Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meaning and
usage indicated as follows:
A.
If the zoning ordinance explicitly says that a word or phrase has
a specific meaning to be used in a specified part of the zoning ordinance,
then the word or phrase has that specific meaning throughout the specified
part regardless of capitalization.
B.
The present tense includes the future. The singular includes the
plural and plural the singular. The masculine gender includes the
feminine.
C.
The words "person," "party," and "entity" are interchangeable and
include any individual, partnership, association, organization, limited
liability company, corporation, firm, trust, estate, municipality,
governmental unit, public utility, or any other legal entity.
D.
The words "shall" or "must" indicate a mandatory requirement. The
word "may" is optional.
E.
The word "used" includes the words "designed," "arranged," and "intended
to be used."
F.
The word "built" includes the words "erected," "constructed," or
"altered."
G.
The word "including" is not limited to the specified example, but
is intended to extend its meaning to all other instances of similar
kind and character.
H.
The word "Township" means Thornbury Township, Chester County, Pennsylvania.
I.
The terms "Board of Supervisors" or "Supervisors" mean Thornbury
Township Board of Supervisors.
J.
The term "Planning Commission" means the Thornbury Township Planning Commission, as established under the provisions of the Pennsylvania Municipalities Planning Code and as described in Chapter 46, Planning Commission.
K.
The term "Zoning Hearing Board" means Thornbury Township Zoning Hearing
Board.
L.
The word "herein" shall refer to the regulations of the full chapter.
M.
The word "chapter" shall refer to Thornbury Township Zoning Ordinance,
as amended, unless otherwise specified.
N.
When terms, phrases or words are not defined, they shall have their
ordinarily accepted meaning or such as the context may imply.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning:
An intentional and absolute relinquishment and cessation
of a use with no intention to resume such use.
A building or structure that is not a principal building
or structure and which is used for purposes that are entirely incidental
and subordinate to those of the principal building or structure and
located on the same lot. Structures including, but not limited to,
tennis courts, barns, swimming pools, sheds, carports and garages
shall be considered as accessory structures.
See "Pennsylvania Municipalities Planning Code (MPC)."
Any use meeting the definition for this term in Title 68, Chapter 55 of the Pennsylvania Consolidated Statutes, as amended. An adult-oriented establishment shall be considered a distinct use, not be considered retail sales, theater, entertainment, personal service or any other use, and only be allowed where specifically stated in this chapter.
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
by farmers or are consistent with technological development within
the agricultural industry.
Activities conducted on an agricultural operation that are
offered to the public or invited groups for the primary purpose of
providing entertainment and/or recreation experiences. Examples of
these activities include, but are not limited to: agricultural seasonal
fairs/festivals; children's activities; corn and crop mazes;
petting zoos; haunted activities; company picnics; weddings; and other
activities that combine an agricultural setting with entertaining
or recreational activities, including agritourism activities. Agritainment
shall only be permitted as an accessory use customarily associated
with an agriculture use and incidental to it.
An accessory use customarily associated with an agriculture
use and incidental to it, located on the same parcel as the principal
agriculture use or an adjacent parcel owned by the same person(s)
or a member(s) of their immediate family (spouse, sibling, child,
grandchild, parent, grandparent), including those owned, in whole
or in part, by entities (corporations, LLCs, partnerships) controlled
by the operator of the agricultural operation and the immediate family
members thereof, including associated off-street parking areas on
those properties.
Any change to any portion of a building or structure for
the same or a different use.
A landowner or developer, as herein defined, who has filed
an application for development, including their heirs, successors
and assigns.
Professionals and/or tradespersons that are essential to
and chiefly practiced in connection with the production of commercial
goods by a manual worker or craftsperson such a jewelry, metalwork,
cabinetry, stained glass, textiles, ceramics, or hand-made food products.
Artisan trades do not include any activity that causes noise, odor,
or vibration to be detectable on a neighboring property.
A building used for the shelter of livestock, the storage
of agricultural products produced or consumed on the premises, or
the storage and maintenance of farm equipment and agricultural supplies
used for the agricultural operations on the premises.
The land area contained within the boundaries of a tract, exclusive of the areas of such permanent easements as are associated with provision of public or private utilities, land within the right-of-way of existing or planned roads or roads that may be required by Chapter 115, Subdivision and Land Development.
Any area of the building having its floor below ground level
on all sides.
An owner-occupied or tenant/manager-occupied building designed, used and occupied as a single-family residence having, as an accessory use therein, public lodging rooms and facilities for and serving food and drink prepared within the building to transient guests which meets the requirements of § 155-1603.
