singular shall include the plural and words in the plural
shall include the singular.
(3)
Words in the masculine shall include the feminine and the neuter.
(4)
The word "shall," "must" or "will" is mandatory.
(5)
The word "may" or "should" is permissive.
(6)
The word "person" includes "individual," "corporation," "partnership,"
"organization," "association," "trust," or other similar entities.
(7)
The words "used for" include "designed for," "arranged for," "intended
for," "maintained for," or "occupied for."
(8)
The word "building" shall be construed as if followed by the phrase
"or part thereof."
(9)
The word "structure" includes "building" and shall be construed as
if followed by the phrase "or part thereof."
(10)
The word "street" includes "expressway," "arterial," "highway,"
"thoroughfare," "avenue," "boulevard," "court," "lane" and "road."
(11)
The word "watercourse" includes "channel," "creek," "ditch,"
"drain," "dry run," "spring," "stream" and "swale."
B.
Any word or term not defined herein shall be used with a meaning
of standard usage.
The following terms or words used in this chapter shall be construed
as defined below. When terms or words are not defined, they shall
have their ordinarily accepted meanings or such as the context may
imply.
Any inoperable vehicle lacking a current state license or
inspection sticker, as further regulated by the Commonwealth of Pennsylvania.
The relinquishment of property, or the cessation of the use
thereon for a continuous period of time, with or without the intention
to resume the said use. The act of abandonment shall also apply to
the intent to abandon a use at any given time during occupancy of
that use.
The state of being side by side, next to or adjoining one
another.
An improved cartway or paved service road designed to provide
vehicular access between the public road and the off-street parking
area for the designated use.
A clearly defined point of ingress and egress for vehicles
at the street line.
A building or structure subordinate to the principal building
or principal structure on a lot and used for purposes customarily
incidental to those of the principal use.
A subordinate use of a portion of a lot, which is customarily
incidental to the main or principal use of land or of a building on
a lot.
Forty-three thousand five hundred sixty square feet.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended and codified.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended and codified.
The Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1
et seq., as may be amended from time to time.
The West Nantmeal Township Sewage Facilities Plan, as adopted
by the Board of Supervisors in accordance with Pennsylvania Act 537,
as amended.
The state of being side by side, next to or adjoining one
another.
An establishment primarily engaged in overall management
and supervisory functions, such as executive, personnel, finance,
legal and sales activities, typically performed in a single location
or building for other branches or divisions of the same company.
The average number of vehicles that pass over a given point
per day.
Any adult arcades, adult bookstore, adult cabaret, adult
theater, adult mini motion-picture theater, adult novelty stores,
adult video stores, escort agencies, nude model studios, sexual encounter
centers, nontherapeutic massage parlor, or other similar adult business
uses or adult entertainment uses, whereas, under the provisions of
West Nantmeal Township and the State Obscenity Code, as amended,[1] must exclude minors or may not knowingly disseminate to
minors. The following subordinate definitions shall specifically apply
to "adult business uses or adult entertainment uses":
ADULT ARCADE or MINI MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons within private viewing booths and/or by use of token, coin-operated viewing booths, projectors, video machines, or other electronic media sources projectors, as defined by West Nantmeal Township and/or the State Obscenity Code, as amended.[2]
ADULT BOOKSTORE and ADULT NOVELTY STOREA commercial establishment having as a substantial or significant portion of its stock-in-trade (for sale or rental) books, magazines, periodicals, photographs, films, videos, motion pictures, slides or similar materials, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined by West Nantmeal Township and/or the State Obscenity Code, as amended.[3] An adult bookstore and/or adult novelty store may include
the sale of instruments, devices, novelties or paraphernalia which
are designed for the use in connection with specified sexual activities.
ADULT CABARETA nightclub, bar, club, restaurant, tavern, theater, or similar commercial establishments which features: persons who appear in the state of nudity or seminudity; live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas; and/or films, motion pictures, videocassettes, slides, or other photographic reproductions, which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT ESTABLISHMENTAn adult business use and/or an adult entertainment use, as permitted under this chapter.
ADULT THEATERA theater, concert hall, auditorium, business, or similar commercial establishment which features: persons who appear in the state of nudity or seminudity; live performances which are categorized by the exposure of specified sexual activities or specified anatomical areas; and/or films, motion pictures, videocassettes, slides, or other photographic reproductions, which are categorized by the depiction or description of specified sexual activities or specified anatomical areas.
ESCORTA 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.
ESCORT AGENCYA person or business association who or which furnishes, offers or advertises to furnish escorts for a fee, tip, or other consideration, as part of its business.
NUDE MODEL STUDIOAny place where a person who appears seminude, in a state of nudity, or displays specific anatomic areas, and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who may pay money or any other form of consideration.
NUDITY or STATE OF NUDITYThe showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage, the showing of the female breast with less than fully opaque covering of any part of the nipple, the showing of the covered male genitals in a discernibly turgid state, or as defined by the Commonwealth of Pennsylvania.
SEMINUDE or SEMINUDE CONDITIONThe state of dress in which clothing partially or transparently covers or exposes specified anatomical areas.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: physical contact in the form of wrestling or tumbling between persons of the opposite sex; activities between male and female persons and/or persons of the same sex when one or more of the persons is in the state of nudity or seminudity; any variation of "mud wrestling"; or any sexual encounter activities defined by the Commonwealth of Pennsylvania.
SEXUALLY ORIENTED BUSINESSAny adult business or entertainment use.
SPECIFIC ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breasts(s) below a point immediately above the top of the areola, or human male genitals (covered or uncovered) in a discernibly turgid state, or as defined by the Commonwealth of Pennsylvania.
SPECIFIED SEXUAL ACTIVITIESActivities, including the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; excretory functions as part of or in connection with any of the sexual activities set forth in this chapter; or any specified sexual activities defined by the Commonwealth of Pennsylvania.
STATE OBSCENITY CODESection 5903, Title 18, Pennsylvania Consolidated Statutes, as amended.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
AGRICULTURE (GENERAL)The cultivation of the soil and the raising and harvesting of the products of the soil, including, but not limited to, nursery, horticulture, forestry and animal husbandry. This chapter outlines the limitations for general agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act,[4] the Right to Farm Law,[5] the Nutrient Management Law,[6] and the Agriculture Communities and Rural Environment
(ACRE) Law.[7]
AGRICULTURE (INTENSIVE)Specialized agricultural activities, including, but not limited to, mushroom, swine, dairy, beef and poultry production, and any other livestock production which, due to the intensity of production or raw material storage needs, necessitate special control of operation, raw material storage and processing, and disposal of liquid and solid wastes. Intensive agricultural activities shall also include general agricultural activities exceeding the standards and specifications outlined under this chapter. This chapter also outlines the limitations for intensive agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act,[8] the Right to Farm Law,[9] the Nutrient Management Law,[10] and the Agriculture Communities and Rural Environment
(ACRE) Law.[11]
AGRONOMICThe science and technology of utilizing plants for food, fuel, feed and fiber in a sustainable environment by applying the sciences of biology, chemistry, ecology, earth science, and genetics.
AQUACULTUREThe raising and harvesting of freshwater and saltwater organisms, including mollusks, crustaceans and aquatic plants under controlled conditions.
HORTICULTUREThe cultivation of fruits, vegetables, flowers and ornamental plants.
HYDROPONICSThe growing of plants, without soil, in water to which nutrients have been added. Other names for hydroponics are "soilless gardening," "soilless culture," "chemiculture," and "water gardening."
SILVICULTUREThe science of controlling the establishment, growth, composition, health, and quality of forests over land areas which are generally not suitable for a sustainable forest.
A private, public or commercial facility utilized for the
landing and takeoff of aircraft, including any appurtenant areas utilized
as airport buildings or navigation facilities which are permitted
in accordance with local, state and federal regulations.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, such as bearing
walls, columns, beams, girders, joists, rafters, headers, or enclosed
walls, or any enlargement or modification thereof, whether by extension
on any side or by an increase in height, or the moving of such building
from one location or position to another, or any other change of use
of a building or a lot. All permitted alterations shall comply with
the appropriate building codes adopted by West Nantmeal Township.
A private facility capable of converting solar, water, wind, wood, fire and/or other emerging green technology source into a viable energy source for a permitted use in accordance with the provisions and design criteria specified under § 215-144 of this chapter. The following definitions shall specifically apply to "alternative and emerging energy facilities":
ALTERNATIVE ENERGYA source of energy generated from solar, water, wind, geothermal or similar sources which is capable of providing energy and utility provisions to a permitted use.
ALTERNATIVE ENERGY FACILITYA private facility capable of converting solar, water, wood, fire and/or wind into a viable energy source and utility provisions for a permitted use. Such facilities may include solar panels, wind turbines, geothermal systems and/or other similar alternative energy facilities.
APPLICANTA person or entity filing an application for an alternative and/or emerging energy facility.
ATTACHED ALTERNATIVE ENERGY FACILITYA facility that is physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building in accordance with all pertinent zoning, utility and building code requirements.
EMERGING ENERGYA source of energy generated from a renewable or green technology source, other than solar, water, wind or geothermal sources, which is capable of providing energy and utility provisions to a permitted use.
EMERGING ENERGY FACILITYA private facility capable of converting renewable or green technology energy sources into a viable energy source and utility provisions for a permitted use.
FACILITY OWNERThe entity or entities having an ownership interest in the alternative and/or emerging energy facility, including their successors and assigns.
FREESTANDING ALTERNATIVE ENERGY FACILITYA facility that is not physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building. All such facilities shall be considered a separate or accessory structure that has the abilities to convert and convey energy to the principal use in accordance with all pertinent zoning, utility and building code requirements.
HUB HEIGHTThe distance measured from the surface of the tower foundation to the height of the wind turbine hub to which the blade or other accessory components are attached.
LANDOWNERAny person(s) or entity owning property within the Township.
NONPARTICIPATING LANDOWNERAny landowner except those on whose property all or a portion of an alternative and/or emerging energy facility is located pursuant to the provisions of this chapter.
OCCUPIED BUILDINGA building located on a parcel of land utilized as a permitted use in accordance with the provisions of the Township.
OPERATORThe entity responsible for the day-to-day operation and maintenance of the alternative and/or emerging energy facility.
PRIVATE ENERGY AND UTILITY PROVIDERA principal use owned, operated and/or maintained by a private or independent utility company for the purposes of providing energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
TURBINE HEIGHTThe distance measured from the surface of the tower foundation to the lowest and/or highest point of the turbine rotor plane.
WIND ENERGY FACILITYAn electric-generating facility whose main purpose is to convert and supply electricity to a permitted use. Such facilities may include wind turbines, blades, spirals, helixes and/or other accessory wind-generating structures, which may also include buildings, substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a generator, which may include a nacelle, rotor, tower, transformer pad, blades, spirals, helixes and/or and the supporting energy apparatus.
WOOD-FIRED BOILERAn alternative energy facility designed to burn clean wood or other permitted solid fuels which transfers heated air or liquid through a piping or ventilation system. All such systems are generally contained within an accessory structure that is not intended for habitation by humans or animals. An outdoor wood-fired boiler may also be known as an "outdoor wood-fired furnace," an "outdoor wood-burning appliance," an "outdoor hydraulic heater" and/or a "water stove."
