[Ord. 116, 9/7/2011, § 201; as amended by Ord. 123, 2/6/2014, §§ 1, 16]
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
ACCESS DRIVE
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land or improvements
thereon containing any use other than one single-family dwelling unit
or a farm.
ACCESSORY ALTERNATIVE ENERGY SOURCES
Those devices producing energy for the sole use of the property
owner which the energy system is located including gasoline or diesel
fueled generators, photovoltaic and other active solar energy units,
solar hot water heaters, wind turbines, gas, coal, corn, pelletized,
or wood-fired stoves or furnaces whose energy fuel is not part of
a bulk supplier's energy distribution network or grid.
ACCESSORY DWELLING
An additional dwelling unit placed upon any property as ECHO housing or upon an agricultural property for immediate family members or as temporary farm employee housing. Accessory dwellings shall be processed in accordance with the Accessory Dwelling Guidelines as provided in the Appendix of the West Cocalico Subdivision, Land Development and Stormwater Management Ordinance [Chapter
22].
ACCESSORY FARM DWELLING
A permanent second dwelling on a farm having as its occupant(s):
[Added by Ord. No. 134, 5/4/2017]
B.
One or more full-time laborers; or
C.
Any family member of an owner or full-time laborer on the farm.
ADULT ORIENTED BUSINESS
Any business offering for sale, lease, or hire, products,
materials, or inventory, the majority of which consists of adult oriented
products, or any business that provides any adult oriented services.
Any business which restricts its clientele to persons over the age
of 17 in order to comply with the Pennsylvania Crimes Code, 18 Pa.C.S.A.
§ 101 et seq., shall be considered an adult oriented business.
A.
ADULT ORIENTED PRODUCTAnything which depicts, describes, presents, or displays human nudity or humans engaging in sexual foreplay or intercourse and appearing to have at least a significant motivation for such depiction, presentation, or display the sexual stimulation or sexual gratification of the consumer of same. Also, included within this definition is any object which is intended or may be used by the consumer for purposes of sexual stimulation or gratification. Movies having received an R or PG-13 rating, or the literary equivalent of same, shall not be considered adult oriented products.
B.
ADULT ORIENTED SERVICEAny action performed, for consideration, by one or more persons to or for the benefit of another person or persons where at least one motivation for such action is the sexual stimulation or gratification of either the performer or the recipient.
AEU PER ACRE
An animal equivalent unit per acre of cropland or acre of
land suitable for application of animal manure.
AGENT
Any person, other than a landowner or developer, who, acting
for the landowner or developer, submits to the Township any subdivision
or land development plan or other permit application for the purpose
of obtaining approval 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, including fish and shellfish raised
for food in ponds and other fish farm facilities. 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.
AGRICULTURAL PRODUCTION
The production for commercial purposes of crops, livestock
and livestock products, including the processing or retail marketing
of such crops, livestock or livestock products if more than 50% of
such processed or merchandised products are produced by the farm operator.
AGRICULTURAL PRODUCTS
Crops, livestock, livestock products as defined herein grown,
raised, or cultivated on a farm or other property.
AGRICULTURAL RELATED BUSINESS
A use of land and/or buildings to provide goods and/or services
designed and directed to support agricultural operations. Agricultural
related businesses shall be directed at meeting the material or service
needs of agricultural operations and shall exclude those businesses
whose primary purpose is the retail distribution of goods and products
that would meet the day-to-day needs of the nonfarming community.
AGRICULTURAL SCIENCES SUPPORT OPERATION
Any location, structure or operation which has as its primary
purpose the raising or maintaining of animals, birds or reptiles,
with the specific exclusion of primates, for the purposes of medical
research, experimentation, study, or for the production of pharmaceutical
products provided that such operation uses agents and reagents that
are inert, non-viable, non-infectious and non-hazardous, prohibiting,
but not limited to, live microorganisms, live viruses, (whether wild-type
or attenuated), live bacteria, live fungi, live mycoplasma, live parasites,
recombinant polynucleotides (such as DNA or RNA, expression vectors,
knockout vectors or gene therapy vectors); or radioactive compounds
or isotopes. This requirement shall not be construed as to prohibit
any standard and well-established practice of veterinary medicine.
AGRITAINMENT
A farm-based activity, enterprise, or business that combines
the elements and characteristics of agriculture and tourism, which
is not necessarily located in an existing building and may have more
than one full-time equivalent employee. Examples of agricultural entertainment
include: corn mazes, hay rides, sleigh rides, petting farms, on-farm
tours, agricultural related museums, demonstrations of farming practices,
techniques and methods, fee based fishing and hunting, horseback riding,
nature trails, haunted barns and similar activities. Any such activities
shall not exceed 45 days per calendar year in the aggregate, and may
include incidental preparation and sale of beverages, food, and souvenirs.
AGRI-VENUE
Within the A-1 and A-2 Agricultural, ES Ecologically Sensitive,
and OS Woodland Districts, a place where celebrations, gatherings
and similar events may, upon approval of a special exception, take
place with or without meals, entertainment or food preparation for
the purpose of receiving monetary compensation.
[Added by Ord. No. 132, 6/17/2016]
ALLEY
A minor right-of-way privately or publicly owned primarily
for vehicular or service access to the back or side properties.
ALTERATION
As applied to building, structure, or sign, means a change,
rearrangement, renovation, relocation, or enlargement in the structural
parts or exterior or which would change its use classification.
ALTERNATIVE ENERGY SYSTEM
A structure, equipment, or device used for the production
of heat, cooling, or electricity or other forms of energy from renewable
energy sources rather than fossil-fuel sources. May also be referred
to as a "renewable energy system."
AMUSEMENT ARCADE
A commercial establishment which provides as a principal
use, amusement devices and/or video games of skill or chance (e.g.,
pinball machines, video games, firing ranges, and other similar devices).
This definition does not include the use of two or less such devices
as an accessory use.
ANAEROBIC DIGESTER SYSTEM
An alternative energy system, along with its appurtenant
structures, buildings, and on-site electrical infrastructure and transmission
lines, that uses anaerobic digestion or co-digestion processes to
convert livestock and poultry manure (primary catalysts) and feedstock
or other organic materials (secondary catalysts) into biogas that
is burned on-site to produce electrical or thermal power. Types of
anaerobic digester systems may include covered anaerobic lagoons,
plug-flow or complete mix (or continually stirred) tank reactors.
ANAEROBIC DIGESTER SYSTEM, ACCESSORY
An anaerobic digester system that supplies electrical or
thermal power for on-site agricultural support use, is an accessory
use to a principal agricultural use, and at least 75% of the primary
catalyst used in the digester is generated on-site.