An earthen embankment which serves purposes such as: retaining/detaining
the flow of surface water runoff, preventing soil erosion, or supporting
plant materials to aid in screening.
A freestanding commercial structure, erected, operated, and
maintained for the purpose of advertising or conveying communications.
A tract of land bounded by streets, public parks, railroad
rights-of-way, and/or corporate boundary lines of the Township.
An area designated to functionally and/or to visually separate
conflicting land uses.
A strip of required yard space adjacent to the boundary of
a property or district, which is landscaped for the full width and
on which is placed a screen of sufficient density not to be seen through
and of sufficient height to constitute an effective screen and give
maximum protection and immediate visual screening to an abutting property
or district.
That area of a lot within all required setback lines and
not lying within a floodplain or other protected lands.
A combination of materials to form a permanent structure
having walls and a roof.
DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open on all sides.
SEMIDETACHEDA building having one shared or party wall in common with an adjoining building.
ATTACHEDA building in a group of more than two buildings wherein there are two or more party walls in common with the adjoining buildings.
The aggregate of the maximum horizontal cross-sectional areas
of all buildings and structures on a lot above the ground level measured
at the greatest outside dimensions, excluding cornices, eaves, gutters,
chimneys and steps, provided that they do not project more than two
feet from the building.
The most current version of the UCC building code adopted
by Thornbury Township.
The ratio of the total ground floor area of all buildings
on a lot to the total area of the lot on which they are located.
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The vertical distance from the average grade (the average
of the grades taken at ten-foot intervals around the building perimeter)
to the top of the highest roof beams of a flat roof or to the mean
level of a sloped roof, provided that chimneys and spires shall not
be included in measuring the height. Elevator, stair and equipment
penthouses, tanks and air-conditioning towers shall not be included.
The height shall be measured from finished grade, but such measurement
shall not be made from a point higher than eight feet above original
grade.
A line parallel to the street right-of-way at a distance
therefrom equal to the depth of the front yard setback required for
the district in which the lot is located, except in the case of an
interior lot not fronting on the street or highway for its full width,
in which case the building line shall be a line parallel to the highway
or street at a distance from the property line nearest the highway
or street equal to the depth of the front yard required for the district
in which the lot is located.
The permit to be issued by the Code Enforcement Officer when
all the requirements of the zoning, sanitation and other relevant
ordinances are met.
The main building on a lot or any building that is not an
accessory building. Each dwelling or apartment house and each commercial,
industrial or institutional building which houses a separate commercial,
industrial or other enterprise or a group of permitted commercial
or industrial uses shall be construed to be a principal building.
A term used to describe the size of buildings or other structures
and their relationship to each other, to open areas such as yards
and or lot lines and includes: the size, height and floor area of
a building or other structure; the relation of the number of dwelling
units in a residential building to the area of the lot (density);
and all open areas in yard space relating to buildings and other structures
in accordance with the area and bulk requirements and other applicable
requirements of this chapter.
The diameter of a tree trunk measured six inches above the
ground for trees up to and including four-inch diameter and measured
12 inches above the ground for trees larger than four-inch diameter.
The paved surface of a street available for vehicular traffic.
Land used or intended to be used for the burial of bodies
or cremated remains thereof, including columbariums and mortuaries
when operated in conjunction with and within the boundary of such
cemetery.
A certificate authorized by the Board of Supervisors to allow
for the discontinuance, not abandonment, of a nonconforming use for
an extended period of time and resuming the nonconforming use at a
later date.
An area of unobstructed vision at street intersections defined
by lines of sight between points at given distances from the intersection
of street center lines in accordance with the Multimodal Circulation
Handbook for Chester County, PA.
A property, buildings, or facilities used for or any organization
established for some common social, fraternal, professional, or recreational
purpose and characterized by regular meetings, and a charter and/or
bylaws. A club does not include health clubs or gyms.
An agent of the Board of Supervisors charged with the administration
and enforcement of one or more of the Township's codes and ordinances,
including this chapter and the Building Code.
A reception and transmission tower intended for transmitting
or receiving radio, television, telephone or digital communications.
The Comprehensive Plan of the Township of Thornbury, Chester
County, Pennsylvania, as adopted and amended from time to time in
accordance with the Pennsylvania Municipalities Planning Code.[1]
An undisturbed or nearly undisturbed natural area consisting
of vegetation that is native to the area and intended to be preserved
in its natural state.