A medical facility, including lands and buildings not part
of a hospital in which a variety of outpatient medical services, not
including emergency medical services, are provided to persons, including:
occupational therapy; physical therapy and rehabilitation; physical
fitness and cardiac rehabilitation; speech therapy; hearing testing;
behavior modification; outpatient surgery and procedures not requiring
hospitalization; renal dialyses; dental care; laboratory procedures,
including blood draw, collection of other bodily fluids and analysis
thereof; eye care; sports medicine clinic; and similar medical provider
services. Transport of patients by helicopter to or from an ambulatory
care facility or by other emergency medical support vehicles with
sirens or other audible warning systems engaged shall be prohibited.
The raising and keeping of farm animals for any commercial
purpose. The keeping of livestock and poultry as farm pets for domestic
purposes shall not be considered as animal husbandry.
A facility owned, operated or maintained by an individual,
association, humane society, animal welfare society or other nonprofit
organization for the purpose of providing for and promoting the welfare,
protection and humane treatment of animals.
Farm animals or livestock equaling 1,000 pounds of body weight
of any species.
A transmitting and/or receiving device utilized for communication.
The vertical distance measured from the average grade plane
adjacent to the footings or support structure of the base of the antenna
to the highest point of the structure. If the support structure is
on a sloped grade, then the average between the highest and lowest
grades shall be used in calculating the antenna height.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in transmitting or receiving communications.
A landowner, equitable landowner, developer or authorized
agent of the landowner who has filed an application for development,
including his heirs, successors and assigns.
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.
The West Nantmeal Township Board of Supervisors.
An architect registered by the Commonwealth of Pennsylvania.
A building, complex or distinct part thereof designed to
foster assisted living and consisting of self-contained living units
where services are available to support resident independence, autonomy,
and aging in place in the least restrictive environment possible,
including where cognitive support services are required. The residence
promotes resident self-direction and active participation in decision-making
while emphasizing individuality, privacy and dignity. The term includes
housing required to be licensed under the United States Department
of Housing and Urban Development assisted living conversion program.
The term does not include a personal care home, domiciliary care home,
publicly financed housing, an independent living community, or a housing
unit in a continuing care retirement community certified by the Insurance
Department, where residents of such homes or units contract for services
directly. Assisted living facilities are licensed by the Pennsylvania
Department of Human Services.
That part of a building which is immediately below and wholly
or partly within the roof framing.
Any building or land area devoted to the sale of three or
more new or used vehicles at any given time, including customary service
and repair facilities within an enclosed building.
Any building or land area devoted to the repair, servicing,
restoration, reconstruction and maintenance of vehicles, including
the retail sale of gasoline, motor oil, car washes, batteries and
other similar vehicular accessories.
A structure utilized for the storage of farm products, agricultural
equipment, animal feed and/or the housing of farm animals.
That portion of a building that is partly or completely below
the grade plane. A basement shall be considered a story above grade
plane when the finished surface of the floor above the basement is
as follows: more than six feet above the grade plane; more than six
feet above the finished ground level for more than 50% of the total
building perimeter; and/or more than 12 feet above the finished ground
level at any point.
The use and occupancy of a single-family detached dwelling
for the purpose of accommodating transient guests for compensation
or rent up to a maximum of 10 consecutive days.
A tract of land or a lot or group of lots bounded by streets,
public parks, railroad rights-of-way, watercourses or bodies of water,
boundary lines of West Nantmeal Township, or by any combination of
the above.
The Board of Supervisors of West Nantmeal Township, Chester
County, Pennsylvania.
The West Nantmeal Township Board of Supervisors, Chester
County, Pennsylvania.
A single-family dwelling containing not more than three guest
rooms or suites, where lodging is provided with or without meals for
compensation over a period of time exceeding one week.
A continuous strip of land which is clear of all buildings
and paved areas and is adequately landscaped in accordance with this
chapter.
Any combination of material forming any structure, which
is erected on the ground and designed to be affixed thereto, whereas
the framed components or structural parts are designed for the complete
enclosure (with walls and a roof) and support for individuals, animals
or property of any kind.
The total area taken on a horizontal plane at the main grade
level of all primary and accessory buildings on a lot, excluding unroofed
porches, paved terraces, steps, eaves and gutters, but including all
enclosed extensions. The definition of "building area" should not
be considered synonymous or be compared with the subordinate definitions
for "lot area," including "lot area (building)."
The percentage of a lot covered by principal and accessory
buildings.
The area of a lot that has no building or construction restrictions,
such as building setback requirements, rights-of-way, easements, floodplains,
wetlands, slopes over 20% in grade, or similar restrictions as defined
in this chapter.
The front of a building considering the location of the main
entrance and the public street providing access. For corner lots,
the building frontage shall be established along both streets to which
the building has frontage or access.
The vertical distance measured from the grade plane to the
average roof height, as further defined by the appropriate building
codes adopted by West Nantmeal Township.
The longest horizontal dimension of a building, as measured
in a single straight direction.
A statement issued and signed by the Zoning Officer and Building
Code Official authorizing the erection, construction, alteration,
conversion, replacement or enlargement of a building or structure
in accordance with the pertinent codes adopted by West Nantmeal Township.
The minimum distance a building or structure must be set
back from the ultimate street right-of-way line (where it exists)
or from the street legal right-of-way line (where the ultimate right-of-way
does not exist) of the street immediately adjacent thereto.
The line within a property establishing the minimum required
distance between any building or structure, or portions thereof, to
be erected or altered and a street right-of-way (except the right-of-way
of a service street). The distance shall be measured at right angles
from the street right-of-way line which abuts the property, and the
building setback line shall be parallel to said right-of-way line.
A group of mixed uses located within a planned nonresidential development which are principally related to business, professional office and industrial uses, as further specified and regulated under § 215-61 of this chapter.
The diameter of a tree trunk as measured 54 inches from the
ground surface.
A commercial facility to clean the exterior or interior portion
of automobiles, which may include self-service facilities or full-service
facilities as a principal use or subordinate use.
A building open on two or more sides and used in association
with a dwelling for the storage of private motor vehicles.
The portion of a street right-of-way, whether paved or unpaved,
designed for vehicular use.
Land used or intended to be used for the burial of human
or animal remains which may include columbariums, crematoriums, mausoleums,
mortuaries and memorial gardens when operated and maintained within
the boundary of such cemetery.
A statement issued and enforced by the authorized Zoning
Officer and/or Building Code Official, whereas upon the completion,
conversion, extension or modification of a new building or existing
building, a certificate of compliance is issued and the building can
be lawfully occupied for the intended use or activity.
An individual considered by law to be a minor that is under
18 years of age. For the purposes of a day-care center or facility,
a child shall be considered any person who is under 15 years of age.
A building used for public worship by a congregation, excluding
buildings used primarily for residential, educational, burial, recreational
or other uses not normally associated with worship.
An area of unobstructed vision at a street intersection,
as prescribed by West Nantmeal Township and/or the Pennsylvania Department
of Transportation, which shall be measured 30 inches above the ground
elevation and under 10 feet below ground elevation, which is further
defined by a line of sight between points at the center lines of a
street at the point of intersection of the proposed street.
The removal or destruction of all vegetation from an area of land, or the removal or cutting of woodlands in accordance with the provisions specified under § 215-22 of this chapter.
An association of persons for some common nonprofit activity,
not including groups organized primarily to render a service which
is customarily carried on as a business.
PRIVATE CLUB or COUNTRY CLUBLand and buildings containing private or semiprivate recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms, and similar uses, for the exclusive use of the members and their guests.
SOCIAL CLUB OR LODGELand and buildings containing recreation facilities, social quarters, restaurants, meeting rooms, banquet facilities, bars, taprooms, and similar uses, owned and operated by nonprofit organizations for the exclusive use of the members or guests.
A commercial use involving a parcel of land which is temporarily
occupied by more than two campsites during specified seasons, including
tents and recreation vehicles.
The structural components, antennae and framework utilized
for the transmission and/or reception of radio, television, microwave
or other communication signals. The facilities include the equipment
necessary for the receipt, transmission and/or relay of such signals.
Examples include, but are not limited to, cellular phone, transmitting
devices and radio transmission, reception and relay equipment.
A commercial use involving the accumulation, processing,
packaging and/or distribution of biodegradable and organic materials
from approved uses, including mushroom production uses; municipal
uses; landscaping uses; nursery uses; forestry uses; agricultural
uses; and other similar uses, as determined appropriate by West Nantmeal
Township.
A permitted commercial use where the patrons have the option to be provided services without leaving their vehicle as per the provisions of § 215-140 of this chapter.
A retail or wholesale business operation devoted to the raising
and/or selling of trees, ornamental shrubs, flowers, houseplants,
and similar items, for transplanting, along with the sale of ancillary
supplies, wherein the growing operation is conducted indoors.
An educational facility carried on as a business and not
operated by a public agency. The range of curriculums can include,
but are not limited to, academic instruction, business, technical
programs, art, music, dance, language, and other similar commercial
school uses as determined by the Zoning Officer.
A use or activity that includes, but is not limited to, retail
sales, businesses, offices, personal services, banks, financial institutions,
restaurants, communications, recreation, and other similar commercial
uses as determined by the Zoning Officer.
Any motor vehicle utilized for a business or trade activity
of any kind, including construction, excavating, earthmoving equipment,
or similar equipment, regardless of the use, excluding a Class I and
II motor vehicle, which is properly licensed by the Commonwealth of
Pennsylvania.
The exportation of naturally occurring surface water or groundwater
exceeding an average volume of 5,000 gallons or more per day, which
is transported off site for other purposes.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development, designed and intended for
use or enjoyment of all residents of the development in which it is
located.
A designated area for the parking of vehicles serving a multifamily
residential development or a planned nonresidential development containing
more than one use.
Any wall located on a lot or parcel line between adjacent
buildings which is used or adapted for joint service between the two
buildings. The term "common wall" shall be synonymous with the term
"party wall."
A public or quasi-public municipal, institutional or recreational
use devoted exclusively to accommodate one or more group activities,
including, but not limited to, civic, social, recreational, educational,
or cultural, or other similar activities determined appropriate by
the Zoning Officer.
The West Nantmeal Township Comprehensive Plan, or any part
thereof, as adopted by the West Nantmeal Township Board of Supervisors.
A use in a particular zoning district by approval of the
Board of Supervisors in accordance with the specific criteria set
forth in this chapter.
Overlay provisions established to consider conservation management,
environmental resource protection, natural resources, and open space
preservation. These provisions are intended to supplement and enhance
the existing underlying zoning district regulations for certain land
areas and water features, including floodplains; wetlands and hydric
soils; steep slopes; woodlands; and historical resources.
The preservation and utilization of land and surface water
as wildlife habitats, forests, farmland, meadows, wetlands, lakes,
streams, rivers, and other similar uses or features that involve no
site improvements other than those required for education, recreation
or municipal uses.
The placement of materials and equipment in a defined area
to be assembled, built, applied and/or demolished in a temporary or
permanent manner, as approved by the designated officials of West
Nantmeal Township.
A facility primarily designed to provide a home-like environment while patients recover from long-term illnesses or medical procedures in accordance with the provisions specified under § 215-37 of this chapter. Convalescent homes may provide a combination of medical services and support staff.
A building with less than 10,000 square feet in gross floor
area, which is opened to the general public for up to 24 hours per
day and designed and intended to be utilized solely for both the retail
sale within the building of limited food items, beverages, takeout-only
delicatessen, newspapers, magazines, and incidental personal care
items (but excluding the sale of prescription drugs and clothing)
and the location within the building of not more than two ATM banking
machines for the convenience of the general public, and the retail
sale of gasoline outside of the building when dispensed from gasoline
fueling positions located under a canopy.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Chester, Commonwealth of Pennsylvania.
The Chester County Planning Commission.