ANAEROBIC DIGESTER SYSTEM, COMMUNITY
An accessory anaerobic digester system serving more than
one farm that is accessory and subordinate to the principal agricultural
use of the farm lot or parcel on which it is located, provides electrical
or thermal power for the principal agricultural uses and customary
accessory uses of the farms that it serves and at least 75% of the
primary catalyst used in the digester is generated by one or more
of the farms served by the digester.
ANAEROBIC DIGESTER SYSTEM, PRINCIPAL
An anaerobic digester system that supplies electrical or
thermal power primarily for off-site use, is not an accessory use
to a principal agricultural use and more than 25% of the primary catalyst
used in the digester is generated off-site.
ANIMAL EQUIVALENT UNIT (AEU)
One thousand pounds live weight of livestock or poultry animals,
on an annualized basis, regardless of the actual number of individual
animals comprising the unit.
ANIMAL EXOTIC
Members of the family Felidae except those species commonly
called house cats and members of the family Canidae except those licensed
by the Pennsylvania Department of Agriculture. Exotic animals shall
also include all non-native animals, but excepting small animals and
birds customarily kept as house pets.
ANIMAL HOSPITAL/VETERINARY CLINIC
An establishment offering veterinary services for all types
of animals and which may include outdoor and overnight boarding of
animals as an accessory use.
ANIMAL LABORATORY
Any location, structure or operation where animals, birds
or reptiles, excluding primates, are raised, bred or maintained for
the purpose of conducting veterinary research, excluding that research
which involves the production or manipulation of blood, blood related,
and genetic products including, but not limited to, activities such
as antibody development, peptide synthesis and immunochemistry.
ANIMAL, DOMESTIC
Any dog or cat customarily kept as house pets, equine animal,
bovine animal, sheep, goat, or porcine (swine) animal.
ANIMAL, WILD
All animals falling into one of the following categories
as defined by the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A.
§ 101 et seq.:
B.
FURBEARERBadger, fisher, mink, muskrat, opossum, otter, pine marten, striped and spotted skunk, beaver, raccoon, all weasels, red and gray foxes, and bobcat.
C.
GAME ANIMALSElk, deer, bear, cottontail, snow shoe hare, red, gray and fox squirrels.
D.
GAME BIRDSGeese, brant, wild ducks, mergansers and swans, coots, gallinules, rails, snipe, woodcock, turkeys, grouse, pheasants, Hungarian partridges, bobwhite quail, and mourning doves.
ANTENNA HEIGHT
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average height
between the highest and lowest grades shall be used in calculating
the antenna height. The vertical distance shall not include the antenna
(which shall not exceed 15 feet in height) located on top of the antenna
support structure.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
APARTMENT
Any dwelling unit which is located within a single structure
along with at least one other dwelling unit or with a nonresidential
use, each having a separate location within such structure.
APARTMENT CONVERSION
A multi-family dwelling constructed by converting an existing
building into independent dwelling units for more than one family,
without substantially altering the exterior of the building.
AREA
The extent of surface contained within the boundaries or
extremities of land or building, exclusive of street rights-of-way.
AUTOMOBILE FILLING STATION
A facility which offers the sale of gasoline or other motor
vehicle fuels, oil and other lubricating substances and the retail
sales of motor vehicle accessories. Automobile filling stations shall
not include the sale or rental of motor vehicles, nor major repairing,
body work, painting, automatic car washes or automobile parts store.
AXIS OF A LOT
A line joining the midpoints of the front and rear lot lines.
A corner lot shall haves two axes, each of which shall be defined
as a line joining the midpoints of a front lot line and the opposite
lot line. In the event that a front or rear lot line is not a straight
line, the midpoint of such line shall be determined as the midpoint
of a straight line drawn between each terminus of the front or rear
lot line.
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded
in any given year (100-year flood).
BASEMENT
Any area of the building having its lowest floor below ground
level on all sides, including sides of the building with daylight
to grade.
BED AND BREAKFAST ESTABLISHMENT
An owner occupied single-family detached dwelling where between
one and six rooms are rented to overnight guests. A bed and breakfast
establishment may operate year-round; however, the length of stay
for any overnight guest shall not exceed one continuous week. Meals,
if offered, are only to registered overnight guests.
BEEKEEPING
The raising and/or keeping of bees within a man-made enclosure
(beehive) for hobby or business uses.
BILLBOARDS
Signs for advertising purposes either printed, posted, or
lettered, freestanding or attached to a building or other structure
and conveying messages to advertise products, services, or businesses
at a location other than the premises being advertised.
BOARDING HOUSE
A building or portion thereof designed for sheltering as
a commercial use serving greater than three and no more than 10 persons
that do not constitute a family. A boarding house shall include fraternity
and sorority houses and may or may not include meals to the occupants.
BUFFER AREA
A landscaped area intended to be used as a means of limiting
the effects created by a use on adjoining properties, streets and
uses.
BUILDING
A combination of materials to form a structure enclosed within
exterior walls or fire walls and a roof, built, erected, and framed
of component structural parts, designed for the housing, shelter,
enclosure, or support of individuals, animals, or property of any
kind, occupying more than 10 square feet of area. Porches and carports
shall be considered a part of a building. Included shall be all manufactured
homes and trailers to be used for human habitation.
A.
ATTACHEDA building which has two or more party walls in common.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade at the two front corners of the building to
the highest point of the roof. Chimneys, spires, and other similar
projections shall not be used in calculating the height of the building.
BUILDING LENGTH
The horizontal measurement of any continuous building wall.
BUILDING LINE
A line parallel to, and set back from, the abutting street
right-of-way line or centerline, as applicable, a distance equal to
the depth of the front yard requirement for the district in which
the lot is located.
BUILDING, ACCESSORY
A detached subordinate building, the use of which is customarily
incidental and subordinate to that of the principal building or use,
and which is located on the same lot as that occupied by the principal
building or use.
BUILDING, FARM
A building for agricultural uses, namely barns, poultry houses,
corn cribs, silos, and other similar farm structures.
BUILDING, PRINCIPAL
A building which is enclosed within exterior walls or fire
walls, built, erected, and framed of component structural parts, designed
for housing, shelter, enclosure, and support or occupancy of individuals,
and is the main structure on a given lot.
CAMP, RECREATIONAL
Any building, tent or vehicle or group of buildings, tents
or vehicles or any other place or establishment, public or private,
together with the land and waters adjacent thereto, which is operated
or used for the entertainment, education, recreation, religious instruction
or activities, physical education, or health of persons, gratuitously
or for compensation.