A lot that is created with a stated intent to preserve and
protect an existing historic resource that is listed on the Thornbury
Township Historic Resources Map[2] or is eligible for the National Register of Historic Places.
The conservation lot must be offered for sale to the Township by the
developer. The total lot size shall be at least five times larger
than the average residential lot proposed by the subdivision. The
area of the conservation lot may be counted toward the open space
required by the applicable ordinance.
The erection, modification, or alteration of any structure.
Limited disturbance to soil or vegetation associated with entering
the premises for purposes of surveying, staking, or to obtain necessary
data on existing conditions shall not be deemed "construction."
Any combustible or explosive composition or any substance
or combination of substances intended to produce visible and/or audible
effects by combustion and which is suitable for use by the public
that complies with the construction, performance, composition and
labeling requirements promulgated by the Consumer Products Safety
Commission in 16 CFR (relating to consumer practices) or any successor
regulation and which complies with the provisions for "consumer fireworks"
as defined in the American Pyrotechnics Association (APA) Standard
87-1, including, but not limited to, Sections *3.1 and *3.5, or any
successor standard. The term does not include devices such as "ground
and handheld sparkling devices" as defined in APA Standard 87-1, Section
*3.1.1, "novelties" as defined in APA Standard 87-1, Section *3.2,
or "toy caps" as defined in APA Standard 87-1, Section *3.3.
A resource in an historic district or historic complex, as
filed with the National Register of Historic Places, or the Pennsylvania
Historical and Museum Commission, which supports the district's
or complex's historical significance through location, design,
setting, materials, workmanship, feeling and/or association.
An alteration of a building, structure or land by change
of use, theretofore existing, to a new use.
A place which has been certified by the Commonwealth of Pennsylvania
for the cremation of deceased persons or animals.
A street with access at one end and terminated at the other
by a paved vehicular turnaround.
Land and buildings where daytime care and/or instruction
is provided for seven or more individuals and including staffed professional
supervision necessary to serve such purposes. Such use may, but need
not, be in support of and operated by another nonresidential use.
Operation of a day-care center may be by a public agency, a private
nonprofit organization or a private commercial entity, and shall be
licensed by the Commonwealth of Pennsylvania.
The features of a building which give it its particular architectural
character and which, if removed or changed, would result in a significant
change to its appearance and character.
The dismantling or tearing down of all or part of the exterior
portion of a building or structure.
The number of dwelling units per acre, calculated by dividing
the total number of dwelling units by the base site area.
The number of dwelling units per acre, calculated by dividing
the total number of dwelling units by the total acreage of the tract.
The allowable increase in dwelling unit density above base
density.
A committee of not more than three, registered landscape
architects, architects or land planners appointed by the Board of
Supervisors for study and recommendation as to the aesthetic aspects,
the adequacy of overall plan design, open space, recreational and
community facilities in a proposed development and the compatibility
of the development with the existing and contemplated land uses of
adjoining and nearby properties.
Any final action of the Building, Zoning, or Code Enforcement
Officer, Township Engineer, Planning Commission, or other authorized
Township officer relative to the provisions of this chapter, as specified
herein.
The process wherein an historic resource is determined by
the Pennsylvania Historical and Museum Commission as meeting National
Register criteria, but is not formally listed on the National Register.
The developable area of a parcel is determined by subtracting
protected areas from the base site area.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; utilities streets and other paving;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The percentage of density credit granted for protected areas
within a given parcel, based upon the percentage of the base site
area represented by the protected areas.
The provisions for development, including a Planned Residential
Development (PRD), and/or a plat of subdivision, including all covenants
relating to use, location and bulk of buildings and other structures,
intensity of use or density of development, streets, pathways, parking
facilities, common open space, stormwater facilities, public facilities
and other features and/or information as required by Township ordinances.
The provisions of the development plan shall mean the written and
graphic materials referred to in this definition.
The outside diameter of a tree at 4.5 feet above the forest
floor on the uphill side of the tree. The measured section should
be unbranched and representative of the typical age of the tree species.
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A short-term boarding kennel for dogs during the day with
no overnight accommodations.
A building or entirely self-contained portion thereof containing
food preparation and bathroom facilities, for occupancy by only a
single housekeeping unit (including any domestic servants living or
employed on the premises) with no enclosed space (other than vestibules,
entrance or other hallways or porches) in common with any other dwelling
unit. Dwellings may be classified as follows:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open on all sides.