A portion of a lot unoccupied above grade but partially or
wholly surrounded by the walls of a structure or buildings.
An area of land or water with one or more of the following
characteristics: steep slopes; floodplain; wetlands; hydric soils;
high water table soils; land subject to hazardous, municipal or industrial
waste; fault areas; sinkholes; stream corridors; estuaries; habitats
of endangered species; and/or other protected areas, species or habitats
listed on the Pennsylvania Natural Diversity Inventory.
A proposed zoning amendment that is filed with the Board
of Supervisors by any landowner/applicant who desires to challenge
on substantial grounds the validity of an ordinance which prohibits
or restricts the use or the development of land in which the landowner/applicant
has an interest.
The point where the face of the curb meets the edge of the
cartway. If no curb exists, the curbline shall be considered the edge
of the improved cartway.
Domesticated animals which are customarily kept in or in
conjunction with a dwelling unit by the owners or residents, including,
but not limited to, cats, dogs, rabbits, pigs, small birds, fish and
other similar pets normally sold by retail pet stores.
The offering of care or supervision to minors or adults with
special needs. The following subcategories are related to day-care
facilities and uses:
FAMILY CHILD DAY-CARE HOMEA home other than a child's own home operated for profit or not for profit in which child day care is provided at one time to four to six children unrelated to the operator. All such uses shall comply with the provisions specified under § 215-74 of this chapter.
GROUP CHILD DAY-CARE HOMEA home other than a child's own home operated for profit or not for profit in which child day care is provided at one time to more than six children but less than 13 children who are unrelated to the operator. All such uses shall comply with the provisions specified under § 215-75 of this chapter.
CHILD DAY-CARE CENTERA premises in which care is provided at any one time to seven or more children unrelated to the operator. All such uses shall comply with the provisions specified under § 215-76 of this chapter.
ADULT CARE FACILITYA facility which provides supervision and/or instruction on a daily basis for one or more individuals who have a physical or mental disability, who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized and/or licensed and whether operated for profit or not for profit. An adult care facility may also be referred to as an adult training facility. All such uses shall comply with the provisions specified under § 215-77 of this chapter.
An open or partially enclosed structure, attached or connected
to a permitted use, which is constructed in accordance with the building
codes of West Nantmeal Township.
The deliberate appropriation of land by its owner for general
public use.
A written document whereby an estate in real property is
described, conveyed and recorded.
Clause included in a deed or other recorded document which
restricts, controls or limits the general use of a defined parcel
of land or development.
The total number of residential dwelling units per acre or
lot area.
Any landowner, agent of such landowner, equitable owner,
or tenant with the permission of the landowner, for whom subdivision
or land development plans are being or have been made.
Any man-made change to improved or unimproved land, including,
but not limited to, buildings or other structures, the installation
of utilities, filling, grading, paving, excavation, mining, dredging
or drilling operations.
A proposal for the development of land, prepared in accordance
with the provisions specified by West Nantmeal Township, including
a plan for subdivision or land development, all covenants relating
to use, location and bulk of buildings and other structures, intensity
of use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
[Added 7-10-2017 by Ord.
No. 2017-5]
A designated portion of West Nantmeal Township within which
certain uniform regulations, permitted uses, procedural requirements,
utility provisions and dimensional specifications, or combinations
thereof, apply under the provisions of this chapter.
Any activity involving the breeding, raising, caring for,
housing, hobby/personal use of domestic animals and products derived
from those animals by the occupant, owner or lessee of the lot on
which such use is located. Such animals may include, but need not
be limited to, equine species such as horses and ponies, camelids
such as llamas and alpacas, and other species not defined as household
pets or regulated elsewhere in this chapter. A domestic livestock
use shall not include breeding, raising, caring for, housing and hobby/personal
use of wild or dangerous animals which are regulated by federal or
state law. A domestic livestock use shall be accessory to a single-family
detached dwelling located on the same lot. This definition excludes
all commercial animal operations such as, but not limited to, livestock
production for wholesale and retail markets, boarding and riding stables,
kennels and liveries.
Any dog, cat, equine animal, bovine animal, sheep, goat,
snake, lizard or porcine animal.
A permitted commercial use, where the patrons have the option to be provided services without leaving their vehicle, as per the provisions of § 215-140 of this chapter.
A privately owned and improved access drive which provides
vehicular access between a public road or an approved private road
into the lot or parcel of land.
A commercial use and facility where clothing or fabrics are
cleaned and pressed utilizing non-aqueous solvents, solutions or other
accepted practices.
A building or structure or portion thereof arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other. Such buildings as hospitals, hotels,
boarding, rooming or lodging houses, nursing homes, motels and institutional
residences are not included in the definition of dwelling. The following
dwelling types are further defined as follows:
SINGLE-FAMILY DETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for one family and having no common wall with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building arranged, intended or designed to be occupied exclusively as a residence for two families, one family living on each side of a vertical common wall.
MULTIFAMILY DWELLINGA building arranged, designed and intended to be occupied exclusively as a residence for three or more families. Individual dwelling units may share up to three common or party walls with other units and either have a common outside access area or have individual outside access areas. Types of such buildings shall include townhouses, apartments and/or condominiums.
TOWNHOUSEA building arranged, designed and intended to be occupied exclusively as a residence for one family, which is one of a group of three or more such buildings, placed side by side and separated by unpierced vertical common walls, each dwelling having at least one separate entrance from the outside.
APARTMENT BUILDINGA building on a single lot arranged, designed and intended to be occupied as a residence for two or more families and in which the dwelling units may be separated horizontally and/or vertically.
CONDOMINIUMReal estate, portions of which are designated for separate ownership and the remainder of which is designated for common open space solely for the owners of those portions, created under either the Pennsylvania Unit Property Act, as amended, or the Pennsylvania Uniform Condominium Act, as amended.[12]
MANUFACTURED HOMEA structure that is transportable in one or more sections built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Mobile Home Construction and Safety Standards and rules and regulations promulgated by the United States Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are in place on a site for 180 consecutive days or longer.
MODULAR HOMEA structure designed primarily for residential occupancy which is wholly or partially made, fabricated, formed or assembled in manufacturing facilities for installation or assembly on the building site.
ACCESSORY APARTMENT FOR RELATIVESAn attached component or living area of a permitted single-family dwelling, located on a conforming lot which is occupied by a relative of the occupants of the single-family dwelling.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, building construction and the moving,
depositing, stockpiling, or storing of soil, rock or earth materials.
A defined parcel area of land or right-of-way which is granted
or conveyed for the limited use of land for public, quasi-public or
private purposes.
A use having one or more of the following purposes: to educate
or instruct individuals in a school setting with instruction directed
towards academic, moral, intellectual, mental, physical and vocational
instruction. Excepted from this definition are uses devoted to driver
training schools, heavy equipment training schools, riding schools,
private recreational uses, day-care centers, and other uses that are
not considered academic in character.
A point of exit from a property.
An assemblage of equipment for purposes other than generation
or utilization through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the need of the general public.
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The horizontal alignment of a surface above mean sea level,
as it exists in pre-development conditions or as it is proposed in
post development conditions.
CENTER-LINE ELEVATIONThe elevation of the street at the midpoint of the street.
FIRST FLOOR ELEVATIONThe elevation of the level of living space at the main entrance of the building.
GARAGE ELEVATIONThe elevation of the garage floor at the center of the garage door.
A use that is principally devoted to emergency response or
emergency management services, including structures and facilities
for fire departments, police stations, ambulance stations, emergency
management operations and community response networks.
The total number of workers (including both part-time and
full-time) present on a parcel of land at any given time, other than
temporary or occasional construction workers.
A professional engineer, licensed as such in the Commonwealth
of Pennsylvania.
A detailed written report that provides discussion of significant
environmental impacts and provides reasonable alternatives which would
avoid or minimize adverse impacts or enhance the quality of the environment.
The removal of soil, rock or surface particles by the action
of water, wind, ice or other agents.
The erection, construction, alteration, or maintenance by
a public utility, municipality or governmental agency for general
utility services, including gas, electric, steam, water, sewage disposal,
telephone and similar utility services, excluding telecommunication
and wireless communication providers.
Any animal or species prohibited by Title 50, Code of Federal
Regulations, or otherwise controlled by the Commonwealth of Pennsylvania.
The term includes any animal which is wild, fierce, dangerous, noxious
or naturally inclined to do harm. "Wild animals," however domesticated,
shall also include, but not be limited to:
Dog family (Canidae): all except domesticated dogs, including
wolf, fox, coyote, dingo, wolf hybrids, etc.
Cat family (Felidae): all except commonly accepted domestic
cats, including lions, pumas, panthers, mountain lions, leopards,
jaguars, ocelots, margays, tigers, wild cats, etc.
Bears (Ursidae): all bears, including grizzly bears, brown bears,
black bears, etc.
Raccoons (Procyonidae): all raccoons and civets.
Porcupine (Erethizontidae): all porcupines.
Skunks.
Snakes: all venomous and constricting snakes.
Venomous lizards.
Crocodilians: all alligators, caimans, crocodiles, gavials,
etc.
Venomous fish and piranha.
Venomous invertebrates.
An industrial facility and use in which woods, metals and
other materials are joined, assembled, welded, brazed, soldered, coated,
wrapped, blended and/or converted utilizing machines, equipment, chemicals,
heat, water, lasers, plasma and/or other accepted techniques.
The front of a building facing a public or private street
or any other building face that is given special architectural treatment.
An individual or individuals related by blood, marriage or
adoption that maintain one common household and live within one dwelling
unit. Additionally, up to four unrelated individuals who maintain
a common household and live within one dwelling unit may be considered
a family. Finally, a family may also be considered any number of unrelated
individuals who are disabled and occupy a group home that is licensed
by the appropriate governmental agencies.
[Amended 6-14-2021 by Ord. No. 2-2021]
An area of land, including all buildings, accessory buildings,
farm buildings and permitted residential use(s), which are utilized
as part of an agricultural operation.
The raising and ownership of poultry, sheep, goats, swine,
cattle, horses, and other similar animals which are common to a farm
or an agricultural use, as specified by this chapter. This term shall
not be construed to be synonymous with the term "domestic livestock
use."
A barn, silo or any building used for the storage of agricultural
equipment or farm produce, or housing livestock or poultry. The term
"farm building" shall not include dwellings.
A business substantially devoted to serving an agricultural
operation on a farm, as further regulated by this chapter.
A use that is accessory to an agricultural use which consists
of a one- or two-room building used by members of a recognized religious
sect to educate students.
[Added 4-13-2020 by Ord.
No. 1-2020]
An accessory business that is not substantially devoted to
serving an agricultural operation on a farm, which is intended to
provide supplemental income, as further regulated by this chapter.
The Federal Communications Commission of the United States
of America.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
A bank, savings and loan association, savings bank, investment
company, philanthropic foundation, credit union, or the office of
an investment manager, investment banker, or securities broker or
dealer. This term shall exclude pawn shops and nonbank operations
that provide check-cashing services and advances on paychecks.
A road that provides fire apparatus access from the fire
station to a facility, building, land area, or portion thereof in
accordance with the provisions of the International Fire Code. This
is a general term inclusive of all other terms such as fire lane,
public street, private street, parking lot lane and access roadway.