CAMPGROUND
Any parcel of land upon which two or more campsites are located,
intended, and maintained for temporary occupancy by individuals in
recreation vehicles, tents or cabins.
CARPORT
A roofed-over type structure, open on at least two sides,
used in conjunction with a dwelling for storage of private motor vehicles.
CARTWAY
The surface of a road or street available for vehicular traffic.
CAR WASH
Any premises used for the washing and/or cleaning of motor
vehicles, boats, trailers and accessories.
[Added by Ord. No. 134, 5/4/2017]
CELL SITE
A commercial communications antenna site occupied by a cellular
telephone antenna and accessory facilities.
CEMETERY
Land used for the purpose of burial of the deceased, including
crematoria and mausoleums when operated in conjunction with the cemetery
and located within the boundaries of the cemetery.
CENTERLINE
The center of the surveyed street, road, lane, alley, or
alley right-of-way, or where not surveyed, the center of the traveled
cartway.
CENTRALIZED SEWER SYSTEM
A public or private utility system designed to collect, centrally
treat, and dispose of sewage from multiple users in compliance with
Pennsylvania Department of Environmental Protection regulations.
CENTRALIZED WATER SYSTEM
A public or private utility system designed to transmit potable
water from a common source to multiple users in compliance with Pennsylvania
Department of Environmental Protection regulations.
CHILD OR ADULT DAY CARE FACILITY
A.
Any dwelling, building, or portion thereof, including any on-site
outdoor play area, where regularly scheduled child or adult day care
services other than the following are provided for compensation. Said
facility shall be licensed by the Commonwealth of Pennsylvania, and
shall not provide overnight accommodations:
(1)
The occasional care of any number of children or adults not
related to the person giving care which takes place at the home of
the person giving care.
(2)
The occasional care of any number of children or adults not
related to the person giving care which takes place at the home of
the person receiving care.
B.
Child and adult day care facilities shall be further differentiated
by the following two classifications:
(1)
DAY CARE CENTERA facility which provides care for: (a) a combined total of seven or more children or adults per day, where the child or adult care areas are being used as a family residence, or (b) any number of children or adults per day, where the child or adult care areas are not being used as a family residence.
(2)
DAY CARE HOMEAny premises or dwelling unit, other than the home of the child or adult being provided care, where the day care areas are being used as a family residence, operated for profit or not for profit, in which day care is provided at any one time to up to six non-dependent or unrelated children or adults per day.
CHURCH AND RELATED USES
Any building, structure, or group of buildings or structures,
for public worship, including accessory uses such as rectories, parsonages,
convents, church-related educational and/or day care facilities, and
mission supportive uses, excluding mortuary services. Mission supportive
uses may include recreation, leisure, counseling, and other services.
Mission supportive services shall be for the use of members of the
congregation and may be made available to the general public for no
more than a nominal, substantially less than market rate fee. Mission
supportive services shall exclude any commercial operations, brand
name or otherwise, where services or products are offered for a market
rate fee.
CLINIC MEDICAL OR DENTAL
Any building or group of buildings occupied by medical or
dental practitioners and related services for the purpose of providing
health services to people on an outpatient basis.
CLUBHOUSE (PRIVATE CLUB)
An organization comprised of members and their guests which
involves buildings for meetings, recreation, and administrative purposes
not conducted for profit. The definition of "club" shall include,
but not be limited to, service and political organizations, labor
unions, and social and athletic clubs.
CLUSTER DEVELOPMENT
A land development permitted by special exception in the
RR Rural Residential and VR Village Residential Districts allowing
for the reduction in lot area and other bulk requirements so that
dwellings may be grouped in certain areas of the site to promote the
efficient use of land, while preserving and using open space lands,
while the remainder of the site is set aside as common open space
for recreational and aesthetic purposes.
COMBINED INDOOR/OUTDOOR COMMERCIAL RECREATION FACILITY
A gainful activity or business, open to the public for the
purpose of public recreation or entertainment, in which activities
are predominately conducted within a closed structure with limited
activities conducted outdoors.
[Added by Ord. No. 134, 5/4/2017]
COMMERCIAL COMMUNICATIONS ANTENNA
A device operated for profit and used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbital based structures or objects.
COMMERCIAL COMMUNICATIONS ANTENNA SITE
A tract or parcel of land that contains a commercial communications
antenna, its support structure, accessory buildings, equipment lockers,
fences, and parking, and may include other uses associated with and
ancillary to its operation.
COMMON OPEN SPACE
A parcel or parcels of land, 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.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
COMPREHENSIVE PLAN
The plan, or parts thereof, which has been adopted by the
Board of Supervisors, showing its recommendations for such systems
as parks and recreation facilities, water supply, sewer and sewage
disposal, transportation highways, civic centers, and other public
improvements which affect the development of the Township.
CONCENTRATED ANIMAL FEEDING OPERATIONS
An agricultural operation that meets the criteria established
by the Department of Environmental Protection under authority of the
Act of June 22, 1937, P. L. 1987, No. 394, known as the "Clean Streams
Law," 35 P.S. § 691.1 et seq.
[Amended by Ord. No. 134, 5/4/2017]
CONCENTRATED ANIMAL OPERATIONS
An agricultural operation that meets the criteria established by the State Conservation Commission in regulations under the authority of Chapter
5 of the Agricultural Code, 3 Pa.C.S.A. § 501 et seq., (relating to nutrient management and odor management) in 25 Pa. Code, Chapter 83, Subchapter D (relating to nutrient management).
[Amended by Ord. No. 134, 5/4/2017]
CONSERVATION AREA
A parcel or parcels of land that is used or set aside for
the preservation and careful management of the environment and of
natural resources including open space, water, soil, forest, and wildlife
resources. These areas shall be maintained in a natural, undeveloped
state for the preservation of both animal and plant life.
CORNER LOT
A lot abutting upon two streets at their intersection. A
corner lot shall have two front yards, one side yard and one rear
yard.
CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS
Crops, livestock and livestock products shall include but
are not limited to the following:
A.
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes and dry beans.
B.
Fruits, including apples, peaches, grapes, cherries and berries.
C.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets, onions and mushrooms.
D.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
E.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, fur-bearing animals, milk, eggs and furs.
F.
Timber, wood and other wood products derived from trees.
G.
Aquatic plants and animals and their by-products.
DAY CARE CENTER
A facility which may be licensed by the State that provides
a wide range of formal day care services to adults or children for
remuneration, who are supervised by a qualified staff.