SEMIDETACHEDA building containing two dwelling units (detached, semidetached, or attached), including, but not limited to, twin or duplex:
MULTIFAMILYA building containing three or more dwelling units, including, but not limited to, four-family dwelling (fourplex, quadruplex), townhouse and rowhouse (single-family attached), and apartment buildings:
FOUR-FAMILY DWELLING (FOURPLEX, QUADRUPLEX)A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units, and open space on two nonparallel sides.
TOWNHOUSE; ROWHOUSE (SINGLE-FAMILY ATTACHED)A building containing dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units, and open space to the front and rear (internal units) or front, rear, and one side (end units).
APARTMENT BUILDING; CONDOMINIUM BUILDINGA building containing three or more dwelling units separated by party walls, and which may have more than one dwelling unit from ground to roof, common outside accesses, and hallways. The dwelling units may either be renter-occupied or owner-occupied as condominium units with separate ownership.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose, and within which
the owner of the property shall not erect any permanent structures,
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
The use of plant materials, fencing, walls and/or earthen
berms or combinations thereof, to aid in the concealment of such features
as parking areas and vehicles within them and to provide privacy between
two or more different land uses or activities; a visual and/or other
barrier.
The duly designated Engineer of Thornbury Township or the
engineer or consultant employed by the Township to perform the duties
herein prescribed.
An addition to the floor area of an existing building, an
increase of size of another structure, or an increase in that portion
of a lot occupied by an existing use.
A family may be composed of:
A single person occupying a dwelling unit.
Any number of persons related by blood, marriage or adoption,
including not more than four foster children, domestics, resident
nurse, and one other individual not related to another in the housekeeping
unit.
Not more than three unrelated persons living together as a single
cooperative household unit.
A group of individuals with disabilities living together as
the functional equivalent of a family and entitled to a reasonable
accommodation to allow them adequate housing choices pursuant to the
Federal Fair Housing Amendments Act of 1988 (42 U.S.C. §§ 3601
et seq.) and the Pennsylvania Human Relations Act (43 P.S. §§ 951-963).
The Zoning Officer or other official Township representative
shall have the authority to determine whether a group of individuals
is living together as the functional equivalent of a family for purposes
of this chapter. A family as herein defined specifically excludes
individuals and groups occupying a boardinghouse or rooming house,
lodging house, club, fraternity, hotel or similar living environment.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
Chapter 83 of the Township Code for the management of flood-prone areas as amended from time to time.
The measurement of a building's gross floor area in
relation to the size of the lot/parcel that the building is located
on.
The sum of the total horizontal area of all of the floors
of a building.
The gross floor area less areas not directly used for the
principal use intended, such as walls, columns, stairwells, shaftways,
elevators or escalators, corridors, equipment or mechanical rooms,
storage areas and lavatories.
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, and which does not involve any land development.
A building or part thereof used exclusively for human burial
services, including mortuaries. Such building may contain space and
facilities for:
An accessory structure designed, built or used by the owner
or tenant of the principal structure on a lot for storage of motor
vehicles and other household items. A private garage is not affiliated
with a motor vehicle business, service or industry.
A structure used for the repair, servicing, or storage of
motor vehicles. A public garage is not intended for sale of gasoline
or use as a private garage.
An establishment for the wholesale or retail sale of nursery
and garden products, supplies, tools, and/or equipment.
The elevation, relative to a given datum, of the ground surface
prior to any excavation or fill.
The changing of the surface of the ground by excavation,
filling, or combination of the two; the act of moving earth.
All buildings, sites and structures shown on the Thornbury
Township Historic Resources Map[3]; and sites, areas, structures, trails and/or routes which
are valued due to their significance as examples and/or locations
of events, customs, skills and/or arts of the past. This may include
any building, structure or site that is recognized for its historic,
architectural or archaeological significance by the Pennsylvania Historical
and Museum Commission, or designated as contributing to a National
Register Historic District.
An official list of historic resources in Thornbury Township
which is maintained by the Thornbury Historic Preservation Commission.
These resources are further depicted on the Historic Resources Map.[4]
A map adopted as part of this chapter[5] showing the location of the historic properties and listing
the historic sites and historic resources of the Historic Resources
Inventory.
An accessory use constituting entirely or partly the livelihood of person(s) living in a dwelling unit, when in accordance with § 155-1612.
Minor home occupation (no-impact home-based business). A business
or commercial activity administrated or conducted as an accessory
use which is clearly secondary to the use as a residential dwelling
and which involves no customer, client or patient traffic, whether
vehicular or pedestrian, pickup, delivery or removal functions to
or from the premises, in excess of those normally associated with
the residential use.