A flagstaff designed and solely intended for the patriotic
display of the flag of the United States of America, or its armed
forces, the Commonwealth of Pennsylvania or any political subdivision
thereof, or the flag of a group or organization, or combination thereof,
and for no other purpose. A flagpole shall not include a standard
antenna, a standard antenna support structure, a commercial communications
antenna support structure, tower, antenna or any other structure designed,
intended or capable of supporting any other use or purpose.[13]
The gross floor space of the building or buildings, measured
from the exterior faces of exterior walls or from the center line
of a wall separating buildings. In particular, the floor area of a
building or buildings shall include: basement space; all spaces other
than cellar space with structural headroom of seven feet, six inches
or more; interior balconies and mezzanines; enclosed porches, terraces
or other space which are attached to the principal structure on at
least one side; attic spaces (with or without a finished floor) providing
structural headroom of seven feet, six inches or more is available
over 50% of such attic space. However, the "floor area" shall not
include: cellar space, except that cellar space used for retailing;
elevator shafts, stairwells, bulkhead, accessory water tanks or cooling
towers; terraces; breezeways; uncovered steps; open space; and/or
accessory buildings.
The floor area in square feet of all buildings on a lot divided
by the gross area of such lot in square feet.
The assembling, mixing, treating, preserving and packaging
of food or beverage substances within an enclosed building for distribution
to other retail or wholesale establishments.
The management of forests and timberlands when practiced in accordance with accepted woodland management and conservation principles in accordance with the provisions specified under § 215-22 of this chapter. The following definitions shall specifically apply to "forestry."
FELLINGThe act of cutting a standing tree so it falls to the ground.
LANDINGA place or area where logs, pulpwood or firewood are assembled for transportation to processing facilities.
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
OPERATORAn individual, partnership, company, firm, association, or corporation which is engaged in timber harvesting or forestry operations, including the agents, subcontractors and employees thereof.
SKIDDINGDragging trees on the ground from the stump to the landing area by any means.
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, broken or uprooted vegetation, or similar items.
STANDAny area of the forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
TIMBER HARVESTING, TREE HARVESTING or LOGGINGThe process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
TOPThe upper portion of a tree that has little or no commercial resale value because of its small size, taper or defect.
Solid, liquid or gaseous materials that can be utilized to
produce heat or energy.
A building used for the preparation of the deceased for burial,
including the viewing of the deceased and any lawful rituals connected
therewith before burial or cremation.
A public or private area utilized for raising, protecting,
breeding and/or hunting wildlife within a natural environment.
An accessory building or a part of a principal building used
for the storage of motor vehicles owned and used by the landowners
or tenants of the premises for the storage of not more than three
motor vehicles.
A building, other than a private or storage garage, one or
more stories in height, used solely for commercial storage service
or repair of motor vehicles.
A building, not a private residential or a public garage,
one story in height, used solely for the storage of motor vehicles
used in conjunction with a business or industry, but not for the sale,
service or repair thereof nor for the sale of fuel, accessories or
supplies.
A public or private course with a minimum of nine holes and
a length of more than 2,000 yards.
The West Nantmeal Township Board of Supervisors, Chester
County, Pennsylvania.
Any activities, services or uses conducted by any agency
or department of local, county, state or federal government, which
are not related to municipal uses owned or operated by West Nantmeal
Township.
A reference plane representing the average finished ground
level adjoining the building at the exterior walls. Where the finished
ground levels slope away from the exterior walls, the referenced plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
An enclosed building that is specifically designed and utilized
to grow, raise, cultivate and/or sell plants, shrubs, flowers, trees
or similar products as part of a public, private or commercial use.
A residential facility used as a living quarters by a maximum
of five unrelated persons who require special training, care, supervision,
treatment and/or rehabilitation because of their age, disability,
conviction of crimes or physical addictions. This term does not include
family child day-care homes, group child day-care homes or child day-care
centers, foster homes, schools, hospitals, jails, or prisons. A group
home is specifically designed to create a single-family residential
setting and must be licensed by the Pennsylvania Department of Human
Services.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Department of Health (DOH) of the commonwealth
to grow and process medical marijuana.
[Added 7-10-2017 by Ord.
No. 2017-5]
A commercial recreation use that is typically contained within
a facility utilized for health, fitness and/or recreational activities.
All activities relating to an adult business use shall be prohibited
within a health and recreation club.
A building or group of buildings occupied by medical or licensed
practitioners for the purpose of providing health and related services
to people on an outpatient basis.
The vertical distance measured from the average elevation
of the ground or finished grade to the highest point of a structure,
other than a building (refer to "building height").
A defined area to accommodate all phases of operation of
rotor-wing aircraft or helicopters, with sufficient space for all
required safety controls and maneuvers in accordance with all state
and federal requirements, as well as to allow for the provision of
service facilities.
A defined area on a roof or on the ground to accommodate
touchdown and liftoff of rotor-wing aircraft or helicopters. All such
areas shall have sufficient space to accommodate all required safety
controls and maneuvers in accordance with all state and federal requirements,
but in no case shall such area provide service facilities.
Surface soils which are within three feet of the seasonal
high water table, as defined by the Soil Survey of Chester County.
A place of ingress/egress from or access to a street or highway
created by a driveway or another street or highway. Measurement between
them shall be from the center line of one such point to the center
line of another such point.
A special overlay district established to provide provisions for subdivision, land development, aesthetics, architectural appearance, landscaping, signs and streetscape design, as further specified in § 215-23 of this chapter.
A place, building, structure or site, whereas because of
its local, state or national significance, is considered as an historical
site or resource. All such historical resources and sites are identified
as follows: by the National Register of Historical Places; by the
Pennsylvania Historical and Museum Commission; and by the West Nantmeal
Township Comprehensive Plan.
A retail business establishment occupying a single permitted
retail use which sells a variety of home, construction, and building
products or supplies.
An accessory use which is customarily conducted within a
residential use or a structure accessory thereto, which is clearly
secondary and incidental to the residential use in which the practitioner
resides. The following categories of home occupation are hereby defined:
CATEGORY 1 HOME OCCUPATIONSA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the residential use 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 a residential use. A "Category 1 home occupation" shall be synonymous with "No-Impact Home-Based Business," as defined by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
CATEGORY 2 HOME OCCUPATIONSA business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the residential use, which may involve some employee(s), customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises, in excess of those normally associated with a residential use.
A facility utilized to educate riders on equestrian skills in accordance with the provisions specified under § 215-86 of this chapter.
A facility utilized to board horses within a humane environment in accordance with the provisions specified under § 215-87 of this chapter.
The cultivation of fruits, vegetables, flowers and ornamental
plants.
An institution, licensed in the Commonwealth of Pennsylvania,
which renders inpatient and outpatient medical care on a 24-hours-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 or medical
center can also include attached and detached accessory uses, provided
that all accessory uses are contained upon the hospital property.
A building or group of buildings containing individual rooms
for rental, primarily for transients, with common hallways for all
rooms on the same floor, and where no provision is made for cooking
in any individual room or suite. A "hotel" does not include incarceration,
institutional, religious or educational uses.
A soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part.
Hydric soils are identified within the Soil Survey of Chester County
and the West Nantmeal Township Comprehensive Plan.
The percentage of lot area covered by an impervious surface.
A surface which has been compacted or covered with a layer
of material so that it is resistant to infiltration by water. It includes
semipervious surfaces such as compacted clayey soils, as well as most
conventionally surfaced streets, roofs, sidewalks, parking lots, and
other similar surfaces. "Net increase of impervious surface" refers
to the difference between the existing impervious coverage and the
total impervious surface proposed.
A designated and secured area for the temporary storage of motor vehicles which have been transported to the facility for a period of time not to exceed 120 days, and as further regulated under the provisions of § 215-91 of this chapter.
The minimum distance an improvement must be set back from
a street right-of-way and/or property line.
Any type of structure, paved area and/or physical changes
to the land, including, but not limited to, grading, paving, stormwater
management facilities, sidewalks, street signs, traffic control devices,
monuments, utilities, water supply facilities and sewage disposal
facilities.
A use or facility designed to detain, confine, reform, educate,
treat and/or rehabilitate persons who have been required to be a resident
for a specified period of time by an authority with jurisdictional
control.
A facility designed to reduce municipal solid waste, fuel,
gas, refuse, or other material by combustion. This use may include
heat exchange equipment for energy recovery.
A use or activity that includes, but is not limited to, assembling,
manufacturing, distributing, processing, storing or warehousing of
products and materials, and similar industrial uses as determined
by the Zoning Officer.
A point of entrance to a property.
A vehicle which cannot be driven on public streets for reasons
including being unlicensed, unregistered, wrecked, abandoned, in a
state of disrepair, or incapable of being moved under its own power.
A use or activity that includes educational uses, religious
uses, assisted living care facilities, convalescent homes, nursing
homes, and other similar uses as determined by the Zoning Officer.
Discarded materials, including, but not limited to, waste,
paper, rags, glass, containers, fabric, and similar material from
vehicles, equipment or machinery.
A lot, land or structure, or parts thereof, used for the collection, storage, dismantling, salvage, sale, exchange and/or recycling of used and discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabric, debris, and similar material from vehicles, equipment or machinery. The deposit or storage of two or more unlicensed, non-inspected, abandoned, wrecked or disabled vehicles shall be deemed to be a "junkyard" or "salvage yard" which, as a result of being classified, such use shall conform with the provisions of § 215-91 of this chapter.
A site survey and review performed by the United States Army
Corps of Engineers to assess and officially determine whether or not
a defined parcel of land or water body is subject to wetlands regulations.
Any business or nonprofit establishment wherein 10 or more
customary household pets are kept for the purpose of grooming, breeding,
training, research, buying, boarding, sale, show or other similar
purpose where the owner of such business or nonprofit establishment
receives compensation or donations for the services that he or she
provides for the animals. Such term shall include, but not be limited
to, a boarding kennel, breeding kennel, nonprofit kennel and pet shop
kennel as those terms are defined in the Pennsylvania Dog Law, 3 P.S. § 459-101
et seq.
An enclosed and weatherproofed room consisting of a sink
with plumbing facilities, stationary stove/oven and a refrigerator
which complies with all codes adopted by West Nantmeal Township.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale. All such laboratories
shall be licensed by the appropriate local, county, state or federal
agencies to conduct lawful activities.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving: a group of two or more
residential or nonresidential buildings, whether proposed initially
or cumulatively, or a single nonresidential building on a lot or lots
regardless of the number of occupants or tenure; or the division or
allocation of land or space, whether initially or cumulatively, between
or among two or more existing or prospective occupants by means of,
or for the purpose of, streets, common areas, leaseholds, condominiums,
building groups or other features.
A subdivision of land.
Development in accordance with the provisions established by
West Nantmeal Township and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
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). An equitable owner
or lessee who has written authorization of the landowner of record
shall be deemed to be a landowner for the purpose of this chapter.
A landscape architect registered by the Commonwealth of Pennsylvania.
A retail facility where plants, vegetables, shrubs, trees,
seeds, soil, fertilizer, mulch, stone, masonry products, hardscape
products, wood products, water features, exterior lighting, fencing
tools, equipment, and other similar products are purchased by consumers
in order to enhance the exterior of a building or use.
A commercial use within a building intended for patrons to
have clothing or fabrics cleaned and dried in coin-operated machines.
Farm animals, including chickens, turkey, sheep, goats, hogs,
pigs, cattle, horses, and other similar farm animals which are common
to a farm.
A defined space located within a lot or parcel of land which
has accessibility to a public street, for temporary use of commercial
vehicles while loading or unloading merchandise and materials to the
principal use and building contained on the lot or parcel of land.
A designated parcel, tract, or area of land, established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, regardless of size or ownership, which is
occupied or capable of being occupied by buildings, structures and
accessory buildings, including such open spaces as are arranged, designed
or required. The term "lot" shall also mean parcel, plot, site or
any similar term.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage. The other yards shall be designated as side yards.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
REVERSE FRONTAGE LOTSLots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
FLAG LOT or KEYHOLE LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise land-locked interior parcel.