DECISION
The final adjudication of the Zoning Hearing Board and the Board of Supervisors for cases under its jurisdiction as identified in §
27-2503 of this chapter. Appeals from a decision go directly to the Court of Common Pleas.
DENSITY
The number of dwelling units per acre, exclusive of all street
rights-of-way.
DETERMINATION
A.
A final action by an officer, body, or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
(1)
The Board of Supervisors.
(2)
The Zoning Hearing Board.
(3)
The planning agency, only if and to the extent the planning
agency is charged with final decision on preliminary or final plans
under the subdivision and land development ordinance or planned residential
development provisions.
B.
Determinations shall be appealable only to the boards designated
as having jurisdiction for such appeal.
DEVELOPMENT
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; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
DRIVEWAY
A private drive providing access between a public or private street or access drive and a parking area for a single unit of occupancy or a farm, which shall comply in all respects with this chapter, the Road Ordinance [Chapter
21, Part
1], and any other ordinance regulating the placement and/or construction of driveways which may be enacted by the Board of Supervisors.
DRIVEWAY, SHARED
A private drive providing access between a public or private street or access drive and a parking area for two units of residential occupancy or a farm, which shall comply in all respects with this chapter, the Road Ordinance [Chapter
21, Part
1], and any other ordinance regulating the placement and/or construction of driveways which may be enacted by the Board of Supervisors.
DWELLING
A building or portion thereof used exclusively for residential
occupancy as defined herein, including those types of dwellings listed
below, but not including hospitals, hotels, boarding, rooming, and
lodging houses, institutional houses, tourist courts, and any other
facility offering overnight accommodations for guests or patients
other than bed-and-breakfast establishments as defined herein. Dwellings
may include prefabricated units which are capable of being transported
to a site in whole or in part, provided the unit is permanently affixed
to the ground by means of a hard-surfaced foundation that will not
heave, shift or settle unevenly because of frost action, inadequate
drainage, vibration or other forces acting on the superstructure and
have permanent utility hookups (water, sewer, electric, etc.).
[Amended by Ord. No. 135, 11/2/2017]
A.
DWELLING, DETACHEDA building containing only dwelling units surrounded by yards or other open area on the same zoning lot.
C.
DWELLING, MULTI-FAMILY (MULTIPLE FAMILY)A detached building (apartment house) or group of attached buildings (townhouse/row) designed for or used exclusively for residence purposes by more than two families.
E.
DWELLING, SEMI-DETACHEDA building, arranged or designed to house two or more dwelling units, separated from each other by a vertical party wall, without openings, extending from the cellar floor to the highest point of the roof and separated from any other building or structures by space on all sides. Each half of the building shall be located on separate, abutting lots, with the vertical party wall located on the dividing lot line.
G.
DWELLING, SINGLE-FAMILY, DETACHEDA dwelling on a single lot designed and occupied exclusively as a residence for one family, including an individual mobile home not located in a mobile home park.
J.
DWELLING, TWO-FAMILYA building located on one zoning lot containing not more than two dwelling units, arranged one above the other or side by side, and not occupied by more than two families.
K.
DWELLING TWO-FAMILY, ATTACHEDA building used by two families and having two party walls in common with other dwellings, except in the case of an end-of-row unit which only has one side wall which is a party or lot-line wall.
M.
DWELLING TWO-FAMILY, SEMI-DETACHEDA building used by two families, with one dwelling unit arranged over the other, having one side yard, and one party wall in common with another building.
DWELLING UNIT
A building or portion thereof, forming a single habitable
unit with facilities including living, sleeping, cooking and eating
exclusively by one or more individuals living as a single housekeeping
unit and constituting a family as defined herein which are used for
residential occupancy as defined herein.
[Amended by Ord. No. 135, 11/2/2017]
EASEMENT
A right-of-way granted for limited use of private land for
a public, quasi- public, or private purpose not inconsistent with
a general property right of the owner, and within which the owner
of the property shall not have the right to use the land in a manner
that violates the right of the grantee.
ECHO HOUSING
An additional dwelling unit placed on a property for occupancy
by either an elderly, handicapped, or disabled individual related
to the occupants of the principal dwelling by blood, marriage, or
adoption and who requires an assisted living arrangement. For the
purposes of this section, a disabled or handicapped individual shall
be defined as one or more of the following:
A.
A person who has an inability to engage in any substantial gainful
activity by reason of any medically determinable physical or mental
impairment which can be expected to result in death or which has lasted
or can be expected to last for a continuous period of not less than
12 months.
B.
In the case of an individual who has attained the age of 55,
is blind, and by reason of such blindness is unable to engage in substantial
gainful activity requiring skills or abilities comparable to those
of any gainful activity in which he/she has previously engaged with
some regularity and over a substantial period of time. For the purposes
of this definition, the term blindness means central vision acuity
of 20/200 or less in the better eye with use of a correcting lens.
An eye which is accompanied by a limitation in the fields of vision
such that the widest diameter of the visual field subtends an angle
no greater than 20° shall be considered for the purposes of this
paragraph as having a central visual acuity of 20/200 or less.
C.
A person who is determined, pursuant to HUD regulations, to
have a physical, mental or emotional impairment that:
(1)
Is expected to be of long-continued and indefinite duration.
(2)
Substantially impedes his or her ability to live independently.
D.
Is of such a nature that the ability to live independently could
be improved by more suitable housing conditions; or, a person who
has a developmental disability, as defined in § 102(7) of
the Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001(8)), i.e., a person with a severe chronic disability that:
(1)
Is attributable to a mental or physical impairment or combination
of mental and physical impairments.
(2)
Is manifested before the person attains age 22.
(3)
Is likely to continue indefinitely.
(4)
Results in substantial functional limitation in three or more
of the following areas of major life activity: capacity for independent
living, economic self-sufficiency, learning, mobility, receptive and
expressive language, self-care, and self-direction.
ELDERLY PERSON
A person who is 62 years of age or more at the time of initial
occupancy.
ESSENTIAL SERVICES
The erection, construction, alteration, or maintenance, by
public utilities after PUC approval, or other governmental agencies,
or private corporations under contract to the Township, of gas, electrical,
telephone, steam or water transmission or distribution systems, and
sewage disposal systems, including buildings, enclosures, wells, pumping
stations, storage facilities, poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
light signals, hydrants, and other similar equipment and accessories
and services in connection therewith, reasonably necessary for the
furnishing of adequate service by such public utilities, or other
agencies, or private corporations under contract to a municipality
including buildings for fire companies and emergency services under
agreement with the Township, or for the public health or safety or
general welfare.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
FAMILY
For the purposes of this chapter, a family shall be defined
as follows:
A.