Major home occupation. A business or commercial activity that
exceeds the limits of a no-impact home-based business, such as a business
that has employees that are not residents of the dwelling unit in
which the home occupation is located.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents,
subject to the provisions of the Pennsylvania Uniform Planned Community
Act of 1996.[6]
A commercial facility offering transient lodging accommodations
to the general public and providing additional services or accessory
uses including, but not limited to, restaurants, meeting rooms, and
recreational facilities made available to patrons. This definition
does not include bed-and-breakfasts.
Soils that form under conditions of saturation, flooding
or ponding long enough during the growing season to develop anaerobic
conditions in the upper part, including soils inventoried or described
as hydric according to the Soil Survey of Chester and Delaware Counties,
Pennsylvania, or other information provided by the U.S. Natural Resources
Conservation Service (NRCS). In Thornbury Township, hydric soils shall
include, but are not limited to:
A study designed to determine the impact that a development
will have in the area it is being proposed and the surrounding area.
A surface that has been compacted or covered with a layer
of material so much that it prevents or is resistant to infiltration
of water, including, but not limited to, structures such as roofs,
buildings, storage sheds; other solid, paved or concrete areas such
as streets, driveways, sidewalks, parking lots, patios, decks, tennis
or other paved courts; or athletic playfields comprised of synthetic
turf materials. For the purposes of determining compliance with this
chapter, compacted soils or stone surfaces used for vehicle parking
and movement shall be considered impervious. Surfaces that were designed
to allow infiltration (i.e., areas of porous pavement) will be considered
on a case-by-case basis by the Township Engineer, based on appropriate
documentation and condition of the material, etc.
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A property involving buildings and grounds, including, but
not limited to, schools, service clubs, museums, places of worship,
hospitals, treatment facilities, and prisons.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the
Municipalities Planning Code.[7]
Living vegetative material, including, but not limited to,
grass, ground covers, trees, and shrubs required upon all lots, except
where agricultural production or gardens are permitted, so as not
to leave bare dirt exposed to erosion.
An educational or training academy providing instruction
or programs of learning, including, but not limited to, academic tutoring
and college entrance exam preparatory courses, art education programs,
artistic performances, and music lessons. Private educational institutions
may include indoor recreation programs, including, but not limited
to yoga studios, martial arts, gymnastics, dance, or cycling. Private
educational institutions do not include day-care centers, institutional
uses, or education conducted in the provider's home as a home
occupation.
An off-street space provided for cargo vehicles, when loading
and unloading.
A parcel of land on which a principal building or, where authorized by this chapter, a unified group of buildings and any accessory buildings are, or may be, placed, together with the required open spaces, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter. The use of a lot for more than one principal building or for a unified group of buildings shall be considered a subdivision or land development, and the plan for any such use shall be subject to approval in accordance with Chapter 115, Subdivision and Land Development.
See "base site area."
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the lot line for such portion of the lot as abuts such street shall
be deemed to be the same as the street line, and shall not be the
center line of the street or any other line within the street lines
even though such may be the property boundary line in a deed.
The horizontal distance between side lot lines measured along
the building setback line. Where the street line is curved, the measurement
shall be made on the arc parallel to the curve of the street line.
A lot abutting upon two or more streets, at their points
of intersection; or a lot with two or more connected sides which abut
upon a street or streets, the interior angle being not more than 135°.
The percentage of lot area covered by any and all improved
or hardened materials and impervious areas, such as buildings, paved
parking areas, paved walks, terraces and similar surfaces which do
not normally absorb rainfall.
A lot created by subdivision, which, while having the required
area and being capable of having the required front, rear and side
yard clearances, lacks the required public road frontage, and is connected
to a public road by a narrow portion of the lot containing a private
driveway or a private roadway of approved width.
A lot with side lot lines which do not abut a street.
A lot with more than two acute interior angles or a lot with
an unconventional number of changes in direction which create areas
which are extremely limited in use.
A lot extending between and having frontage on two generally
parallel streets, with vehicular access only from the minor street.
A single-family dwelling unit fabricated in an off-site manufacturing
facility for installation or assembly at the building site, bearing
a seal certifying that it was built in compliance with the federal
Manufactured Housing Construction and Safety Code, and is designed
for use with or without a permanent foundation when attached to the
required utilities.