The total land area contained within the lot lines.
The total land area contained within the lot lines, excluding
the following land and water areas: 100% of all areas exclusively
contained within the existing and ultimate limits of street rights-of-way;
100% of all areas exclusively designated as an easement to accommodate
utilities and/or stormwater improvements; 100% of the lands designated
as the floodway; 100% of the land delineated as wetlands; and 100%
of lands classified as Category 2 slopes. Pursuant to the terms of
this definition, the following formula for calculating the net lot
area is hereby specified:
|
GLA100% of ROW - 100% of ESM - 100% of FLD - 100% of WET - 100% of C2S = NLA
| ||
|
GLA
|
=
|
Gross Lot Area
|
|
ROW
|
=
|
Total area exclusively within the limits of the existing, future
and ultimate street right-of-way
|
|
ESM
|
=
|
Total area exclusively designated as an easement for utilities
and/or stormwater improvements
|
|
FLD
|
=
|
Total area exclusively within the defined limits of the floodway.
|
|
WET
|
=
|
Total area exclusively delineated as wetlands.
|
|
C2S
|
=
|
Total area exclusively classified as Category 2 slopes.
|
|
NLA
|
=
|
Net Lot Area
|
The net lot area for all proposed lots shall be no smaller than
the required minimum lot size for the zoning district in which the
lot is located. The net lot area calculations shall utilize the order
or hierarchy of features specified by the formula, whereas land and
water areas shall not be calculated or classified in more than one
category. If required by West Nantmeal Township, special studies,
delineations and/or calculations shall be completed by the applicant
in order to accurately verify the limits of the natural features.
The percentage of the net lot area covered by all impervious
surfaces, as determined by the West Nantmeal Township Engineer or
Zoning Officer. Refer to the definition of "impervious surface" for
further clarification.
The mean average horizontal distance between the front and
the rear lot lines.
That portion of a lot which fronts on a single street.
The property line forming the front, rear or side boundary
of a lot.
FRONT LOT LINEThe line separating a lot from the street line. The front lot line is also the street line.
REAR LOT LINEThe lot line which is opposite the front lot line. The rear line of any triangularly or irregularly shaped lot shall be established such that it will be at least 10 feet long.
SIDE LOT LINEAny lot line other than a front or rear lot line.
A lot or parcel recorded in the Office of the Recorder of
Deeds of Chester County, Pennsylvania.
The width of a lot measured at the street line.
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The assembling, creating, cleaning, fabricating, processing,
testing, recycling, packaging, converting, distributing and/or repairing
of raw materials, with the use of labor and machinery, of products
that will be made available for sale. The term "manufacture" shall
not include retail sales, personal services, solid waste disposal,
truck distribution, mineral extraction, woodland extraction, forestry,
exportation of groundwater, warehousing, or similar uses determined
by the Zoning Officer.
A parcel or contiguous parcels of land, which has been so
developed and improved to contain two or more manufactured home lots
for sale, lease or rent.
A place of business where a person or persons engage in or
carry on any method of pressure on, friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
any part of the body with the hands or with the aid of any mechanical
or spa apparatus. This particular use shall only include licensed
physicians or members of the American Massage Therapist Association.
A deciduous tree with a diameter at breast height (DBH) greater
than or equal to 12 inches or a coniferous tree at least six feet
tall.
The average height of the sea for all stages of the tide,
utilizing the most current National Geodetic Vertical Datum.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A public or private facility utilized for the treatment,
rehabilitation and training of outpatients to regain, develop or enhance
their physical skills, condition or stamina, which have been lost
or impaired through injury or illness.
A public or private facility utilized for medical testing,
sampling or research in a controlled laboratory environment.
A building or group of buildings occupied by medical or licensed
practitioners for the purposes of providing medical, dental, psychological,
counseling, rehabilitation, physical therapy and health-care related
services to their clients on an outpatient basis.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[14]
[Added 7-10-2017 by Ord.
No. 2017-5]
The act or process of mining or extracting minerals by activities
conducted in accordance with the provisions of West Nantmeal Township
and the Commonwealth of Pennsylvania.
A solid homogeny aggregate or mass of mineral matter, whether
or not coherent. The term includes, but is not limited to, limestone,
dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore,
zinc ore, vermiculite, clay, anthracite and bituminous coal, coal
refuse, peat, crude oil and natural gas.
The multiple use of a single property for a planned group
of nonresidential uses, including retail operations, personal services,
business offices, banks, financial institutions, medical, dental,
vision, counseling, religious, restaurants, taverns, and similar planned
uses as determined by the Zoning Officer, where the uses are less
than a cumulative total of 30,000 square feet of gross floor area
and are owned and maintained by an individual, corporation, partnership
or organization.
A combination of uses within a building or group of buildings which includes a permitted commercial use occupying the first floor and no more than two residential apartment units occupying the second floor, as regulated under § 215-45 of this chapter.
A building or group of attached or detached buildings containing
individual living or sleeping units designed for temporary use by
tourists or transients, each of which is provided with an independent
exterior entrance and off-street parking space. The term "motel" includes
auto courts, motor courts, motor inns, motor lodges, roadside hotels,
or similar accommodations.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended and codified.
A use owned and maintained by West Nantmeal Township for
public recreation area, park, swimming pool, golf course, spectator
sports, municipal offices, emergency services operation, water and
sewage facilities, utilities, community centers, solid waste disposal
areas, recycling centers, composting facilities, road materials and
equipment storage and similar governmental or municipal uses.
West Nantmeal Township, Chester County, Pennsylvania.
A legal method of disposing of dead farm animals.
A lot which does not meet with the minimum lot width or area
dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter or is legally established through the granting of a variance
by the Zoning Hearing Board.
A structure, building or sign, or part thereof, which does
not meet the applicable provisions or requirements of the district
in which it is located, either at the time of enactment of this chapter
or as a result of subsequent amendments thereto, where such building
or structure lawfully existed prior to the enactment of such zoning
ordinance or amendment.
A building, structure, sign or use of land which does not
conform to the applicable regulations of the district in which it
is located, either at the time of the enactment of this chapter or
as a result of subsequent amendments thereto, but which did not violate
any applicable use regulations prior to the enactment of such zoning
ordinance or amendments.
A commercial retail use involving the raising and selling
of plants, shrubs, flowers, trees and other landscaping products.
Refer also to "landscaping and garden center."
A building or part thereof used for the lodging, boarding,
and nursing care on a twenty-four-hour basis involving four or more
persons who, because of mental or physical incapacity, may be unable
to provide for their own needs and safety without the assistance of
another person; provides facilities and services primarily for in-patients
who require nursing care and related medical services less intense
than those given in a general hospital or an extended-care facility.
Nursing homes are required to have a licensed registered nurse on
duty 24 hours a day.
Any wall, dam, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel, rectification, culvert, building,
structure, fence, stockpile, refuse, fill or other matter, which may
impede, retard or change the normal direction or path of air, water
or any modes of transportation.
The possession of any structure, building, land area or water
body, with the intent to remain for the purpose of residing, conducting
business, or performing social, recreational, cultural, educational,
municipal, governmental, institutional, religious, charitable, or
similar uses.
PERMANENT OCCUPANCYOccupancy for a period in excess of 180 consecutive days within one calendar year.
TEMPORARY OR SEASONAL OCCUPANCYOccupancy for a period less than 180 consecutive days within one calendar year.
A designated area within the lot lines designed to accommodate
trucks and commercial vehicles which require accessibility to the
principal use of the property.
A designated area within the lot lines designed to accommodate
automobiles and other motor vehicles which require accessibility to
the principal use of the property.
A use that primarily involves professional or nonprofit services
relating to, but not limited to, administrative, business, clerical,
financial, governmental, medical, municipal, political, religious,
or similar office uses, as determined by the Zoning Officer.
A legally adopted map that depicts the location of existing
and proposed streets, public utilities, public facilities and/or public
areas which may be adopted the by West Nantmeal Township Board of
Supervisors in accordance with the provisions of Article 4 of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10401
et seq.
The Zoning Map of West Nantmeal Township.[15]
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space shall
be permitted to be devoted to landscaping, preservation of natural
features, patios and recreational areas and facilities. This term
shall not be synonymous with the term "common open space," which is
defined within this chapter.
The West Nantmeal Township Zoning Ordinance of 2010 in this
chapter, or any provisions or amendments thereof, enacted by the Board
of Supervisors, including the Official Zoning Map.
The external storage of materials, products and accessory
components of a use, which conforms to the normal functions and procedures
conducted on that use in accordance with this chapter.
All sales conducted outside of a principal building. Commercial outdoor sales shall comply with the provisions specified under § 215-141 of this chapter.
The Commonwealth of Pennsylvania.
A parcel of land or lot of record, which was held by the
landowner or his predecessor in title prior to the adoption of this
chapter.
A tract of land, designed and utilized by the general public
for active and/or passive recreation purposes.
An off-street area designed solely for the parking of motor
vehicles, including driveways, passageways and maneuvering space appurtenant
thereto.
The external limits of the permitted or approved off-street
parking area.
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide, 20 feet deep, and having
an area of not less than 200 square feet exclusive of passageways
or other means of circulation or access.
An area or courtyard which is not covered by a roof or permanent
awning and is designed for seasonal outdoor living purposes, as an
accessory use to the principal structure or building.
The percentage of lot area covered by any and all impervious
materials, such as buildings, paved parking areas, paved walks, terraces
and similar surfaces, which do not normally absorb rainfall. Refer
to the definition of "impervious surface" for further clarification.
A document issued by the proper regulatory agency authorizing
the applicant to undertake certain activities as specified on the
application or permit.
BUILDING PERMITA permit issued for a specific building, structure or land use which indicates that the proposed construction, alteration, development, reconstruction, or similar activities are in accordance with the appropriate construction provisions established by West Nantmeal Township and authorizes an applicant to commence with the activities specified on the application or the provisions of the permit.
CERTIFICATE OF OCCUPANCYA statement issued and enforced by the authorized Zoning Officer and/or Building Code Official, whereas upon the completion, conversion, extension or modification of a new building or existing building, a certificate of compliance is issued and the building can be lawfully occupied for the intended use or activity.
DEMOLITION PERMITA permit to demolish, remove, destroy and/or eliminate a building or structure.
SEASONAL OR TEMPORARY PERMITA permit issued for a specific building, structure or land use which indicates that the seasonal, special use or temporary activities are in accordance with the appropriate provisions established by West Nantmeal Township and authorizes an applicant to commence with the seasonal or temporary activities for a defined period of time, not to exceed 180 cumulative days within a calendar year, or as specified on the permit.
SIGN PERMITA permit issued for a specific on-premises or off-premises sign.
SPECIAL PERMITA permit issued for specific use and event on land owned or leased by the applicant for a defined period of time, not to exceed 180 cumulative days within a calendar year and as specified on the permit. Such permitted uses may include carnivals, circuses, bazaars, fairs, seasonal sales or other nonprofit fund raisers.
A use permitted in a particular district to occupy or use
land for a specific purpose in accordance with this chapter when such
use is permitted by right, special exception or conditional use.
The term shall be construed to include an individual, partnership,
public or private association or corporation, limited liability company,
firm, trust, business trust, estate, foundation, municipality, governmental
entity, public utility, other association or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties.
Residences that provide shelter, meals, supervision and assistance
with personal care tasks which are typically intended for older people,
people with physical, behavioral health and/or cognitive disabilities.