One or more persons related by blood (within and including the
degree of first cousin), marriage or adoption, including foster children,
living together in a single housekeeping unit and sharing all of the
facilities of that unit in common.
B.
Not more than two unrelated persons, persons related to either
or both of them by blood (within and including the degree of first
cousin) or adoption, and including foster children, provided, however,
that they live together in a single housekeeping unit and share all
of the facilities of that unit in common.
C.
One or more individuals with disabilities, as defined and protected
by the Federal Fair Housing Act, as amended, who live together primarily
for purposes relating to their disabilities as the functional equivalent
of a family in a shared living arrangement licensed or certified by
the appropriate County, Commonwealth or Federal agency.
FARM
A parcel of land 10 acres or more which is used in the raising
of crops, livestock, and livestock products, including necessary dwellings,
farm structures and the storage of equipment customarily incidental
to the principal use.
FARM DWELLING
A dwelling unit occupied by the farm owner, whether or not
he is fanning the land, a tenant of the farm owner who is either farming
the land or employed by the owner to assist in farming the land, or
by employed persons who are actively involved in the farming activities
and their families who receive housing in lieu of all or part of their
wages.
FARM DWELLING, ACCESSORY
An accessory farm dwelling is a second dwelling located upon
the land, which is part of the overall farm, having as its occupant(s)
an owner or one or more full-time laborers who is actively involved
in the farming activities (or any family member thereof) on the farm.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD ELEVATION
The projected height reached by floods of various intensities
and frequencies in the floodplain areas.
FLOOD-PROOFING
Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODPLAIN
An area of land adjacent to the channel of a watercourse
which has been or is likely to be flooded from the base flood of any
source.
FLOODPLAIN AREA
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.
FLOODWAY
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a 100-year
storm.
FLOOR AREA
The total floor area of a building, measured to the outside
surfaces of the exterior walls, excluding unimproved cellars or basements
used only for storage, storage attics, open porches, garages used
for vehicle storage, and similar uses.
FRONTAGE
The horizontal or curvilinear distance along the street line
upon which a lot abuts.
GARAGE, COMMUNITY
A building for use of storage space for more than three motor
vehicles. A garage of this type shall be presumed a business use.
GARAGE, PRIVATE
An accessory building used for the storage of motor vehicles
which may include one commercial vehicle, owned and operated by the
owner or occupant of the premises, and for the storage of not more
than three private noncommercial vehicles owned and operated by the
owner or occupants of the premises.
GEOTHERMAL ENERGY SYSTEM, CLOSED-LOOP
A type of geothermal heating or cooling system, not designed
or used for the generation of power, that utilizes a pressurized heat
exchanger consisting of pipe, a circulating pump, and a water-source
heat pump in which the heat transfer fluid is not exposed to the atmosphere.
The heat transfer fluid is potable water and may have approved antifreeze
added. There are two kinds of closed loop systems:
A.
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA borehole that extends vertically beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
B.
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; and an air distribution system. An opening is made in the earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a horizontal closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back.
GEOTHERMAL ENERGY SYSTEM, OPEN LOOP
A type of geothermal heating or cooling system that utilizes
a water-supply well and a water pump to deliver ground water to a
water-source heat pump. The discharge water from the water-source
heat pump may be returned to the subsurface through a recharge well
or infiltration bed or may be discharged into a pond, lake or stream.
A spring may also be the source of the ground water supply.
GRAIN STORAGE/COMMERCIAL FEED MILL
An operation where the principal use of the lot involves
the storage and/or processing of grains and/or feedstuffs for livestock
and poultry consumption.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
B.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
C.
Individually listed on a State inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior.
D.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
(1)
By an approved State program as determined by the Secretary
of the Interior.
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HOME OCCUPATION
A business or commercial activity other than a no-impact
home-based business or rural occupation that is conducted as an accessory
use to a single-family detached dwelling.
HORTICULTURE
The growing of fruit, vegetables, flowers, ornamental plants,
or trees for a profit.
HOTEL
A building containing seven or more guest rooms in which
lodging is provided and offered to the public for compensation and
which is open to transient guests, together with commercial accessory
uses, such as food and beverage services, recreational services, conference
rooms and convention services, or laundry services, operated primarily
for the convenience of the guests thereof. The term Hotel shall be
deemed to include: motels, tourist courts, and inns.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter
as being inundated by the 100-year flood. The identified floodplain
area shall consist of the following specific areas:
A.
FW (FLOODWAY AREA)The area identified as "Floodway" in the AE zone in the Flood Insurance Study by FEMA. The term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.
B.
FF (FLOOD-FRINGE AREA)The remaining portions of the 100-year floodplain in those areas identified as an AE Zone in the Flood Insurance Study where a floodplain has been delineated.
C.
The basis for the outermost boundary of this area shall be the
100-year flood elevations shown in the flood profiles contained in
the Flood Insurance Study.
IMPERVIOUS SURFACE
A surface of a lot that has been compacted or covered with
material to the extent that it is highly resistant to infiltration
by water. In addition to, but not limited to, conventional impervious
surfaces such as paved streets, roofs, compacted stone, sidewalks,
driveways and parking areas, impervious cover shall consist of the
following surfaces when routinely used by motor vehicles: graveled
areas, paver blocks (including voids), bricks and cobblestones.
INDOOR COMMERCIAL RECREATION FACILITY
A gainful activity or business, open to the public for the
purpose of public recreation or entertainment, in which all activities
are contained within a closed structure, including, but not limited
to, bowling alleys, motion picture theaters, health clubs, etc.
[Added by Ord. No. 134, 5/4/2017]
INDUSTRIAL USES
A.
General Industrial Use. A use:
(1)
Involving the processing and manufacturing of semi-finished
and/or finished materials or products predominately from extracted
and/or raw materials.
(2)
Engaged in the storage of, manufacturing processes using, and/or
shipping of flammable or explosive materials.
(3)
Engaged in the storage, manufacturing processes, and/or shipping
of materials or products that potentially involve hazardous or commonly
offensive conditions.
(4)
Due to the nature of the processes, should not be located adjacent
to residential areas.
B.
Limited Industrial Use. A use:
(1)
Involving the manufacturing, predominately from previously prepared
semi-finished or finished materials products or parts, finished materials
and products, including processing, fabrication, assembly, treatment,
packaging, incidental storage, sales and distribution, as well as,
the repair of such finished products; but:
(2)
Excluding the processing of extracted and/or raw materials.