A use involved in the examination and treatment of persons
as outpatients by licensed physicians or medical specialists practicing
medicine during office hours. Medical clinics may include limited
secondary facilities such as laboratory facilities and pharmacies
to service patients. Medical clinics may include, but not be limited
to, urgent medical care centers and facilities offering minor medical
treatment for illnesses or minor outpatient surgeries. Uses providing
overnight lodging of patients or prolonged surgical procedures (inpatient)
shall not be considered medical clinics.
A parabolic ground-based reflector, together with its pedestal
and any other attachments and parts thereof commonly referred to as
a "dish-shaped antenna" used or intended to receive radio or electromagnetic
waves from an overhead satellite.
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations
and constructed so that it may be used without a permanent foundation.
A lot with principal and accessory buildings used for sale
of gasoline, oil and motor vehicle accessories, electric vehicle charging,
and/or the servicing of motor vehicles, including washing of cars
and minor repairs, but not for body and fender work or painting.
A list maintained by the Secretary of the United States Department
of the Interior composed of buildings, sites, structures and districts
of national, state or local significance in American history, architecture,
archaeology, engineering and culture. Structures and/or districts
listed on the Register must meet criteria promulgated by the Secretary
of the United States Department of the Interior against which historic
resources nominated to the National Register are evaluated.
An area within a PRD to which residents may walk by way of
an integrated sidewalk/pathway system and in which a mix of uses is
found such as a store, church, library, park, playground, school,
day-care center, other civic or public uses, amenities or services.
Structures for which the start of construction commended
on or after the effective date of this chapter.
A parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to
be affixed (including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete pads, and the
construction of streets) is completed on or after the effective date
of this chapter.
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.
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.
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.
A facility operated for the purpose of providing therein
lodging, board, and nursing care to sick, invalid, infirm, disabled,
or convalescent persons for compensation, provided that the facility
has obtained proper governmental licensing. The term "convalescent
home" is included in this definition.
A parcel or parcels of land or an area of water or a combination
of land and water within a developed site and designed and intended
for the use and enjoyment of residents of a development, not including:
streets; off-street parking areas; building lots; the 4,000-square-foot
equivalent lot area for multifamily dwellings; an area within 20 feet
from any exterior walls of any building containing multi-dwelling
structures; areas set aside for public facilities; buildings and other
aboveground structures associated with sewage disposal systems; and
areas set aside for stormwater management facilities (unless designed
as a pond, wet year-round).
A plan including an inventory of land and water resources
in Thornbury Township and recommendations related to future open space,
recreation needs and environmental resources protection, adopted by
Thornbury Township in 1993.
A use or combination of recreational uses carried on primarily
outdoors, without the use of artificial illumination.
A parcel or parcels of land or an area of water or a combination
of land and water to be permanently deed-restricted from subdivision
and to outdoor recreational/agricultural uses, setting out areas of
such parcel devoted to streets, driveways, off-street parking areas,
stormwater management facilities, wastewater management structures
and buildings accessory to such use.
A generally level space, available for the parking of one
motor vehicle, exclusive of aisles, passageways, driveways, or other
means of circulation or access.
A common shared wall between two separate buildings. For
purposes of a single-family attached or single-family semidetached
dwelling, the party wall must extend continuously from the foundation
of the dwelling through the roof of the dwelling.
The Pennsylvania Municipalities Planning Code Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[9]
A surface that presents an opportunity for precipitation
to infiltrate into the ground, including any surface not considered
an impervious surface and when approved by the Township Engineer.
A commercial establishment primarily engaged in providing
services involving the care of a person or his or her apparel or merchandise
and offering only limited, if any, products for sale, including, but
not limited to, barbershops, salons, tanning salons, tailors, optometrists,
beauticians, repair of electronic goods, bicycle repair, gyms, health
clubs, fitness centers, and other similar uses.
See "development plan."
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units or combination of
residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one article of this chapter.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
Offices where services are provided that require specialized
training or professional certification and where no goods or merchandise
are sold or exchanged, except for those directly related to the service
provided, including, but not limited to, accountant, appraiser, attorney,
architect, financial planner, landscape architect and engineer. A
professional office shall not constitute a medical office or clinic,
including, but not limited to, physician, dentist, chiropractor, massage
therapist, psychologist and optometrist.
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 act.
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relating to open meetings).
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.
A building grounds or facility used for a service furnished
by a public service or utility corporation. This shall not apply to
any existing or proposed building or extension thereof, used or to
be used by a public service corporation, if, upon petition of the
corporation, the Public Utility Commission shall, after a public hearing,
decide that the present, or proposed, situation of the building in
question is reasonably necessary for the convenience of the public.