Personal care homes shall be licensed and inspected by the Pennsylvania
Department of Human Services.
A building or portion of a building in which the services
of a person permitted to practice a specified profession are offered
to the general public. Examples of such professions may include, accountants,
agents, architects, barbers, beauticians, lawyers, planners, therapists,
optometrists, photographers, tailors, therapeutic massage, electronic
repair technicians, or other similar personal service establishments
as determined by the Zoning Officer.
Land areas occupied by buildings, churches, synagogues, retreat centers, monasteries, seminaries, convents, shrines, cemeteries, and other similar nonprofit facilities, as further defined under § 215-102 of this chapter, which are primarily used for religious or spiritual worship.
A proposal for development, subdivision or land development,
including all covenants, grants or easements and other conditions
relating to use, location and bulk of buildings, density of development,
common open space and public facilities which complies with the provisions
established by West Nantmeal Township.
The West Nantmeal Township Planning Commission, Chester County,
Pennsylvania.
An accessory building that is generally utilized for storage
that is typically built from treated poles that are anchored into
the ground with the metal or aluminum sides attached in accordance
with the specifications of the manufacturer. All such accessory buildings
are not intended for human habitation.
A roofed or unroofed structure attached and projecting from
the front, side or rear wall of a building which is typically opened
on three sides.
A building or group of buildings capable of accommodating individual compartmental storage units which are available to rent or lease to the public for the self-storage of tangible personal property in accordance with the provisions specified under § 215-112 of this chapter.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Prime agricultural soils or land areas as identified within
the West Nantmeal Township Comprehensive Plan.
A building in which a principal use on a lot is carried on.
The main or primary purpose for which any land, structure
or building is designed, arranged or intended, and for which they
may be occupied or maintained under the terms of this chapter. Unless
otherwise specified by this chapter, only one principal use shall
be permitted on a lot.
A commercial, industrial or institutional use where documents,
newspapers, magazines, books, literature, reference materials, periodicals,
manuals, maps, music, advertisements, signs and other materials are
proofed, evaluated, critiqued and reproduced.
An occupation practiced or performed by an individual who
has been formally educated or trained for such occupation and who
is typically, but not necessarily, licensed or certified in such occupation.
All such areas including: parks, playgrounds, trails, paths
and other recreational areas and other public areas; sites for schools,
sewage treatment, refuse disposal and other publicly owned or operated
facilities; and publicly owned or operated scenic and historic sites.
A formal meeting held pursuant to public notice by West Nantmeal
Township, which is intended to inform and obtain public comment prior
to taking action in accordance with this chapter and the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq.
A forum held pursuant to notice under the requirements of
this chapter, the Pennsylvania Municipalities Planning Code and the
"Pennsylvania Sunshine Law."[16]
Notice published once each week for two successive weeks
in a newspaper of general circulation within West Nantmeal Township.
Such notice shall state the time and place of the hearing and the
particular nature of the matter to be considered at the hearing. The
first publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing, or
as otherwise specified by the Pennsylvania Municipalities Planning
Code.[17]
Those activities or subordinate uses to a quarry operation
which may include a bituminous asphalt plant, concrete manufacturing
facility, concrete plant, concrete and asphalt recycling facility,
demolition/recycling facility, manufacturing facility and/or similar
quarry support uses that are intended to complement or support quarrying
or mining activities.
The removal or extraction of minerals, rock, natural resources,
or other products of earth, either on the surface or below the surface,
in accordance with the provisions of West Nantmeal Township and the
Commonwealth of Pennsylvania.
Land area containing recreational facilities which may require
visitors or participants to become involved in physical or energetic
functions, primarily group functions. Active recreation areas may
include, but are not limited to: athletic fields; basketball courts;
baseball fields; softball fields; football fields; soccer fields;
tennis courts; playgrounds; tot lots; community centers; golf courses;
hockey rinks; skateboard parks, swimming pools; and volleyball courts,
and other similar active recreation areas as determined by the Zoning
Officer.
Land area containing recreation facilities which may require
visitors or participants to become involved in quiet functions that
do not require physical or energetic functions. Passive recreation
areas may include, but are not limited to: open space: trails for
walking or bicycling; surface water for canoeing or fishing; land
preserve areas for hunting; pavilions; picnic areas; cultural centers;
scenic vistas; and amphitheaters.
Land, water, buildings, structures, apparatuses and/or equipment
which are required to accommodate recreational uses.
An active or passive recreational use designed to accommodate
physical, leisure, sporting or relaxation activities on land or water.
Recreational uses may include basketball, baseball, football, bicycling,
walking, jogging, running, golfing, fishing, boating, hunting, hockey,
skating, skateboarding, soccer, softball, swimming, tennis, volleyball,
racquetball, exercise/fitness, bowling, billiards, bird watching,
picnicking, equestrian events, rodeos, automobile racing events, demolition
derby events, motorcycle exhibitions, shooting ranges, or any other
similar recreational uses as determined by the Zoning Officer.
COMMERCIAL RECREATIONAL USEA use or activity operated as a business that is open to the public for the purpose of recreation and entertainment, including, but not limited to, bowling alleys, health or fitness clubs, swimming pools, miniature golf courses, family entertainment complex, recreation club, sports arena, community centers, museums, theaters, amusement arcades, and other similar commercial recreational uses as determined by the Zoning Officer.
NONCOMMERCIAL RECREATION USEA recreational use in which members of the community may congregate, where no fee or a nominal fee is paid in order to occupy or utilize the recreation facilities.
A vehicle of any size which is designed as a temporary dwelling
or living unit for travel, recreation and vacation uses. Recreation
vehicles may include motorized vehicles designed to be self-propelled
or nonmotorized vehicles designed to be towed or carried by another
vehicle, including campers, pickup coaches, travel trailers, all-terrain
vehicles, motorcycles, dirt bikes, snowmobiles, and similar vehicles.
A business that accumulates material such as paper, glass,
aluminum, plastic, stone, natural materials and/or building products
which are no longer useful for their original purpose. The materials
may be sold to another business as a raw material which can be used
to manufacture a new product.
Land areas occupied by buildings, churches, synagogues, retreat centers, monasteries, seminaries, convents, shrines, cemeteries, and other similar nonprofit facilities, as further defined under § 215-102 of this chapter, which are primarily used for religious or spiritual worship.
Equipment and devices utilized to store, convert, process
and/or transmit a natural source of energy (solar, wind, rain, surface
water, groundwater, geothermal and other similar sources) into a primary
or alternative energy supply source, which provides service to a permitted
use on an approved lot.
A commercial use in which machinery, equipment and goods,
but not motor vehicles, are rented to customers for temporary use
pursuant to a short-term rental contract, including the sale of machinery,
equipment and goods as an accessory use. For the purposes of this
definition, "machinery" means equipment which requires a motor to
operate; "equipment" means any nonmotorized device permanently attached
to and movable on wheels; and "goods" means any other rental items.
A defined area within a building or structure which is rented
or leased to accommodate residential or nonresidential uses, as permitted
by West Nantmeal Township.
A commercial, industrial or institutional facility utilized
for testing, sampling or research in a controlled laboratory environment.
A conservation zoning and development technique utilized to preserve open space, protect natural features, and encourage a form of cluster design involving low-density single-family detached dwellings within the R-2 Zoning District, as specified under § 215-34 of this chapter.
A conservation zoning and development technique utilized to integrate open space, protect natural features, and encourage a form of cluster design involving medium-density single-family dwellings and townhouse dwellings within the R-3 Zoning District, as specified under § 215-35 of this chapter.
A land preservation zoning and development technique utilized to preserve farmland, open space, natural features, and agricultural resources by encouraging a form of cluster design involving low-density single-family detached dwellings within the R-1 Zoning District, as further specified under § 215-29 of this chapter.
A use within a permitted dwelling unit designed and utilized
as the living quarters for one or more families living independently
of each other. Residential uses may be permitted within single-family
detached units, single-family semidetached units, two-family attached
units, mobile homes, apartment units, townhouse units, and secondary
housing units, provided the type of dwelling unit is a permitted use
within the zoning district to which it is located, and provided that
the dwelling unit is designed to comply with the standards and specifications
referenced by this chapter.
A commercial establishment devoted to the sale and consumption
of food and beverages to patrons within an enclosed building while
the patrons are seated at counters, booths, or tables. A restaurant
may contain an accessory area or use devoted to outdoor eating, retail
sales, social quarters, meeting rooms, bars, taverns, taprooms, and
similar uses, provided the cumulative total area of the accessory
use does not exceed 50% of the gross floor area of the restaurant.
A restaurant devoted to the sale of food and beverages to
patrons either within an enclosed building, at a pickup counter, through
a drive-through service lane, and/or through a delivery service.
A commercial establishment devoted to the sale of products
and services to patrons within an enclosed building. Retail uses may
include establishments selling food, groceries, beverages, clothing,
business or office supplies, entertainment items, furniture, home
improvement supplies, household products, personal care supplies,
building supplies, sporting goods, equipment, machines, computers,
electronics, pet supplies, medical supplies, agricultural supplies,
automobile supplies, firearms, and other similar retail uses as determined
by the Zoning Officer.
The width or area of land, which is dedicated or reserved
to accommodate streets, utilities, stormwater management facilities,
traffic control facilities, curbs, sidewalks, bicycle lanes, streetlights,
and other public improvements.
LEGAL RIGHT-OF-WAYThe existing width or area of land which is currently owned and maintained by West Nantmeal Township, the Commonwealth of Pennsylvania, and/or other public agency or authority.
ULTIMATE OR REQUIRED RIGHT-OF-WAYThe width or area of land which is determined necessary to reserve and/or dedicate in order to accommodate future public improvements.
A single-family dwelling containing not more than three guest
rooms or suites, including common cooking and sanitary facilities,
for compensation over a period of time exceeding one week.
The required plumbing fixtures within a permitted use, including
a sink, toilet, bathtub or shower, which are functioning and compliant
with the provisions of West Nantmeal Township.
A system designed to collect, convey, treat and dispose of
sewage from users in compliance with local, county, state and federal
regulations.
ON-LOT SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot.
COMMUNITY SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant, generally serving a neighborhood area.
PUBLIC OR MUNICIPAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land, which because of its wastewater disposal requirements may have the option to utilize on-lot sewage disposal methods or connect to a private, community, public or municipal treatment system. The selected method for wastewater collection, conveyance and treatment shall be consistent with the West Nantmeal Township Act 537 Plan; Chapter 149, Sewers and Sewer Disposal Systems, of the Code of West Nantmeal Township; and Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq.
A device incorporating a reflective solid surface in the
shape of a dish, cone or horn, which is used to transmit and/or receive
signals.
A building or group of buildings intended to provide or facilitate
an educational use, including preschools, nursery schools, kindergartens,
elementary schools, secondary schools, trade schools, vocational schools,
colleges and/or universities which are licensed and accredited as
an education facility. A farm-related school shall not constitute
a "school" as defined herein.
[Amended 4-13-2020 by Ord. No. 1-2020]
An assemblage of permissible materials which are strategically
arranged so as to effectively block or obstruct the views between
adjacent or adjoining properties from ground level to a height of
six feet above grade level, or as determined by the Zoning Officer.
An essential and unique wetland habitat, which is typically
small, shallow, ephemeral water bodies, and have no permanent inlet
or outlet. Seasonal pools are filled by rain and snow melt, which
typically dry up for a period of time during the summer season. They
are considered essential since they support a number of species that
require temporary wetland habitats for survival.
A building or group of buildings that are divided into individual
units, each of which unit is available for rent or lease to the public
for the self-storage of tangible personal property.