(3)
Due to the nature of the inoffensive nature of the processes
and site amenities including attractive buildings, setbacks, landscaping
and screening, are compatible with neighboring residential uses.
JUNK
Any worn, cast-off, discarded or stored material including,
but not limited to, unlicensed vehicles, machinery, and equipment
ready for destruction or which has been collected for salvage, or
conversion to some use.
JUNKYARD
The use of more than 100 square feet of the area of any lot,
or 400 square feet in the case of a farm, in all zoning districts
except the I-Industrial, for the storage, keeping, or abandonment
of junk. The deposit or storage on any lot of one or more unlicensed,
wrecked, or disabled vehicles, or the major part thereof, shall be
deemed to constitute a junkyard. A disabled vehicle is one that is
not operable under its own power for any reason, or a vehicle that
does not have a valid current registration plate, or that has an inspection
certification which is more than 60 days beyond the expiration date.
KENNEL
A structure on any lot in which animals (except livestock,
horses, or poultry) are kept, boarded, raised, bred, treated, or trained
for a fee, including, but not limited to, dog or cat kennels.
LABORATORIES FOR SCIENTIFIC OR INDUSTRIAL RESEARCH AND DEVELOPMENT
Uses intended for research, testing and development of new
or improved products and processes exempting those facilities which
conduct research requiring the presence of live animals or animal
carcasses or any of the uses specifically prohibited under the definition
of agricultural sciences support operation or any other provision
of this chapter.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(1)
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,
(2)
The division or allocation of land or space, whether proposed
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.
B.
Land development shall not include the following:
(1)
The conversion of an existing single-family detached dwelling
or single-family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
(2)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
(3)
The addition or conversion of buildings or rides within the
confines of an enterprise that would be considered an amusement park.
(a)
For purposes of this clause, an amusement park is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
(4)
A building addition to an existing nonresidential principal
structure, provided that:
(a)
The addition does not create a need for any additional parking,
per this chapter.
(b)
The addition does not, in accordance with the Pennsylvania Sewage
Facilities Act, Act 537 of 1966, 35 P.S. § 750.1 et seq.,
as amended, create the need for a sewer facility plan revision (plan
revision module for land development), or supplement.
(c)
The addition is not for the creation of additional units of
occupancy.
(d)
The addition does not require approval from the Zoning Hearing
Board.
(e)
The addition complies with all provisions of applicable Township
ordinances.
(f)
For the purpose of this nonresidential principal structure exemption
clause, the building addition exemption criteria shall be reviewed
cumulatively from the date of this chapter. The net addition size
shall be the sum of all additions after the date of the adoption of
this chapter.
LAND USE ORDINANCE
Any ordinance or map adopted pursuant to the authority granted
in the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
53 P.S. § 10101 et seq., as amended (MPC).
LANDSCAPING
Landscaping shall include, but not be limited to, grass and
other plantings such as trees, shrubs, and bushes, and may also include
mulch and/or decorative stone.
LINE, BUILDING SETBACK
The line of a structure or building existing at the effective
date of this chapter or the legally established line which determines
the location of a future building or structure or portion thereof
with respect to any lot line.
LINE, PROPERTY
A recorded boundary of a plot. Any property line which abuts
a street or other public way shall be measured from the right-of-way.
LIVESTOCK
Any living creature maintained for commercial use or profit,
but not customarily maintained as a pet.
LOT
A designated parcel, tract, or area of land to be established
by a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
LOT AREA
The area contained within the property lines of the lot as
shown on a subdivision plan, not including any area within a street
right-of-way.
LOT COVERAGE
A percentage of the lot area which may be covered with an
impervious surface to include driveways, sidewalks, buildings, parking
areas, streets, and all other areas defined as "impervious" by this
chapter.
LOT LINE
A line dividing one lot from another or from a street or
alley.
A.
LOT LINE, FRONTFront lot line shall mean the line separating such lot from any street or other public way.
B.
LOT LINE, REARRear lot line shall mean that lot line which is opposite and most distant from the front line. In the case of corner lots, the owner shall, for the purpose of this chapter, have the privilege of selecting any lot line; other than one of the front lot lines, to be the rear lot line; provided that such choice, in the opinion of the Zoning Officer will not be injurious to the existing or the desirable future development of adjacent property.
LOT WIDTH
In the case of an interior lot, lot width shall be the horizontal
distance measured at the minimum building setback line between the
side lot lines. In the case of a corner lot, lot width shall be the
horizontal distance measured at the minimum building setback line
between each front lot line and its opposite lot line. Such distance
shall be measured along a straight line which is at right angles to
the axis of a lot. The mean lot width shall be not less than the required
lot width.
LOT, INTERIOR
A lot other than a corner lot and the sides of which do not
abut a street.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
non-elevation design requirements of this chapter.
MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and similar
vehicles which are placed on a site for more than 180 days.
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
MANUFACTURED HOME PARK
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
MANUFACTURING
The processing and/or converting of raw, unfinished, or finished
materials or products or any or either of them into an article or
substance of different character or for use for a different purpose;
industries furnishing labor in the case of manufacturing or the refinishing
of manufactured articles.
MANURE STORAGE FACILITY
A structure built to store manure for future use, including,
but not limited to, underground storage, in-ground storage, trench
silos, earthen banks, stacking areas, and above ground storage. Commercial
waste storage facilities are those which are owned and operated for
profit to provide animal waste storage services to the agricultural
community.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating a written agreement which
the parties themselves create and consider acceptable.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit-way requirements; nor shall minor
repairs include addition to, alteration of; replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electrical wiring or mechanical
or other work affecting public health or general safety.
MOBILE HOME
A transportable, single-family dwelling unit, containing
a minimum of 800 square feet of floor area, 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 homes placed in parks shall meet the requirements of Part 14
and the applicable subdivision and land development ordinance. For
floodplain purposes, the term includes park trailers, travel trailers,
recreational and other similar vehicles which are placed on a site
for more than 180 consecutive days.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
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.
MOBILE HOME STAND
That part of an individual mobile home space which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
MUNICIPAL USE
Any use owned or operated by the Township or an authority
created by the Township.
MUNICIPALITIES PLANNING CODE (MPC)
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as reenacted and amended by Act 170 of
1988, and as subsequently amended, 53 P.S. § 10101 et seq.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after April 2, 1981, and includes any subsequent improvements
thereto.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pick-up, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
all of the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
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.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activities.
NONCONFORMING LOT
A lot, 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 and nonconforming
accessory structures.
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.
NONRESIDENTIAL
Any use other than single-family dwellings or multiple family
dwelling buildings. An institutional use in which persons reside,
such as dormitory, prison, nursing home, or hospital, shall be considered
a nonresidential use.
