Township of Newberry, PA General Provisions

Unless otherwise stated, words in the present tense shall include the future tense.

Unless stated otherwise, words used in the singular tense imply the plural and words used in the plural tense include the singular.

The word "shall" or "must" means it is mandatory; the word "may" or "should" is discretionary.

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

The word "structure" includes "building"; both terms shall be construed as if followed by the phrase "or part thereof."

The words "such as," "includes," "including" and "specifically" shall provide examples. These examples shall not, by themselves, limit a provision to the examples specifically mentioned if other examples would otherwise comply with the provision.

Unless stated otherwise the male gender is neutral and includes the female gender.

The word "person" includes a firm, company, corporation, partnership, trust, organization or association, as well as an individual.

(9)

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

(10)

The term "Board" shall refer to the Zoning Hearing Board.

(11)

If a word or term is not defined by this chapter, but is defined in Chapter 344, Subdivision and Land Development, (the "SALDO"), then the SALDO definition shall apply. If a word or term is not defined in this chapter or the SALDO, then the word or term shall have its plain and ordinary meaning within the context of the section. A standard reference dictionary should be consulted.

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

ABUT

Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street or a waterway. See definition of "adjacent."[1]

ACCESS DRIVE

A private improved surface other than a street or driveway designed and constructed to provide for vehicular movement from a street to a parking area, garage, dwelling, building or other structure within a lot or property containing any use other than one single-family dwelling unit or farm. For purposes of this chapter, access drives shall be required for all commercial, institutional, industrial, multifamily, and all other uses not served by a driveway as defined in this chapter.

ACT

The latest version of the Pennsylvania Municipalities Planning Code (MPC), as amended.[2]

ADJACENT

Two or more lots that share a common lot line or that are separated only by a street or waterway from each other. See definition of "abut."

ADULT-RELATED USES

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

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

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

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

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

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

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

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

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

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania[3] for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

AGRICULTURAL SUPPORT BUSINESSES

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(14)

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

(15)

ADULT VIDEO STOREA commercial use which has 50% or more of its stock-in-trade consisting of videotapes, video discs, or both, which are distinguished or characterized by an emphasis, depiction, or description of specified sexual activities or specified anatomical areas.

(16)

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

AGENT

Any person other than the developer who, acting for the developer, submits a plan for development, including but not limited to subdivision and/or land development, zoning permit, certificate of use and occupancy, special exception, and variance, to the Township for the purpose of obtaining approval(s) thereof.

AGRICULTURAL OPERATION

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.

Commercial uses such as occupations and services directed at meeting the needs of those engaged in local farming. Activities are typically directed at providing materials and services needed to farm, rather than the distribution of goods produced on the farm. Farm-related businesses shall include but not be limited to blacksmith shops, butcher shops, composting and other farm waste storage facilities, feed supply, fuel and fertilizer distributors, grain mills, processing of locally produced agricultural products, and sales and/or repair of agricultural equipment.

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including but not limited to the keeping or raising of livestock, such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals, excluding concentrated animal operations (CAOs) and concentrated animal feeding operations (CAFOs). This definition also includes noncommercial greenhouses, as well as the processing and accessory retail sale of goods produced on the farm.

AIRPORT/HELIPORT

A principal commercial use where aircraft are stored, maintained, repaired and refueled, and where aircraft take off and land. Airports may also include other accessory accommodations for aircraft passenger, cargo or both. For purposes of this definition, an airport shall be available for use by the general public and may include more than 15 total landings and takeoffs in any seven-day period.

AIRSTRIP/HELIPAD

A private principal or accessory use adapted with minimal improvements for use as a temporary runway for aircraft where aircraft take off and land. For purposes of this definition, an airstrip or helipad shall not be generally available for use by the general public and may include not more than 15 total landings and takeoffs in any seven-day period.

AISLES

The traveled way by which cars enter and depart parking spaces.

ALLEY

A strip of land over which there is a public or private right-of-way intended to serve as secondary vehicular access to the side and/or rear of those properties whose frontage is on a street. An alley is not a street and is not intended for general traffic circulation.

ALLUVIAL SOILS

A soil developing from recently deposited alluvium and exhibiting essentially no horizon development or modifications of the recently deposited material.

ALLUVIUM

A general term for all detrital material deposited or in transit by streams, including gravel, sand, silt, clay and all variations and mixtures of these. Unless otherwise noted, alluvium is unconsolidated.

ALTERATIONS

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

ALTERATIONS, STRUCTURAL

Any change in the supporting members of a building or structure, such as bearing walls, column, beams or girders.

AMENDMENT

A change in use in a zoning district that includes revisions to the zoning text or the Official Zoning Map. The authority for any amendment lies solely with the Newberry Township Board of Supervisors.

AMUSEMENT ARCADE

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

ANIMAL EQUIVALENT UNIT (AEU)

One thousand pounds of live weight of livestock or poultry regardless of the number of individual animals or birds comprising the unit.

ANIMAL FEEDING OPERATION (AFO)

An operation that confines animals for at least 45 days in a twelve-month period with grass or other vegetation in the confinement area during the normal growing season.