The setback requirements as established for any building
or structure within the applicable zoning district for which it is
located.
The West Nantmeal Township Sewage Facilities Plan, as adopted
by West Nantmeal Township in accordance with the Pennsylvania Sewage
Facilities Act (PA Act 537), 35 P.S. § 750.1 et seq., as
amended from time to time.
A deciduous tree which normally grows with a single trunk
and has a canopy which screens and filters sunshine during specific
seasons during the year.
A small utility or storage building which is not permanently affixed to the ground which is classified as an accessory structure to a principal use in accordance with the provisions of § 215-125 of this chapter.
[Amended 10-10-2011 by Ord. No. 114]
A seasonal or occasional sale conducted on the sidewalk or
outside of the front or side of the principal building or establishment,
where goods are offered for sale to the public.
Any structure, building, wall, or other outdoor surface, or
any device or part thereof which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or other representations
utilized for announcement, direction, identification or advertisement.
The word "sign" includes the word "billboard," but does not include
the flag, pennant or insignia of any nation, state, city or other
political unit, nor public traffic or directional signs. The following
definitions shall apply to this chapter:
ACCESSORY SIGNA subordinate sign located on the same property of the principal use which is erected to further describe the products or services available to the general public.
ANIMATED SIGNA sign or any device designed to attract attention by visual means through the movement or semblance of movement by mechanical, electrical or natural means.
BANNERA promotional sign for special community events, including educational, charitable, philanthropic, civic, cultural, municipal, fraternal, religious, or similar community events, as determined by the Zoning Officer, whereas the promotional sign or banner shall be considered as temporary for a period of time not to exceed 30 cumulative days in a calendar year. All such signs or banners shall be made of nylon, canvas, or similar all-weather material.
BILLBOARDAn off-premises sign erected by a professional sign company or by the outdoor advertising industry on which advertisement space is leased for a fixed period of time.
BUSINESS OR NONRESIDENTIAL SIGNAn on-premises sign designated for a permitted business or nonresidential use which identifies the printed name, type of business, commodity sold, services, trademark and/or symbol.
CANOPY SIGNA nonilluminated sign made of cloth, canvas, aluminum, metal, wood, or similar materials which is affixed to a building and projects outward, whereas the sign or message is painted on, printed, sewed, fastened or applied. All such signs may or may not be fixed or equipped with a mechanism for raising or holding the canopy or awning in a retracted position against the building.
CHARITABLE OR COMMUNITY SERVICE SIGNAn on-premises sign identifying the charitable or community service organization, including religious facilities, volunteer fire companies, or other nonprofit organization. All such signs may include supplemental information concerning hours, events, activities or messages.
DEVELOPMENT SIGNAn on-premises sign indicating that the property is actively in the process of subdivision or land development for residential or nonresidential uses.
DIRECTIONAL SIGNAn informational or functional on-premises sign, containing only information pertaining to direction, entrance, exit, off-street loading spaces, service areas, service lanes, fire lanes, handicapped parking spaces, and off-street parking areas. All such directional signs shall contain no advertisement messages.
DOUBLE-FACED SIGNA sign with two faces that are parallel, facing opposite directions, and matching in size and shape.
FLASHING SIGNA type of sign in which the illumination is not kept constant in intensity at all times of use, and which exhibits sudden, timed or marked changes in lighting effects. Unless otherwise permitted by this chapter, flashing signs shall be prohibited.
FREESTANDING SIGNAn on-premises sign displaying information pertaining to the use on the lot on which it is located, and is supported by, or suspended from a freestanding column or other support(s) located in or upon the ground surface.
GROUND SIGNAn on-premises sign displaying information pertaining to the use on the lot on which it is located, and is placed upon, supported by, and anchored to the ground. A ground sign shall not be considered as a freestanding sign or portable sign.
ILLUMINATED SIGNA sign designed to project or reflect artificial light from an internal or external source, which may be illuminated directly, indirectly or through transparent or translucent material. Illuminated signs may include billboards, freestanding signs, ground signs, or signs affixed to a building or structure.
MARQUEE SIGNAn on-premises sign attached to a building façade which may include changeable letters, messages or displays.
MUNICIPAL OR OFFICIAL SIGNA sign erected by West Nantmeal Township, Chester County, the Commonwealth of Pennsylvania, or other governmental organization.
OFF-PREMISES SIGNA permitted sign, which directs attention to a business, commodity, service, entertainment, institution, or other use, which is offered elsewhere other than upon the premises where the sign is located.
ON-PREMISES SIGNA permitted sign which directs attention to a business, commodity, service, entertainment, institution, or other permitted use which is offered on the same property or tract of land where the sign is located.
PORTABLE SIGNA temporary sign designed to be moved from place to place, which is not affixed or anchored to the ground, structure or building. Portable signs shall not be utilized or displayed for more than 48 cumulative hours over any 30 consecutive day period of time on the same property.
PROJECTING SIGNAn on-premises sign mounted upon a building so that its principal face is a right angle or perpendicular to the wall of the building. All such projecting signs shall extend at least one foot from the building but no more than six feet from the building.
REAL ESTATE SIGNAn on-premises sign pertaining to the sale or lease of the premises on which the sign is located.
ROOF SIGNAn on-premises sign which is erected or displayed upon the roof of a building or exceeds the height of the building. Roof signs shall be prohibited.
SIGN AREAThe area of a sign shall be construed to include all lettering, wording, border trim or framing, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be determined by calculating the smallest rectangle, which encompasses all of the letters and symbols used for the sign, regardless of the actual shape created by the letters and symbols.
SIGN HEIGHTThe height of the sign as measured at the location of the sign from the ground elevation to the highest and lowest parts of the sign.
SPECIAL EVENT OR SEASONAL SIGNA temporary sign that is anchored or mounted to the ground that displays periodical advertisement of specials during certain periods of time during the year.
SPECIAL USE OR TEMPORARY SIGNA permitted on-premises sign erected for a special use over a temporary period of time.
SPORTS FACILITIES BUSINESS SIGNA business sign, erected and maintained only for a nonprofit organization or entity organized to promote youth sports teams, advertising a business, service, product, or organization.
VEHICLE SIGNA sign affixed or painted on a vehicle, trailer or similar device.
WALL SIGN OR PARALLEL SIGNAn on-premises sign posted on, suspended from, or otherwise affixed to the wall, façade or vertical surface of a building which does not project or extend more than 12 inches from the wall, façade or vertical surface of the building to which it is attached.
WINDOW SIGNA temporary or permanent on-premises sign affixed to or visible through a window of a building.
A tall cylindrical structure that is typically located on
a farm for nonresidential uses.
The ownership of a lot by one or more persons, whereas the
ownership is separate and distinct from that of any adjoining land
areas.
Topographic conditions in which the percentage of vertical
to horizontal relief is computed utilizing standard rise over run
calculations.
The legal consultant or attorney appointed by the West Nantmeal
Township Board of Supervisors.
Waste, including solid, liquid, semisolid or contained gaseous
materials.
A site in which engineering principles are utilized to bury,
dispose, reduce, recycle, eliminate and/or incinerate deposits of
solid waste without creating public health or safety hazards, nuisances,
pollution or environmental degradation. All such facilities may include
sanitary landfills, solid waste landfills, low level radioactive waste
disposal facilities, resource recovery facilities, recycling centers
and/or transfer stations.
A use by which the Zoning Hearing Board may grant permission
to an applicant within a particular zoning district for the occupancy
or use of land or water for a specific purpose.
A building or structure in which horses, llamas, donkeys,
and other similar animals are kept for personal and lawful uses.
The Commonwealth of Pennsylvania and its designated agencies.
A conservation overlay of land, which has been defined by § 215-21 of this chapter.
Areas of land in which the topographical conditions exceed a certain slope in pre-development conditions, as further defined under § 215-21 of this chapter. The following slope categories are hereby defined as part of the Steep Slope Overlay District:
CATEGORY 1 SLOPESAll land areas in which the topographical conditions have a range of slope between 15% and 25% in slope in pre-development conditions, as measured 100 feet in any straight-line direction.
CATEGORY 2 SLOPESAll land areas in which the topographical conditions exceed a slope of 25% in pre-development conditions, as measured 100 feet in any straight-line direction.
A tall tapering architectural feature of a structure that
is located on the roof of or is part of the superstructure of a permitted
nonresidential use.
Drainage runoff from the surface of the land resulting from
precipitation in the form of rain, snow, sleet, hail or ice.
A program of controls and measures designed to regulate the
quantity and quality of stormwater runoff from a defined area or development,
while promoting the protection and conservation of surface water,
groundwater and groundwater recharge.
Those controls and measures, including, by not limited to,
berms, terraces, bridges, dams, storm sewers, basins, infiltration
systems, swales, watercourses, and floodplains, used to implement
the stormwater management regulations of West Nantmeal Township.[18]
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above,
including basements and mezzanines, and as further defined by the
appropriate building codes adopted by West Nantmeal Township.
A public or private right-of-way, excluding driveways, intended
as a means of vehicular and pedestrian travel, furnishing access to
abutting properties. The word "street" includes thoroughfare, avenue,
boulevard, court, drive, expressway, highway and similar terms. The
functional classification of existing streets has been defined as
follows:
EXPRESSWAYSRoutes providing for corridor movements that represent substantial statewide, interstate, or regional travel and movements between major urban areas. Expressways contain the most heavily traveled routes (10,000 to 100,000 trips per day) including multi-lane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (50 to 65 MPH) with a minimum of interference to through traffic. Expressways facilitate truck transport by providing optimum conditions. Mobility is the principal function and accessibility should be limited to carefully planned interchanges to preserve the functional classification of expressways.
ARTERIALS (MINOR AND MAJOR ARTERIAL)Routes providing for corridor movements that represent substantial statewide or regional travel and movements between major urban areas. Arterial routes contain heavily traveled routes (5,000 to 25,000) including multi-lane roadways. This system provides links between developed areas and adjacent towns and cities. The system is designed for relatively high speeds (35 to 55 MPH) with a minor interference to through traffic. Arterial routes facilitate truck transport by providing favorable conditions. Mobility is the major function and accessibility should be limited to preserve the functional classification.
COLLECTORS (MINOR AND MAJOR COLLECTOR)Routes that serve primarily regional or intra-county trips and represents those routes with shorter travel distances than arterial routes. Collector roads contain well-traveled roads (500 to 10,000 trips per day) leading to specific destinations or to expressways and arterial routes. The system is designed for moderate speeds (25 to 45 MPH) with some interference with designed intersections to permit through traffic. Depending upon its structural integrity and design, collector routes can facilitate lightweight truck transport. Mobility is a significant function and accessibility should be limited to street intersections and driveways in order to preserve the functional classification of collector roads.
MINOR STREETS OR LOCAL ACCESS STREETSRoads that primarily serve local trips and represent those routes with shorter travel distances than collector routes. Local roads contain low volume to moderately traveled roads (less than 500 trips per day) leading to collector and arterial routes. The system is designed for lower speeds (25 to 35 MPH) with interference with a number of designed intersections. Local roads are typically designed to facilitate lightweight truck transport for local deliveries. Mobility is a minor function and accessibility to street intersections, driveways and adjacent land areas is significant for local roads.
MARGINAL ACCESS ROADSRoads that serve specific land uses, which are parallel or adjacent to an expressway, arterial or major collector roads. Marginal access roads are typically designed to accommodate the use(s) they directly serve. Accessibility between selective points is an essential design element with control at the point of destination. Many marginal access roads are privately owned and maintained.