NORMAL FARMING OPERATIONS
The customary and generally accepted activities, practices,
and procedures that farmers adopt, use, or engage in year after year
in the production and preparation for market of crops, livestock and
livestock products and in the production and harvesting of agricultural,
agronomic, horticultural, silvicultural, and aquacultural crops and
commodities.
ON-FARM OCCUPATION
A business or commercial activity that is conducted by the
farmer in residence as an accessory use to a tract of land at least
30 acres in area where the primary economic activity is agricultural
and which does not change the agricultural character thereof.
OUTDOOR COMMERCIAL RECREATION FACILITY
A gainful activity or business, open to the public for the
purpose of public recreation or entertainment, in which all activities
are conducted outdoors, including, but not limited to, golf courses,
ski resorts, batting cages, paintball areas, etc.
[Added by Ord. No. 134, 5/4/2017]
OUTDOOR HYDRONIC HEATING SYSTEM
A fuel-burning device, also known as an outdoor wood-fired
boiler, outdoor wood-fired furnace or outdoor wood-burning appliance,
designed:
A.
To burn clean wood or other fuels that have been approved in
writing by the Pennsylvania Department of Environmental Protection.
B.
By the manufacturer specifically for outdoor installation or
installation in structures not normally intended for habitation by
humans or domestic animals (e.g., garages).
C.
To heat building space or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture.
PARENT TRACT
When used in determining the permissible number of lots which
may be subdivided or dwellings erected in the E-S Ecologically Sensitive
District, the A-1 Agricultural District or the A-2 Agricultural District,
all contiguous land held in single and separate ownership, regardless
of whether:
A.
Such land is divided into one or more lots, parcels, purparts
or tracts.
B.
Such land was acquired by the landowner at different times or
by different deeds, devise, partition or otherwise.
C.
Such land is bisected by public or private streets or rights-of-way,
which was held by the landowner or his predecessor in title on December
24, 1989, or, if such land was not classified as E-S Ecologically
Sensitive District, A-1 Agricultural District or A-2 Agricultural
District on December 24, 1989, which was held by the landowner or
his predecessor in title on the date such land was first classified
as E-S Ecologically Sensitive District, A-1 Agricultural District
or A-2 Agricultural District after December 24, 1989.
PARKING AREA
An area on a lot utilized for the parking of vehicles for
a single unit of occupancy, a farm or two vehicles within a land development.
PARKING COMPOUND
An area on a lot containing any use other than an agricultural
use or one single-family detached dwelling for the parking of three
or more vehicles.
PARKING GARAGE
A building where vehicles may be stored for short-term, daily
or overnight off-street parking.
PARKING LOT
An area not within a building where motor vehicles may be
stored for the purposes of temporary, daily or overnight off-street
parking.
PARKING SPACE
An off-street space available for the parking of a vehicle.
The minimum area required for a single space shall be as provided
in this chapter. The minimum number of parking spaces required for
any uses other than dwelling units shall not include space within
garages. Parking spaces shall not be obstructed by another parking
space or by any other structural impediments to vehicular access.
PERSON
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or an other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
PRIVATE SCHOOL
An educational institution offering a curriculum approved
by the Department of Education and which is not administered by the
Cocalico School District.
PROFESSIONAL OFFICE
A place where the primary use is conducting the affairs of
a business, profession, service, or government, including administration,
record keeping, clerical work, and similar business functions. A professional
office shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products; or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
PUBLIC FACILITY
A use, structure or facility owned, provided or maintained
by West Cocalico Township, the West Cocalico Authority, Cocalico School
District, a public or private utility company, homeowners association,
or other bona fide entity recognized by West Cocalico Township.
PUBLIC SEWER
An approved system of providing sanitary sewage collection,
treatment, and disposal for multiple users which is owned and/or operated
by a municipal authority or a municipal governing body.
PUBLIC SPACE
A plot or area of land outside the building dedicated or
devoted to public use by legal mapping or any other lawful procedure.
PUBLIC UTILITY
Any utility coming under the jurisdiction of the Public Utility
Commission of Pennsylvania.
PUBLIC WATER
An approved system of providing public water to multiple
users, properly purified, which is owned and/or operated by a municipal
governing body or a municipal authority.
QUARRYING
The extraction of minerals by surface mining.
RECREATIONAL VEHICLE
A vehicle which is (A) built on a single chassis; (B) not
more than 800 square feet, measured at the largest horizontal projections;
(C) designed to be self-propelled or permanently towable; (D) not
designed for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
RECYCLING CENTER
Any facility which is involved in the recycling of paper,
glass, and metal products, including the collection and storage of
such materials on-site following recycling.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each flood event, on average, equals or exceeds 25% of
the market value of the structure before the damages occurred.
REPORT
A written document such as a letter, review, or memorandum
made by any body, board, officer, or consultant other than a solicitor
for the purpose of rendering or assisting in the rendering of a decision
or a determination.
RESIDENTIAL ACCESSORY BUILDING
A detached building, which is not used as a dwelling, on
a residential lot in which the use of the building is incidental and
subordinate to the principal residential use of the lot.
RESIDENTIAL OCCUPANCY
The nontransient occupancy of a dwelling unit by one family
for a continuous period of 30 or more days. In order for the occupancy
of a dwelling unit to be considered residential occupancy, such dwelling
unit shall be owner-occupied or shall be leased for a period of not
less than 30 continuous days.
[Added by Ord. No. 135, 11/2/2017]
RETAIL, RETAIL SALES
A commercial operation whose primary activities involve the
wholesale purchasing of goods and products and the display and retail
sales and rent-to-own of goods and products to the general public.
This term shall not include any adult-related facilities as defined
herein.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major street
and a minor street with vehicular access solely from the latter.
RIDING SCHOOL or HORSE BOARDING STABLE
A commercial establishment where horses may be kept, bred,
trained and/or exercised and where equestrian instruction and equestrian
competition may be offered, including but not limited to polo clubs,
public show rings and rodeos.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street,
alley, pedestrian way, or for other specified public or private use.
RURAL OCCUPATION
A commercial or industrial activity that is conducted as
an accessory use to the primary agricultural or residential use of
a lot by a resident of the lot, which activity is clearly incidental
and subordinate to the agricultural or residential use of the lot
and which is conducted in an accessory structure on the lot.
SCHOOL
A public or privately-owned educational institution offering
a curriculum approved by the Department of Education.
SCHOOL, COMMERCIAL
A school conducted for profit for such instruction as business,
art, music, trades, handicrafts, or dancing.