ANIMAL HOSPITALS

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

APARTMENT

An individual dwelling unit within a multifamily dwelling structure or building.

APARTMENT CONVERSION

A principal residential use designed through the creation of three or more living units by conversion of an existing building.

APPLICANT

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

APPLICATION FOR DEVELOPMENT

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

ATTIC

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

AUTHORITY

-A body politic and corporate created pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."[4]

AUTOMOBILE AUCTIONS

A primary business where automobiles are stored, readied, and displayed for wholesale sales. Such uses generally only conduct actual sales on one or several designated days of the week.

AUTOMOBILE FUELING STATION

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

AUTOMOBILE PARKING COMPOUND

A primary business where privately owned passenger vehicles may be stored for short-term, daily, or overnight periods.

AUTOMOBILE PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided, subject to the requirements listed in § 380-47 of this chapter.

AUTOMOBILE REPAIR/SERVICE

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

AUTOMOBILE SALES

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

AUTOMOBILE STORAGE COMPOUND

A use, either primary or accessory, where passenger vehicles with valid current registrations and inspections are stored for periods exceeding a daily basis. Automobile storage shall not involve retail, nor wholesale, sales or display areas.

AUTOMOBILE WASHING (CARWASH)

A principal or accessory commercial use whereby structures equipped with apparatuses for the washing, waxing, vacuuming, or any combination thereof, of vehicles are provided.

BANK

See "financial institution."[5]

BED-AND-BREAKFAST INN

An accessory use to a single-family detached dwelling, where not more than five rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests, employees and residents of the dwelling.

BERM

A landscaped mound of earth or the act of pushing earth into a mound to shield, screen and buffer two separate, incompatible land uses. Berms may be used to provide visual interest, decrease noise and control the direction of water flow.

BILLBOARD

A sign upon which images and/or messages of any kind are printed, posted, or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed, or to disseminate other messages.

BOARD

The Zoning Hearing Board of Newberry Township.

BOARDINGHOUSE

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

BUFFER

An area within a property or site generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to limit continuously the view, sound and/or light from the site to adjacent sites or properties.

BUILDING

Any structure, either temporary or permanent, having walls and a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes stated above. For the purposes of this chapter, the word "building" shall include gas or liquid storage tanks.

ATTACHED BUILDINGA building which is connected to another by two or more party walls in common, except for end units which are considered semidetached. For purposes of this definition, attached buildings shall each have one front yard and one rear yard, and two party walls in common with, and attached to, two other buildings, except for end units which are considered semidetached.

DETACHED BUILDINGA building which is completely surrounded by permanent open space. For purposes of this definition, detached buildings shall have two side yards, one front yard and one rear yard.

CERTIFICATE OF USE AND OCCUPANCY

SEMIDETACHED BUILDINGA building which is connected to another building by only one party wall in common. For purposes of this definition, semidetached buildings shall each have one side yard, one front yard, one rear yard, and one party wall in common with, and attached to another building.

BUILDING AREA

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

BUILDING HEIGHT

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

BUILDING SETBACK LINE

A line within a property and parallel to a property line or street right-of-way line which delineates the required minimum distance between any permitted structure or building and that property line or street right-of-way line.

BUILDING, ACCESSORY

A detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, which is located on the same lot as that occupied by the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.

BUILDING, PRINCIPAL

A building which is enclosed within exterior walls or fire walls, which is built, erected, and framed of component structural parts, which is designed for housing, shelter, enclosure, and support of individuals, or property of any kind, and which is a main structure on a given lot.

BUSINESS PARK

A campus-like development containing a number of separate business and office buildings, supporting uses and open space designed, planned, constructed, and managed on an integrated and coordinated basis to ensure compatibility for circulation, parking, utility needs and aesthetics.

CAFE

An exterior seating area associated with a restaurant or tavern, which is under constant supervision by an employee of the business.

CALIPER

The diameter of a tree trunk, measured in inches, six inches above ground level for trees up to four inches in diameter and 12 inches above ground level for trees over four inches in diameter.

CAMPGROUND

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

CAMPSITES

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

CARPORT

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

CARTWAY

The surface of a street, road, or alley available for vehicular traffic, but not including shoulders, curbs, sidewalks or swales.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area, nor as a story of permissible building height.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoriums, which shall be considered as funeral homes.

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

CHANNEL

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

CLEAR SIGHT TRIANGLE

A triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

CO-LOCATION

The act of placing two or more antennas on one communication tower or other structure.

COMMERCIAL KEEPING AND HANDLING

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

COMMERCIAL RECREATION USES

Any commercial use whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity:

INDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, miniature golf courses, skating rink, swimming pool, tennis courts, theaters, etc., when operated within a completely enclosed building. For purposes of this chapter, this use excludes a health and fitness club and indoor shooting range.

COMMUNICATION EQUIPMENT BUILDING

OUTDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business, open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure-time activities, public recreation or entertainment, such as a swimming pool, tennis court, batting and pitching cages, go-carts and skating rinks, but also includes amusement rides or regular live entertainment. For purposes of this chapter, this use excludes a park, golf course and an outdoor shooting range.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizens band radio antennas.

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.

COMMUNITY ACTIVITY BUILDING

A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency.