A paved accessway which is manifest in one or more of the
following: all state roads and highways; all dedicated roads maintained
by the Township; all roads for which the offer of a deed of dedication
has been made; and all private roads over which the general public
has the right of access.
A vehicular type unit for recreational, camping or travel
use, which either has its own motive power or is mounted on or drawn
by another vehicle. Recreational vehicles include, but are not limited
to: travel trailers, camping trailers, boat trailers, truck campers
and motor homes. A recreational vehicle is not designed for use as
a permanent dwelling but is temporary housing quarters for recreational,
camping, travel, or seasonal use.
See "historic structure, registered."
The process of returning a property to a state of utility
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historical, architectural and cultural values.
A nonprofit use of land or a building(s) where religious
services are conducted as the principal purpose, such as a place of
worship, and may include ancillary related uses such as religious
education, reading rooms, and residences for pastoral staff.
Any form of restaurant and/or tavern open to the public and
dispensing food and drink. Such use shall not be considered to include
drive-through service.
An establishment designed to allow patrons, without leaving
their vehicles, to order and pick up food, beverages, ice cream, and
other similar confections for off-site consumption.
An establishment engaged in selling goods or merchandise
to the general public and rendering services incidental to the sale
of such goods. Examples of a retail use include, but are not limited
to, a grocery store, hardware store, pharmacy, magazine or bookstore,
florist, clothing store, bakery, and other uses of a similar nature,
but not including a convenience store.
An area of land or water reserved or dedicated for any public
or private access or utility purpose.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
A single-family dwelling in which the occupant, for compensation,
supplies living accommodations, but no meals, by the week or longer
to other than members of his family, provided that there shall be
as least 500 square feet of habitable space for each occupant.
Lands containing protected areas as well as being located
adjacent to scenic roadways and containing historic sites, as identified
in the Thornbury Township open space, recreation and environmental
resources plan.
A buffer comprised of natural and/or man-made material arranged
in a certain specified depth, height and density to effectively block
the view from one side to another during all seasons of the year and
to reduce the transmittal of noise and odors between the sides.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge or insignia of any government or
governmental agency.
Any tree having a caliper of more than 12 inches at a height
of 4.5 feet above the ground.
A tract or a portion of a tract being developed.
Those areas having slopes of 15% or greater but less than
25%, delineated and measured over a six-foot difference in vertical
elevation, as measured perpendicular to any contour line. (The percent
of slope is determined by dividing the total amount of vertical rise
or fall by the horizontal distance over which the rise or fall occurs.)
Areas of moderate slope less than 500 square feet in horizontal area
shall be exempt from regulations pertaining to moderate slopes.
Those areas having slopes of 25% or greater, delineated and
measured over a six-foot difference in vertical elevation, as measured
perpendicular to any contour line. (The percent of slope is determined
by dividing the total amount of vertical rise or fall by the horizontal
distance over which the rise or fall occurs.) Areas of steep slope
less than 500 square feet in horizontal area shall be exempt from
regulations pertaining to steep slopes.
An attorney appointed by the Supervisors of Thornbury Township
responsible for providing legal advice.
Standards promulgated by the Secretary of the Interior, as adopted by Thornbury Township and set forth in § 155-1308, to guide and evaluate the rehabilitation of historic buildings.
Any feature, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration facilities.
Chapter 116 of the Township Code for the management of stormwater as amended from time to time.
A public or privately owned right-of-way, serving as a means
of vehicular and pedestrian travel, furnishing access to abutting
lots, and used to reserve space for the installation of improvements
such as sewers, utilities, and other amenities.
Those streets not offered for dedication.
A public thoroughfare which has been dedicated and deeded
to the Township and which affords the principal means of access to
the abutting property.
An assembly of material forming a construction for occupancy
or use, including, among others, buildings, stadiums, tents, reviewing
stands, platforms, stagings, observation towers, water tanks, trestles,
open sheds, shelters and display signs.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The Thornbury Township Subdivision and Land Development Ordinance
of 1983, as amended.[10]
An artificial or natural waterway or low-lying stretch of
land that gathers and conveys stormwater or runoff and is generally
vegetated for soil stabilization, stormwater pollutant removal, and
infiltration.
A structure, above or below ground level, for the purpose
of containing water to a depth, at any point, in excess of two feet
and intended primarily for recreation without regard to materials
of its construction.
The upper part of the soil, which is the most favorable material
for plant growth. It is ordinarily rich in organic matter and is used
to top dress road banks and lawns.