CUL-DE-SAC STREETA minor street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
INTERNAL STREETA minor street used for circulation and access within a development involving multi-residential, commercial and/or industrial land uses.
SERVICE STREET (ALLEY)A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.
PUBLIC STREETA dedicated right-of-way that is owned and maintained by West Nantmeal Township or the Commonwealth of Pennsylvania.
PRIVATE STREETA defined right-of-way that is not owned and maintained by West Nantmeal Township or the Commonwealth of Pennsylvania.
PEDESTRIAN PATHAn improved lane, sidewalk, trail or path, which is specifically designated for pedestrian use either along a street or contained within a park, common open space area, off-street parking area and/or other areas approved for community use.
BICYCLE LANEAn improved travel lane, trail or path which is specifically designated for persons riding bicycles and other permitted nonmotorized vehicles.
The lot dimension measured along the street line or right-of-way
line of any one street or highway abutting a lot.
The limits established by the legal right-of-way line.
Any man-made object having an ascertainable stationary location
on land or water, whether or not affixed to the land. The term "structure"
shall include, but not be limited to, buildings, stormwater management
facilities, signs, fences, walls, towers, swimming pools, porches,
garages, flagpoles, windmills, water towers, silos, solar energy collectors,
and similar structures as determined by the Zoning Officer.
PERMANENT STRUCTUREA structure to be utilized for a specific purpose for more than 180 days.
TEMPORARY STRUCTUREA structure to be utilized for a specific purpose for less than 180 days.
The division or re-division 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. 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.
The West Nantmeal Township Subdivision and Land Development Ordinance, as adopted by the West Nantmeal Township Board of Supervisors, Chapter 170, Subdivision and Land Development, of this Code.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its previous condition would equal
or exceed 50% of the market value before the damage occurred.
Any repair, addition, reconstruction, rehabilitation, addition
or other improvement of a building or structure, the cost of which
equals or exceeds 50% of the market value of the structure before
the improvement or repair is started.
A building covered by land on at least 50% of the combined
surface of its walls and roof.
The extraction of minerals, rock and other products of the
earth by activities conducted upon the surface of the land which require
the removal of the overburden, strata or material overlying, above
or between the minerals, rock and other products of the earth, or
by otherwise exposing and retrieving the minerals from the surface.
Mining activities carried out beneath the surface by means of shafts,
tunnels or other underground mine openings are not included in this
definition.
An individual registered with the Commonwealth of Pennsylvania,
as authorized to measure the boundaries of tracts of land, establish
locations, and perform the requirements of a survey.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep, including in-ground swimming
pools, aboveground swimming pools, on-ground swimming pools, hot tubs,
and similar structures which are further defined and regulated by
West Nantmeal Township.
An establishment where alcoholic beverages are served to
the general public as the primary portion of the trade in accordance
with local and state laws.
A hard-surfaced area of ground that is generally contiguous
to a dwelling and utilized for outdoor living.
A legal method of applying pressure on, friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
of any part of the body with the hands or with the aid of any mechanical
or spa apparatus.
Any structure intended for relaxation, physical therapy, bathing or wading containing over a depth exceeding 24 inches, as further regulated within § 215-143 of this chapter.
The temporary use and occupancy of a single-family detached
dwelling for the purpose of accommodating transient guests for rent.
West Nantmeal Township, Chester County, Pennsylvania.
The West Nantmeal Township Engineer appointed by the West
Nantmeal Township Board of Supervisors.
One or more lots assembled for the purposes of subdivision
or land development.
The temporary passing or crossing from one thing or person
to another, or from place to place, provided the passing or crossing
is temporary and not permanent.
A commercial service establishment to clean, service, repair
and maintain trucks, tractor trailers and other commercial vehicles.
The specific purpose for which land, water, signage, structures,
or buildings are designed, arranged or intended to be utilized, occupied
or maintained, or any activity, occupation, residence, business or
operation, which may be carried on thereon or therein.
PERMANENT USEA permitted use conducted on a lot for more than 180 days.
SEASONAL USEA permitted use conducted on a lot during certain defined segments of the year.
TEMPORARY USEA permitted use conducted on a lot for less than 180 days.
A service, facility, apparatus or use, which provides electric,
telephone, cable, sewer, water, natural gas, and similar utility services,
to customers within a defined service area, grid, neighborhood region,
or municipality.
COMMUNITY UTILITYA utility, which is owned, operated or maintained by a municipality, municipal authority, homeowners' association, or private agency for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area.
PRIVATE ENERGY AND UTILITYA utility which is owned, operated and/or maintained by a private or independent utility company for the purposes of providing energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
PUBLIC UTILITYA utility, which is owned, operated or maintained by a public utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area in accordance with the provisions established by the Public Utility Commission and the Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
Relief granted by the Zoning Hearing Board from the terms
and conditions of this chapter where literal enforcement would create
unnecessary hardship and when granting of the relief would not be
contrary to the public interest.
Any motor vehicle utilized for any lawful use, which is properly
licensed and inspected in accordance with all local, state and federal
laws.
A professional use operated by a doctor of veterinary medicine
used for the diagnosis, care and treatment of domesticated animals,
including dogs, cats, reptiles and birds, which may include the provision
for a medical laboratory and overnight boarding accommodations.
A building or group of buildings primarily utilized for storage,
transfer, loading and unloading of certain products or commodities,
but shall not include retail uses or trucking establishment, unless
such use is specifically permitted in that district.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term "waste" shall also include and apply to waste that
may be considered as either hazardous, contaminated, toxic, residual,
municipal or recyclable, as further defined by the Commonwealth of
Pennsylvania, the United States Environmental Protection Agency, and/or
other agency having jurisdiction.
A system designed to transmit water from the source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
ON-LOT WATER SUPPLY SYSTEMA water supply system, which transmits water from a source on the lot to one dwelling, principal use or lot.
COMMUNITY WATER SUPPLY SYSTEMA water supply system, which transmits from a common source to more than one dwelling, principal use and/or lot within a single neighborhood. All such community water supply systems shall be designed to provide adequate pressure, distribution and storage for fire protection.
PUBLIC OR MUNICIPAL WATER SUPPLY SYSTEMA system of water collection, storage, transmission and delivery, which are to service a community, but not confined to a neighborhood. All such public or municipal water supply systems shall be designed to provide adequate pressure, distribution and storage for fire protection.
OPTIONAL SYSTEM REQUIREMENTA special or unique use of land, which because of its water supply requirements may have the option to utilize on-lot water supply methods or connect to a private, community, public or municipal water supply system. The selected method for water supply shall be consistent with the provisions of West Nantmeal Township and the Commonwealth of Pennsylvania.
A structure owned and operated by a company, which is regulated
by the Pennsylvania Public Utility Commission, which is utilized to
store water.
A permanent or intermittent stream or other body of water,
whether natural or man-made, which gathers or carries surface water.
Land area that drains to a common water body. As used within this chapter, refers to the land areas draining to the 21 regionally recognized named streams illustrated within Chapter 158, Stormwater Management and Erosion and Sediment Control, of this Code.
Land areas that are inundated or saturated by surface water
or groundwater with a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions (wetlands
generally include swamps, marshes, bogs, and similar areas); or areas
that are defined and delineated in accordance with the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands, dated January
10, 1989, and as may be amended from time to time; or as further defined
and delineated by the United States Army Corps of Engineers, the United
States Environmental Protection Agency, or the Pennsylvania Department
of Environmental Protection.
A conservation overlay of land and water which include areas of wetlands, hydric soils and high-water table soils with hydric components, as further defined and regulated under § 215-20 of this chapter.
A commercial or industrial use involving the sale of merchandise
in large quantities or transactions of commodities to retailers, contractors,
businesses, and their agents, but are not generally sold to the general
public.
The clear-cutting of healthy mature trees (12 inches or more
in caliper) to provide area for development on an individual lot.
A conservation overlay of woodlands and forested areas which includes separate provisions for the following activities: woodland extraction and replacement; forestry, timber harvesting, tree harvesting and logging; tree protection and replacement; and other activities, which are further defined and regulated under § 215-22 of this chapter.
An area of land in which one or more contiguous acres are
mostly occupied or covered by healthy mature trees (12 inches in caliper).
The area of the woodlands shall be measured from the dripline of the
outer trees.
An open space on the same lot with a structure(s) which lies
between the structure(s) and a lot line and which is unoccupied and
unobstructed from the ground upward except as herein permitted.
FRONT YARDA yard extending the full width of the lot between the principal building and the front lot line. On lots abutting more than one public street other than an alley, the front yard requirement shall apply for every public street the lot abuts.
REAR YARDA yard extending the full width of the lot between the principal building and the rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between the principal building and the nearest side lot line.
An occasional and temporary use contained on a residential
lot, wherein the occupants display and offer personal possessions
for sale. This term includes "garage sale," "moving sale," and similar
terms and activities.
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
height, area, bulk and use of buildings; yard requirements; and in
some states density of population. Zoning is effected by local ordinance
under the police power of the state granted by specific legislation
generally termed an "enabling act."
The West Nantmeal Township Zoning Hearing Board, as established
and appointed by the Board of Supervisors to hear matters in accordance
with this chapter.
The West Nantmeal Township Zoning Map.[19]
The agent or official designated by the governing body to
administer and enforce this chapter, as appointed by the West Nantmeal
Township Board of Supervisors.
The West Nantmeal Township Zoning Ordinance of 2010, as adopted
by the West Nantmeal Township Board of Supervisors, as may be amended
from time to time.
[1]
Editor's Note: See 18 Pa.C.S.A. § 5903, Obscene
and other sexual materials and performances.
[2]
Editor's Note: See 18 Pa.C.S.A. § 5903, Obscene
and other sexual materials and performances.
[3]
Editor's Note: See 18 Pa.C.S.A. § 5903, Obscene
and other sexual materials and performances.
[4]
Editor's Note: See the Agricultural Area Security Law, 3 P.S.
§ 901 et seq.
[5]
Editor's Note: See the Right to Farm Law, 3 P.S. § 951
et seq.
[6]
Editor's Note: See now the Nutrient Management and Odor Management
Act, 3 Pa.C.S.A. § 501 et seq.
[7]
Editor's Note: See 3 Pa.C.S.A. §§ 311 through 318.
[8]
Editor's Note: See the Agricultural Area Security Law, 3 P.S.
§ 901 et seq.
[9]
Editor's Note: See the Right to Farm Law, 3 P.S. § 951
et seq.
[10]
Editor's Note: See now the Nutrient Management and Odor Management
Act, 3 Pa.C.S.A. § 501 et seq.
[11]
Editor's Note: See 3 Pa.C.S.A. §§ 311 through 318.
[12]
Editor's Note: The Uniform Condominium Act, July 2, 1980,
P.L. 286, No. 82, 68 Pa.C.S.A. § 3101 et seq., repeals the Unit
Property Act, July 3, 1963, P.L. 196, 68 P.S. § 700.101
et seq.
[13]
Editor's Note: Former definition of "flood hazard overlay
district," which immediately followed this definition, was repealed
7-10-2017 by Ord. No. 2017-4.
[14]
Editor's Note: See the Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[15]
Editor's Note: A copy of the Zoning Map is included as an
attachment to this chapter.
[16]
Editor's Note: See the Municipalities Planning Code at 53
P.S. § 10101 et seq. and the Sunshine Act at 65 Pa.C.S.A.
§ 701 et seq.
[17]
Editor's Note: See 53 P.S. § 10101 et seq.
[18]
Editor's Note: See Ch. 158, Stormwater Management and Erosion and Sediment Control, of this Code.
[19]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