COMPREHENSIVE PLAN

The plan, or parts thereof, which have been adopted by the Board of Supervisors, which constitutes a policy guide to decisions about the physical and social development of the Township.

CONDITIONAL USE

A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 380-84 of this chapter.

CONDOMINIUM

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

CONSERVANCY LOT

A large, privately owned lot comprising part of an area of open land. The purpose of the conservancy lot is to provide surrounding residents with visual access to open space and greenway land, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with standard for greenway land. Public access to conservancy lots is not required.

CONSERVATION PLAN

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

CONVENIENCE STORE

A commercial use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant. Convenience stores may also provide for any or all of the following as an accessory use:

The rental of video tapes, provided that an adult-related facility is specifically prohibited.

The preparation and sales of delicatessen sandwiches and foods, which may include interior patron seating limited to not more than 15% of the gross floor area of the principal structure.

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

COUNTY PLANNING COMMISSION

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

COUNTY

The County of York, Commonwealth of Pennsylvania.

The York County Planning Commission and its professional staff.

DAY CARE

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

ACCESSORY DAY CAREA day-care facility that is operated as an accessory use to a dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day.

COMMERCIAL DAY CAREA day-care facility that offers care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, churches, industries, residential complex, etc.). However, in no case shall a commercial day care be considered an accessory use to one dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Human Services of the Commonwealth of Pennsylvania. All commercial day-care centers must obtain a valid certificate of compliance from the Department of Human Services of the Commonwealth of Pennsylvania prior to operation.

FAMILY DAY CAREA day-care facility that is operated as an accessory use to a dwelling unit, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered by the Department of Human Services of the Commonwealth of Pennsylvania.

DENSITY

A term used to express the allowable number of dwelling units per net acre of land, exclusive of public rights-of-way and private streets.

DESIGNATED GROWTH AREA

Region within a county or counties described in a municipal or multimunicipal plan that preferably includes and surrounds a city, borough or village and within which residential and mixed-use development is permitted or planned for at densities of one unit to the acre or more, commercial, industrial and institutional uses are permitted or planned for and public infrastructure services are provided or planned. For purposes of this definition, the designated growth area within Newberry Township, zoning districts, uses and other regulations are further specified in Article II of this chapter.

DEVELOPMENT

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

DEVELOPMENTAL DISABILITY

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

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

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

DEVELOPMENTALLY DISABLED PERSON

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

A person with a developmental disability.

DISTRIBUTION

A process whereby materials, goods, or products are imported, stored by one person and then delivered to another.

DOMESTIC PETS

The noncommercial keeping of no more than four adult nonfarm animals (livestock) that are locally available for purchase as pets, as an accessory use to a dwelling unit, on lots of up to one acre. Lots containing more than one acre would be permitted up to six pets. Domestic pets shall not include farm animals, horses, or any animal or bird for which a permit is required under the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the regulations of the Pennsylvania Game Commission.

DRIVEWAY

A private improved surface designed and constructed to provide vehicular movement from a street to a parking area, garage, dwelling, building or structure within a lot or property containing one single-family dwelling unit or a farm except as provided in § 344-33D(8)(f) of Chapter 344, Subdivision and Land Development, of this Code, pertaining to joint use driveways.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, motels, boardinghouses, rooming and lodging houses, institutional houses, tourists courts, and the like offering overnight accommodations for guests or patients. In addition, all dwellings shall be properly connected to approved and permanently designed public or on-lot sewer, public or on-lot water, electrical and other utility systems.

DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

MULTIFAMILY DWELLINGA detached building, or a group of attached or semidetached buildings containing three or more dwelling units for housing three or more families or housekeeping units.

SINGLE-FAMILY ATTACHED DWELLINGAn attached building containing one dwelling unit for housing one family or housekeeping unit. For purposes of this definition, row houses and townhouses are considered single-family attached dwellings.

SINGLE-FAMILY DETACHED DWELLINGA detached building containing one dwelling unit for housing one family or housekeeping unit. For purposes of this chapter, "recreational vehicles," as defined herein, shall not be construed as dwellings.

SINGLE-FAMILY SEMIDETACHED DWELLINGA semidetached building containing one dwelling unit for housing one family or housekeeping unit.

FLOOR AREA, GROSS LEASABLE

TWO-FAMILY DWELLINGA detached building containing not more than two dwelling units for housing not more than two families or housekeeping units.

EARTH-MOVING ACTIVITY

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

EASEMENT

A right-of-way granted for limited use of private land for a public or quasi-public or private purpose, and within which the owner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.

ECHO HOUSING

An accessory residential use which involves an additional dwelling unit placed on a property for occupancy by either an elderly, handicapped, or disabled person related by blood, marriage, or adoption to the occupants of the principal dwelling.

ELECTRONIC NOTICE

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

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

EMERGENCY SERVICES

A public use owned and/or operated by an independent fire department or company and/or emergency medical service or ambulance provider for related activities. Accessory club rooms, club grounds and meeting halls may be included if they are permitted uses in that zoning district. This use may include accessory housing for emergency service or fire personnel while on-call.