The total horizontal area within the lot lines of a tract,
excluding any area within a street or street right-of-way and the
area of any right-of-way or easement exclusive to the holder thereof.
The Secretary of the Township of Thornbury, Chester County,
Pennsylvania.
A parcel of land intended for development under the terms
of this chapter. A tract may consist of one or more lots held by single
and separate owners at the time of application for approval and developed
pursuant to a common plan by agreement of the owners.
Any vehicle which is normally towed and has either an overall
height of more than four feet or an overall length of more than 15
feet and is not used for farm purposes.
A tree with a DBH of eight inches or more.
A mature tree which most typically represents a whole class
or group in shape, form, historical importance or any other characteristic
which may be designated as such by the Township. Specimen trees shall
measure a minimum 24 inches DBH, have attained the minimum mature
size as specified in the Manual of Woody Landscape Plants: Their Identification,
Ornamental Characteristics, Culture, Propagation and Uses, by Michael
A. Dirr (Stipes Publishing Company, Champaign, Illinois, 1983), or
be of specimen quality as determined by a registered landscape architect.
An institution of higher education and research which awards
academic degrees in various academic disciplines, typically providing
undergraduate and postgraduate education.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained, or
occupied; or any activity, occupation, business, or operation carried
on or intended to be carried on in a building or other structure or
on a tract of land.
Any area of land which is given to one category of land use,
which is used to compute net density.
A building, structure, land, or use thereof that is not a
principal permitted use, but which is clearly incidental and subordinate
to the associated principal permitted building, structure, or use
on the same lot.
A use as permitted under the provisions set forth under § 155-2105.
The primary use of a lot. Except as specifically permitted
by this chapter, there shall be only one principal use on each lot.
A use as permitted under the provisions set forth under § 155-2005.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits, birds or fowl.
No outdoor boarding of animals is permitted.
INDIVIDUAL SUPPLY SYSTEMA safe and healthful supply of water, to a single user from a private well located on the lot in which the use is located.
COMMUNITY OR PUBLIC SUPPLY SYSTEMA system for supplying water from a common source or sources to all dwellings and other buildings within a development or service area. The water supply source may be located on site and/or off site and may be publicly or privately owned.
Any natural or artificial stream, river, creek, ditch, channel,
canal, waterway, gully or ravine in which water flows in a definite
direction or course, either continuously or intermittently, and has
a defined bed and banks.
Those areas that are inundated and saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. Any area meeting the official
wetland definition of the U.S. Army Corps of Engineers, as amended,
will be considered a wetland for the purposes of this chapter.
A tree mass or plant community in which tree species are
dominant, and the branches of the trees form a complete, or nearly
complete, aerial canopy. The extent of any woodland plant community
or any part thereof shall be measured from the outermost dripline
of all the trees in the community. Woodland shall include any area
where timber has been harvested within the previous three years and/or
woodland disturbance has occurred within the previous three years
which would have met the definition of woodland prior to timbering
or disturbance. Woodlands do not include orchards, hedgerows, or old
fields.
The required open space area, around the inner periphery
of a lot, in which no principal building or structure shall be located.
The area of the lot not required to be open space shall be called
the buildable area of the lot.
FRONTA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of the permitted principal or accessory building or buildings on the lot. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided along the frontage which abuts the primary street, and the yard along the other frontage which abuts the secondary street shall be designated as the second front yard and have the same depth as that which applies to the front yard. In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of equal depth shall be provided on the other frontage.
SIDEThe minimum open space required between each side lot line and any principal building on the lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building.
REARThe minimum open space extending the full width of a lot, required between the rear line of the lot and any principal building on the lot, exclusive of cornices, eaves, gutters and chimneys projecting not more than two feet from the building.
The Official Zoning Map of Thornbury Township, Chester County,
Pennsylvania.[12]
An official appointed by the Supervisors of Thornbury Township
who is responsible for the enforcement of the regulations herein.
A document signed by a Zoning Officer as required and defined
in this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: Said map is on file in the Township offices.
[3]
Editor's Note: Said map is on file in the Township offices.
[4]
Editor's Note: Said map is on file in the Township offices.
[5]
Editor's Note: Said map is on file in the Township offices.
[6]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
[7]
Editor's Note: See 53 P.S. § 10503(1.1).
[8]
Editor's Note: See 53 P.S. § 10401 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: 53 P.S. § 10101 et seq.
[12]
Editor's Note: The Official Zoning Map is included as an attachment
to this chapter.