SCREENING
The use of plant or landscaping materials, fencing, walls
and/or earthen berms to aid in the concealment of one element of a
use or property from other elements or from adjacent or contiguous
development.
SETBACK
The required horizontal distance between a setback line and
a property or street right-of-way line.
SHOPPING CENTER
A group of retail stores, offices, and/or service businesses
planned and designed for the site on which they are built, functioning
as a unit, with off-street parking provided on the property as an
integral part of the unit.
SHORT-TERM RENTAL
The use of a dwelling in a manner which does not meet the
definition of "residential occupancy," i.e., the occupancy of the
dwelling by one family for a period of less than 30 continuous days.
The use of a dwelling as an approved bed-and-breakfast establishment
as an accessory use shall not be considered a short-term rental.
[Added by Ord. No. 141, 5/21/2018]
SIGNS
Any advertisement, announcement, direction, or communication
produced in whole or in part by construction, erecting, affixing,
or placing a structure on land or any other structure, or produced
by painting, pasting, or otherwise placing any printed, lettered,
pictured, figured, or colored material on any building, structure,
or surface, not including lettering or other identification which
is a part of the architectural design of the building.
SOLAR ENERGY SYSTEM, ACCESSORY
An alternative energy system consisting of one or more roof
and/or ground mounted solar collector devices, including photovoltaic
shingles and solar related equipment, which is intended primarily
to reduce on-site consumption of utility power.
SOLAR ENERGY SYSTEM, PRINCIPAL
An alternative energy system used principally as a generator
of power for off-site consumption and consisting of one or more ground-
or roof-mounted solar collector devices, solar-related transmission
and monitoring equipment, and other ancillary structures and buildings
used for light reflectors, concentrators and heat exchangers, substations,
electrical infrastructure, and transmission lines.
SOLID WASTE DISPOSAL AND PROCESSING FACILITIES
Any sanitary landfill, mass burn facility, or processing facility which accepts, disposes, and/or processes garbage, refuse, and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural, and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter
1, Part 261, dated July 1, 1984, or as amended.
SPECIAL EXCEPTION
A use permitted in a particular zoning district which may
be approved if specifically allowed by this chapter subject to all
specific criteria being met for the use.
SPECIAL PERMIT
A document evidencing required approval of hospitals, nursing
homes, jails, new manufactured home parks and substantial improvements
to such manufactured home parks, when development is located in all,
or a designated portion of a floodplain.
STREET
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular and
pedestrian travel, and furnishing access to abutting properties, which
may also be used to provide space for sewers, public utilities, stormwater
management facilities, shade trees, and sidewalks. Street includes
avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct,
and any other ways used or intended to be used by vehicular traffic
or pedestrians whether public or private, but not including access
drives and driveways.
A.
STREET, PRIVATEA street which is not owned by West Cocalico Township or PennDOT. West Cocalico Township shall not be responsible for any type of maintenance or snow removal on any private street.
B.
STREET PUBLICA public thoroughfare including a street, road, lane, alley, court, or public space which has been dedicated or deeded to the public for public use which has been accepted by the Township and which affords principal means of access to abutting property.
STRUCTURE
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to the land.
STRUCTURE, ACCESSORY
A structure on the same lot with, and of a nature customarily
incidental and subordinate to the principal structure on the lot.
SUBDIVISION
The division or re-division of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; 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.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not,
however, include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
B.
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
TEMPORARY FARM EMPLOYEE HOUSING
A mobile home structure located on a farm for use as living
quarters for employees of the owner(s) of the farm and the families
of such employees.
[Added by Ord. No. 134, 5/4/2017]
TOWNSHIP
West Cocalico Township, Lancaster County, Pennsylvania, as
represented by the Board of Supervisors, or its duly authorized agents.
UNIFORM CONSTRUCTION CODE (UCC)
The Statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities
whether administered by the municipality, a third party, or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the Commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
URBAN GROWTH AREAS
Areas as may be established within West Cocalico Township
from time to time that contain sufficient buildable lands to meet
the future land use needs of West Cocalico Township. The urban growth
areas delineate areas appropriate for urban growth apart from areas
intended for agricultural, rural and resource uses. The urban growth
areas are given official standing by their incorporation on the future
land use maps of and adoption in the West Cocalico Township and Lancaster
County Comprehensive Plans.
USE
The purpose for which land, structure, sign, or a building
is arranged, designed, or intended, or which either land, structure,
sign, or a building is or may be used, occupied, or maintained.
A.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of a building or structure or principal use of the land, and located on the same lot as the principal use.
B.
PRINCIPAL USEThe main or primary purpose for which land, a structure, building, and/or sign, or use thereof, is designed, arranged, or intended, or for which they may be occupied or maintained under this chapter.
VARIANCE
Relief from any provision(s) of this chapter which is granted
by the Zoning Hearing Board pursuant to the provisions of Articles
VI and IX of the Municipalities Planning Code, 53 P.S. §§ 10601
et seq., 10901 et seq.
VILLAGE GROWTH AREAS
Areas as may be established within West Cocalico Township
from time to time that include a village at their center. The village
growth areas delineate areas appropriate for village growth apart
from areas intended for agricultural, rural and resource uses. The
village growth areas are given official standing by their incorporation
on the future land use maps of and adoption in the West Cocalico Township
and the Lancaster County Comprehensive Plans.
WIND ENERGY SYSTEM, ACCESSORY
An alternative energy system consisting of a wind turbine,
tower, and associated control or conversion electronics, which is
intended primarily to reduce on-site consumption of utility power.
WIND ENERGY SYSTEM, PRINCIPAL
An alternative energy system that is used principally as
a power generator for off-site consumption and consists of one or
more wind turbines and ancillary structures and buildings, substations,
meteorological towers, electrical infrastructure, and transmission
lines.
WIND TURBINE
A wind energy system that converts wind energy into electricity
through the use of a wind turbine generator. It includes the nacelle,
rotor, tower, and pad transformer, if any.
WOODED AREAS
Areas or stands of trees greater than 10,000 square feet
in area, the majority of which are greater than 12 inches caliper.
YARD
The area between a building or structure which is regulated
by this chapter and property lines. Overhanging eaves, gutters, and
cornices shall not be considered an infringement of the yard requirements.
A.
FRONT YARDThe required open space between the street right-of-way and the front line of the principal building.
B.
SIDE YARDThe required open space between any side lot line and the principal building and extending from the front building setback line to the rear building setback line.
C.
REAR YARDThe required open space between the rear line of the principal building and the rear line of the lot and extending the full width of the lot.