ESSENTIAL SERVICES

The erection, construction, alteration, or maintenance of public utilities or municipal or other governmental agencies or private corporations under contract to a municipality of gas, electrical, telephone, steam or water transmission or distribution system, and sewage disposal systems, including buildings, enclosures, wells, pumping stations, poles, wires, mains, drains, sewers, pipes, conduits, cables, and accessories and services, fire alarm boxes, police equipment and accessories and services in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other agencies or private corporations under contract to a municipality, excluding firehouses or fire companies and emergency services and/or ambulances under agreement with the municipality or for the public health or safety or general welfare, as well as excluding wireless telecommunications facilities.

FAMILY

An individual or individuals related by blood, marriage, or adoption (including persons receiving foster care) that maintain one common household and live within one dwelling unit. Additionally, up to three unrelated individuals who maintain a common household and live within one dwelling unit may be considered a family. Finally, a family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein.

FARM

Any parcel of land with at least 10 acres which is used for a principal agricultural use, including one single-family detached dwelling and other necessary farm structures, and the use, repair, maintenance, and storage of equipment associated with the principal agricultural use.

FARM OCCUPATION

An accessory use to the active farm in which residents engage in a secondary, supplemental occupation.

FEEDLOT

An agricultural use whereby livestock which are in transport are temporarily fed and/or watered.

FENCE

A freestanding and artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FILL

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

FINANCIAL INSTITUTION

A commercial use including a bank, savings and loan association, credit union, finance or loan company, etc.

FLEA MARKET

A commercial use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display or merchandise.[6]

FLOOR AREA, GROSS

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

The sum of the floor area of the several floors of a building designed for the conduct of business and occupancy by an owner or tenant, as measured to the center of the interior joint walls and exterior of outside walls. For purposes of this definition, "gross leasable floor area" shall not include public or common areas such as utility rooms, stairwells, hallways or corridors, etc.

FLOOR AREA, HABITABLE

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

FORESTRY

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

FRONTAGE

The linear measurement taken along a property's common boundaries with adjoining street rights-of-way, other than a limited-access highway.

FUNERAL HOME

A commercial use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, nor entombments, but do include mortuaries and crematoria.

GARAGE, PRIVATE

An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises.

GOLF COURSE

A tract of land for playing golf, improved with tees, greens, fairways and hazards, and which may include clubhouses and shelters. Golf courses must have a minimum of 2,800 yards of play in nine holes.

GREENHOUSE

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

GROUND COVER

A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.

GROUP HOME

A single-family detached dwelling operated with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons, those under treatment for alcohol abuse, drug abuse, or both, unwed parents, and those who have been physically abused. Group homes shall be subject to same limitations and regulation by the Township as a single-family dwellings, and are permitted by right in those zones where single-family detached dwellings are permitted by right.

HAZARDOUS MATERIAL

A substance or combination of substances that, because of the quantity, concentration, physical, chemical or infectious characteristics, if not properly treated, stored, transported, used, or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into groundwater resources and the subsurface environment which includes the soil and all subsequent materials defined as hazardous waste hereinbelow. Such hazardous substances include substances under PA DEP regulations.

HAZARDOUS WASTE

Any substance defined as a hazardous waste under the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., the Pennsylvania Municipal Waste Planning, Recycling, and Waste Reduction Act, 53 P.S. § 4000.101 et seq., the Pennsylvania Hazardous Sites Cleanup Act, 35 P.S. § 6020.101 et seq., the Clean Streams Law, 35 P.S. § 691.1 et seq., the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., and the regulations of the PA DEP and the United States Department of Environmental Protection.

HAZARDOUS WASTE FACILITY

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

HEALTH AND FITNESS CLUB

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

HEAVY EQUIPMENT

Vehicles, machinery or other devices that are not normally used for domestic purposes upon a residential dwelling lot. Examples include, but are not limited to, commercial trucks and trailers, farm equipment, excavation equipment, industrial machinery, etc.

HEIGHT, BUILDING

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

HEIGHT, STRUCTURE

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

HOME OCCUPATION

A business or commercial activity other than a no-impact home occupation that is conducted as an accessory use to and within a principal single-family detached dwelling.

HORTICULTURE

The growing of fruits, vegetables, flowers, or ornamental plants.

HOSPITAL

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

HOTEL

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

IMPERVIOUS MATERIAL

Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved driveways and parking areas, swimming pools and other nonporous structures or materials.

IMPERVIOUS SURFACE

A surface that prevents the infiltration of water into the ground. "Impervious surface" includes, but is not limited to, any building, building roof, paved parking or driveway areas and any paved streets and concrete sidewalks, concrete features and areas designed to initially be gravel or crushed stone.

IMPORTANT NATURAL HABITAT

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

Wetlands as defined herein.

Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania threatened or Pennsylvania endangered.

(c)

PNDI-confirmed extant plant and animal species and communities that have a state rank of S1 or S2.

INTENSIVE FARMING OPERATION

See also "conservation subdivision."

INDUSTRIAL USE

Any enterprise in which goods are generally mass-produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. This term includes, but is not limited to, those involving manufacturing; processing; packaging; printing, publishing and binding; production; testing of materials, goods and products; conversion and assembly; industrial laundries; repair of large appliances and equipment; and machine shops, and welding shops.

Agricultural uses that involve, but are not necessarily limited to, one or more of the following conditions:

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An operation meeting the definition of both a concentrated animal operation (CAO) and animal feeding operation (AFO) which is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit in accordance with the Clean Water Act.[7]

CONCENTRATED ANIMAL OPERATION (CAO)Any animal feeding operation, which is required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Act.[8]

OTHERAny agricultural operation, whether involving animal, animal product, or vegetable production, which occurs within an enclosed structure exceeding 10,000 square feet.

INTERIOR DRIVE

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

JUNK

Used materials, discarded materials, or both, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, which are being stored awaiting potential reuse or ultimate disposal.

JUNKYARD

An industrial use, with or without buildings, used for the storage outside of a completely enclosed building of used or discarded materials, including, but not limited to, paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other uses or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard.

For the purposes of this definition, a "disabled vehicle" is:

A vehicle intended to be self-propelled that shall not be operable under its own power for any reason; or

Where inspection and/or registration is required, a vehicle that does not have a valid current registration plate or that has a certification of inspection which is more than 60 days beyond the expiration date.

Notwithstanding the foregoing, the storage of disabled farm vehicles or pieces of farm equipment on a lot shall not be considered a junkyard if:

The lots are currently being used for agriculture.

The vehicle or equipment is owned by the landowner or the operator of the farm.

(c)

The vehicle or equipment was used on the lots in connection with the agricultural operation before such vehicle or equipment became disabled.

KENNEL

A commercial use or accessory use to a principal single-family detached dwelling, for the sheltering, boarding, breeding or training of more than six dogs, cats, fowl or other small domestic animals, as defined herein, at least six months of age and kept for purposes of profit, but not to include livestock, animals and fowl raised for agricultural purposes. A kennel operation may include accessory uses such as animal grooming.

KNOLL

A small round hill.

LANDOWNER

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

LANDSCAPE PLAN

A component of a development plan, where required, on which is shown proposed landscape species (such as number, spacing, size at time of planting and planting details); proposals for protection of existing vegetation during and after construction; proposed treatment of hard and soft surfaces; proposed decorative features; grade changes; buffers and screening devices; etc.

LANDSCAPE STRIP

An area which contains required landscaping and separates the developed portions of the site from adjoining roads and/or properties.

LAUNDROMAT

A facility where patrons wash, dry, or dry-clean clothing or other fabrics in machines operated by the patron.

LIVESTOCK

Large animals, including, but not necessarily limited to, the following: horses, ponies, donkeys, mules, cattle, sheep, goats or swine but also includes poultry. Livestock shall not be considered domestic pets.

LOADING BERTH/SPACE

An off-street area on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LOADING SPACE

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

LOT

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.

CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards (abutting the street), one side, and one rear yard.

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

INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.

MANURE STORAGE FACILITIES

THROUGH LOT or REVERSE FRONTAGE LOTAn interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The area contained within the property lines of an individual lot excluding any area within any public rights-of-way and any drainage easement, but including the area of any other easement.

LOT COVERAGE

A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).

LOT DEPTH

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

LOT FRONTAGE

The linear horizontal measurement taken along a property's common boundaries with adjoining street rights-of-way, other than a limited-access highway, along which lot access is prohibited. Except as may be modified in §§ 380-33 and 380-34 of this chapter, and not applicable for to single-family attached dwellings, new lots containing all other type uses must have minimum of 50 feet of lot frontage.

LOT LINES

The lines bounding a lot as defined herein.

LOT OF RECORD

A lot that has been recorded in the office of the Recorder of Deeds of York County, Pennsylvania.

LOT WIDTH

The continuous linear horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite property line. Unless otherwise noted, minimum lot width requirements shall be measured at the building setback line and the street line.

LUMEN

As used in the context of this chapter, the light-output rating of a lamp (light bulb).

MAILED NOTICE

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

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

MANUFACTURE

A function involving either the processing, conversion or production of materials, goods or products.

MANURE

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

A detached structure or other improvement built to store manure for future use or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.[9]

MEAN SEA LEVEL

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

MEDICAL OR DENTAL CLINICAL FACILITY

A commercial use of land and/or buildings for examination, diagnosis, and treatment of ill or afflicted human outpatients, including office, laboratory and dispensaries for the use of physicians, dentists, technicians and pharmacists.

MINERAL EXTRACTION OR RECOVERY OPERATION

The searching for or removal of rock, soil or mineral from the earth by excavating, stripping, mining, leveling, or any other process, but exclusive of excavations or grading involved in the construction of a building. Also includes any processing operations in connection with the above activities.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MINI WAREHOUSE/SELF-STORAGE FACILITY

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

MOBILE HOME

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

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MOTEL

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

MUNICIPAL USE

Any use owned or operated by Newberry Township or a municipal authority created by Newberry Township.

NATURE PRESERVES and WILDLIFE SANCTUARIES

An area maintained in a natural state for the preservation of both animal and plant life.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of this chapter.

NIGHTCLUB

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

NO-IMPACT HOME OCCUPATION

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

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

NONCOMMERCIAL KEEPING OF LIVESTOCK

The business may not involve any illegal activities.

An accessory use to a principal single-family detached dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.

NONCONFORMING LOT

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

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

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

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standards specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

NURSERY

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

NURSING, REST OR RETIREMENT HOMES

Institutional uses designed for the full-time care, housing, boarding, and dining of human beings being provided with some level of nursing care.

OBSTRUCTION

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

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

OPEN SPACE and GREENWAY LAND

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

OFFICE

A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail sales nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.

ON-SITE SEWER SERVICE

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

ON-SITE WATER SERVICE

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

OPEN HOUSE

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

OPEN SPACE

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

That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land may be accessible to the residents of the development and/or the municipality, or it may contain areas of conservancy lots which are not accessible to the public.

OUTDOOR SHOOTING RANGE

A commercial use outside of a completely enclosed building where firearms and other projectile-type weapon (e.g., guns, rifles, shotguns, pistols, air guns, archery, crossbows, etc.) can be shot for recreation competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

OUTPARCEL

A parcel of land or lot which is generally located within or on the perimeter of a planned shopping center or other unified commercial development available for separate lease or sale that is subordinate to the larger parcel for access, parking and drainage purposes. Such lots may not be required to have direct access upon a public street. Off-street parking and loading requirements for the use located on the outparcel lot may be waived.

OWNER

The owner of record of a parcel of land.

PA DEP

Pennsylvania Department of Environmental Protection.

PA PUC

Pennsylvania Public Utility Commission.

PARK

A use of land, which may include accessory buildings and structures, for active and/or passive outdoor recreation for the purpose of pleasure, leisure, fellowship or exercise, commonly involving a sporting activity, camping, hiking, jogging, bicycling, swimming, picnicking and other related activities, which is open to the public. A park may include amenities such as ball field, tennis courts, trails, playground equipment, restrooms, picnic tables, cooking grills and similar facilities. For purposes of this chapter, parks shall not include improvements for or permit uses considered commercial recreational uses.

PARKING SPACE

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

PennDOT

Pennsylvania Department of Transportation.

PERIMETER PARKING LOT LANDSCAPING

Landscape located around the outside perimeter of a parking lot, except along the street frontage. Perimeter landscaping includes the area provided in the setback required between the parking spaces and the building.

PICNIC AREA

A place equipped with tables, benches, grills and trash receptacles for people to assemble, cook, eat and relax outdoors.

PLACE OF WORSHIP

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

PLANNING COMMISSION

The Planning Commission of Newberry Township.

PREMISES

The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incidental to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.

The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

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

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

(c)

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

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture/Natural Resource and Conservation Services York County Soil Survey.

PRIVATE CLUB

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

PROCESS

A function which involves only the cleaning, sorting, sizing, packaging, or any combination thereof, of products.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under 65 Pa.C.S.A. Chapter 7 (relating to open meetings).

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC SEWER

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

PUBLIC USE

A use owned, operated or controlled by a government, government agency or government authority (federal, state, or county) for valid public health, public safety, recycling collection or similar governmental purpose and which is not owned by Newberry Township or an authority created by Newberry Township. See "municipal use."

PUBLIC WATER

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

RACETRACK/SPEEDWAY

The utilization of any parcel of property within the Township for the purposes of conducting, operating or supervising what is commonly called drag-strip racing, hot-rod racing, automobile racing, motor driven go-cart or quarter midget racing, motorcycle racing, motorbikes, minibikes, trail bikes, motor scooters and all-terrain vehicles or any other manner of motorized vehicle or conveyance, for racing or timing contests.

RAVINE

A valley with sharply sloping walls created by the action of stream waters.

RECREATION, ACTIVE

Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites, pools, courts, tracks, playgrounds or fields.

RECREATION, PASSIVE

Activities that involve relatively inactive or less energetic activities such as walking, sitting, picnicking, card games, chess, checkers and similar table games.

RECREATIONAL VEHICLE

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. For purposes of campgrounds, the term shall include a vehicle which is:

Built on a single chassis.

Not more than 400 square feet, measured at the largest horizontal projections.

Designed to be self-propelled or permanently towable by a light-duty truck.

Not designed for uses as a permanent dwelling but as temporary living quarters for recreational, camping, travel and seasonal use.[10]

RENTAL

A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.

REPAIR

A function involved in correcting deficiencies of products that affect their performance, appearance, or both.

RESTAURANT

A commercial use that primarily prepares food, confections, or beverages served to the customer on nondisposable tableware, but can provide incidental carryout service so long as the area used for carryout services does not exceed 10% of the total patron seating area or 200 square feet (whichever is less). A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary portion of the total trade, the requirements of a tavern or nightclub as applicable must be met.

RESTAURANT, DRIVE-IN

A commercial use that primarily prepares food, confections, or beverages served to the customer in a ready-to-consume state, and whose method of operation includes a drive-up window so that foods or beverages are served directly to motorist customers or by means which eliminate the need for the customer to exit the motor vehicle.

RESTAURANT, FAST-FOOD

A commercial use that primarily prepares food, confections, or beverages served to the customer in a ready-to-consume state, and whose method of operation is such that customers normally order the product at a central location separate from the tables or counters used for consumption.

RETAIL

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses as defined herein.

RIDING STABLE

An agricultural use where horses are boarded and cared for and/or where instruction in riding, jumping, and showing is offered and where horses may be hired for riding.

RIGHT-OF-WAY

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

RURAL OCCUPATION

An accessory use to a principal single-family detached dwelling in which the owners engage in an occupation contained within an accessory building.

RURAL RESOURCE AREA

An area described in a municipal or multimunicipal plan within which rural resource uses, including, but not limited to, agriculture, timbering, mining, quarrying and other extractive industries, forest and game lands and recreation and tourism are encouraged and enhanced, development that is compatible with or supportive of such uses is permitted, and public infrastructure services are not provided except in villages. For purposes of this definition, the rural resource area within Newberry Township, zoning districts, uses and other regulations are further specified in Article III of this chapter.

SATELLITE DISH ANTENNA

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

SAWMILL OPERATION

An industrial use consisting of a building, structure, or area where timber is cut, sawed or planed, either to finished lumber or as an intermediary step, and may include facilities for the kiln drying of lumber and may include the distribution of such products on a wholesale or retail basis. The processing of timber may be from the property on which it is located, from adjoining property or from other properties removed from the sawmill.

SCHOOL

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

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

PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary, postgraduate, or any combination thereof, education that may or may not be operated as a gainful business.

PUBLIC SCHOOLA school licensed by the Commonwealth of Pennsylvania for the purpose of providing, elementary, secondary, and/or adult education and operated by the West Shore and/or Northeastern School District(s).

VOCATIONAL/MECHANICAL TRADE SCHOOLA school that may or may not be operated as a gainful business that principally offers training in any of the following occupations: truck driving, engine repairs, building construction and general contracting, woodworking, masonry, plumbing, electrical contracting and other similar-type uses.

SCREENING

The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.

A device or materials used to conceal one element of a development from other elements or from adjacent or contiguous development.

Screening may include one or a combination of the following materials of sufficient mass to be opaque or that shall become opaque after 12 months and which shall be maintained in an opaque condition: walls, berms or plantings.

SETBACK

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

FRONT SETBACKThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."

REAR SETBACKThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

SIDE SETBACKThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."

SETBACK LINE

See "building setback line."

SHOPPING CENTER

A commercial use in which one store, or a planned center of stores or stores and offices, containing more than 40,000 square feet of gross floor area, designed for the site on which it is built, functioning as a unit, with off-street parking, which may include shared off-street parking provisions provided on the property as an integral part of the unit, and which may include one or more separate lots as outparcels that are developed on the site as an integral part of the development.

SIGN

A device for visual communication that is used to bring the subject to the attention of the public. A sign shall not include flags or other insignia of any government or fraternal organization.

CENTER SIGNA business sign that provides identification at the entrance to a center such as a shopping center, planned commercial center, office complex, or industrial park.

FLAT WALL SIGNA sign that is displayed, mounted, or both, upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than 12 inches from said wall.

FREESTANDING SIGNA sign erected upon a permanently affixed, independent structure (legs or base).

HOME OCCUPATION SIGNA sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.

OUTPARCEL SIGNA sign affixed to a freestanding unit of occupancy contained within a planned commercial center.

PERMANENT SIGNA sign that is expected to be continuously displayed during the presence of a principal land use.

PORTABLE SIGNA sign that is intended to easily be moved and not permanently affixed to a structure or the ground.

SINGLE AND SEPARATE OWNERSHIP

TEMPORARY SIGNA sign that is only permitted for specified periods of time, associated with some temporary event or work conducted on the site.

(9)

UNDERCANOPY SIGNA sign that identifies one leasable unit within a shopping center and is hung from an overhead canopy of the shopping center or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided.

(10)

WALL PROJECTING SIGNA sign that is mounted to a building wall such that its principal display area is not parallel to the building wall. A wall projecting sign can also be attached to a marquee.

The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot.

SOIL SURVEY

The latest published version of the United States Department of Agriculture's Soil Survey for York County, Pennsylvania.

SOLID WASTE

Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials, resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrements or hazardous waste materials as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,[11] and 25 Pa. Code Chapter 273, as amended, supplemented or revised.

SOLID WASTE DISPOSAL AND/OR PROCESSING FACILITY

A property or facility, licensed and approved by the Pennsylvania Department of Environmental Protection, for the disposal or storage of solid waste material, including garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials, resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrements or hazardous waste materials as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,[12] and 25 Pa. Code Chapter 273, as amended, supplemented or revised. The term "solid waste processing facility" includes any appurtenance that supports the operation of the facility, including haul roads, structures or stormwater management facilities.

SPECIAL EXCEPTION

The granting that the right to use land is generally compatible with the particular zoning district once specified criteria have been met, as authorized by the Zoning Hearing Board under the terms, procedures and conditions prescribed herein.

SPECIFIED ANATOMICAL AREAS

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

SPECIFIED SEXUAL ACTIVITIES

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

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

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

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

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

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

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

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

STORAGE

A function involving the depositing of materials, goods, products, or combination thereof, for safekeeping.

STOREFRONT

The wall of a building which faces a front yard and has the primary means of pedestrian access.

STORY

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story having 75% or more of its wall area above grade level. A half story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.

STREAM

A watercourse with definite bed and banks which confine and convey continuously or intermittently flowing water.

STREAM, INTERMITTENT

A natural stream carrying water during the wet seasons and having at least one critical area feature.

STREAM, PERENNIAL

A stream that is present at all seasons of the year.

STREET

A public or private way, excluding driveways, access drives and alleys, which affords the means of access to abutting properties, intended to be used by vehicular traffic or pedestrians. Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and accepted public right-of-way or private right-of-way. Streets are further classified as follows:

ARTERIALA street or road used primarily for through traffic that maximizes mobility over land access through infrequent driveway intersections. This type of roadway typically connects urban centers with outlying communities and employment or shopping centers, and generally all other roads identified in the Newberry Township Comprehensive Plan as arterial streets.

COLLECTORA street or road used primarily for moving traffic from minor or local streets to the major system of arterial streets and/or linking those streets to community wide activity centers, including, but not limited to, the large residential developments, commercial and industrial areas, smaller rural settlements as well as all roadways identified in the Newberry Township Comprehensive Plan as collector streets.

CUL-DE-SACA street with a single common ingress and egress with a turnaround at the end. A cul-de-sac street shall be designed as a minor or local street.

STREET LINE or RIGHT-OF-WAY LINE

MINOR or LOCALA street or road used primarily for immediate access to adjoining land uses and is generally separated from through traffic. These roads are generally intended for transportation within a particular neighborhood, serving internally developed areas, while in outlying rural areas, local or minor roads tend to run for great distances and serve more individual properties. Local or minor roads also connect with roadways identified in the Newberry Township Comprehensive Plan as local or minor streets or one of the higher classifications of roadways.

STREET CENTER LINE

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

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line, or the ultimate right-of-way line as required in Chapter 344, Subdivision and Land Development, of this Code.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, but excluding patios, driveways, access drives, walkways and parking areas or other at-grade structures. All structures must meet setback requirements. (See "building.")

ACCESSORY STRUCTUREA structure closely incidental or subordinate to the principal use of a building or land on the same lot and serving a purpose customarily incidental to the use of the principal building or land use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).

PRINCIPAL STRUCTUREThe structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.

SWIMMING POOL, HOUSEHOLD OR PRIVATE

Structures shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes, and any other similar nonpermanent improvements.

SUBSTANTIAL IMPROVEMENT

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

A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.

SWIMMING POOL, NONHOUSEHOLD

A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "household swimming pool."

TAVERN

A commercial use which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food.

TESTING

A function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material.

THEATER

A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater.

TOWNSHIP

Newberry Township, York County, Pennsylvania, Board of Supervisors, its agents, or authorized representatives.

TWO-FAMILY CONVERSION

A principal residential use designed through the creation of not more than two dwelling units for housing not more than two families or housekeeping units by conversion of an existing single-family detached building.

USE

The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include, but are not limited to, the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.

ACCESSORY USEA use closely incidental or subordinate to the principal use of a building or land on the same lot and serving a purpose customarily incidental to the use of the principal building or land use.

WIND ENERGY CONVERSION SYSTEM (WECS)

PRINCIPAL USEA dominant use(s) or main use on a lot, as opposed to an accessory use.

VARIANCE

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

VETERINARIAN'S OFFICE

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

WAREHOUSE

An industrial use of building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or heavy equipment washing, servicing and/or repair, unless such uses are specifically permitted in that zoning district.

WATERCOURSE

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

WATERSHED

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

WECS UNIT

Includes blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

WETLAND

Area with the characteristics of a wetland, as defined by the United States Environmental Protection Agency, United States Army Corps of Engineers, PA DEP, and the United States Department of Agriculture/Natural Resources Conservation Service. Wetland areas are not limited to the locations delineated on the wetland maps prepared by the United States Fish and Wildlife Service.

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WILDLIFE HABITAT

Land set aside for animal habitation.

WILDLIFE PRESERVE

An area restricted for the protection and preservation of natural resources and wildlife.

WILDLIFE PROPAGATION

Raising of nondomestic wildlife.

Any device which converts wind energy to mechanical or electrical energy.

WINDOW

An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

WOODLAND, MATURE

Woodlands consisting of 30% or more canopy trees having a twelve-inch or greater caliper, or any small concentration of trees consisting of eight or more trees having a sixteen-inch or greater caliper.

WOODLAND, YOUNG

Woodlands consisting of 70% or more canopy trees having a two-and-one-half-inch caliper or greater.

WOODLANDS

Areas covered with stands of trees, the majority of which are greater than twelve-inch caliper, covering an area greater than 1/4 acre or a small concentration of mature trees without regard to minimum area consisting of substantial numbers of individual specimens.

YARD

An area between the permitted structures and the property lines.

FRONT YARDThe area contained between the street right-of-way line and the principal structure. For flag lots, the front yard shall be that area between the principal structure and that property line which is most parallel to the street that provides access and is not part of the flagpole.

REAR YARDThe area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard.