Unless otherwise specifically stated or defined, the following terms or words used with this chapter shall be construed as defined below:
ACCESS DRIVEAn improved cartway or paved service road that is located, designed and constructed in order to provide internal vehicular access between the public or private road and through the off-street parking or loading area for the designated use. The term "access drive" shall be synonymous with the term "access lane."
ACCESS POINTA clearly defined point of ingress and egress for vehicles at the street line.
ACCESSORY BUILDINGA detached, subordinate building, the use of which is customarily incidental to that of the principal building, and which is located on the same lot as that occupied by the principal building.
ACCESSORY STRUCTUREA detached or subordinate structure, the use of which is customarily incidental 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.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot such principal use or building. Refer also to the definitions contained under "Floodplain Overlay District" and "use."
ACREOne acre is equal to 43,560 square feet.
ACTThe Pennsylvania Municipalities Planning Code, as amended, revised and/or codified.
ACT 247The Pennsylvania Municipalities Planning Code, as amended, revised and/or codified.
ACT 537The Pennsylvania Sewage Facilities Act, as may be amended.
ACT 537 PLANThe East Lampeter Township Sewage Facilities Plan, as adopted by the Board of Supervisors in accordance with Pennsylvania Act 537, as amended.
ADJACENTThe state of being side by side, next to or adjoining one another. The term "adjacent" shall also be synonymous with the term "adjoining."
ADMINISTRATIVE OFFICEAn accessory or subordinate use to a permitted nonresidential use that is conducted within a defined space of a principal building, which is generally occupied by employees, equipment and supplies in order to facilitate the functions of the permitted nonresidential use.
ADULT USEAny business or entertainment uses that are further classified and defined by this chapter and the State Obscenity Code. The supplemental regulations for adult uses are further specified under §
375-23020 of this chapter. The following definitions, provisions and examples are hereby provided to identify an adult use either as a standalone use or in combination with any other uses.
(1) An establishment having as a substantial or significant portion of its stock-in-trade or in which are displayed or viewed, magazines, periodicals, books, drawings, photographs, videos, paraphernalia, or other materials that are distinguished or characterized by their emphasis on depicting, describing, or displaying sexual activities or conduct or exposed male or female genital areas.
An establishment or place of assembly to which adult persons are permitted or invited to view or participate in the following uses:
(a) The use has all or a substantial or significant portion of its stock-in-trade consisting of any the following items, whether alone or in combination:
[1] Books, magazines or other periodicals as well as films or other forms of audio or visual representation that are distinguished or characterized by an emphasis on depiction, description, or display of sexual activities or conduct or exposed male or female genital areas;
Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct; and/or
The use has coin-operated or token-operated devices that are electronically or mechanically controlled motion picture machines, projectors, or other image-producing devices maintained to show images, with or without sound, where the images so displayed are distinguished or characterized by an emphasis on depiction, description, or display of sexual activities or conduct or exposed male or female genital areas; and/or
The use features male and/or female entertainers who engage in activities, such as topless or bottomless dancing or stripping, or persons whose performance or activities include simulated or actual sex acts; and/or
The use offers its patrons any other retail goods, services, or entertainment which is characterized by an emphasis on matter or activities relating to, depicting, describing or displaying sexual activity or conduct or exposed male or female genital areas.
The following specific uses are examples of adult uses, but shall not be considered the only types of adult uses:
(a) ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
ADULT BODY PAINTING AND/OR TATTOO STUDIOAny establishment or business which provides the service of applying, covering or injecting either paint, ink, or other substances, whether transparent or non-transparent on anatomical areas.
ADULT BODY PIERCING STUDIOAny establishment or business which provides the service of piercing or penetration to parts of the body with earrings, studs, rings, jewelry and other items, whether transparent or nontransparent on anatomical areas.
ADULT BOOKSTOREAny establishment which has as a substantial or significant portion of its stock-in-trade:
[1] Books, films, magazines, periodicals, or other forms of audio or visual representation, which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and/or
Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar, or other establishment that features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MASSAGE ESTABLISHMENTAny establishment or business that provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist, or massage therapist who is both nationally certified in the practice of therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork, and who is a professional member with active status in good standing of the American Massage Therapy Association.
ADULT MINI MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment that meets the requirements established by the Education Code of the Commonwealth of Pennsylvania, and is in fact authorized there under, to issue and confer a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for consideration that provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWS RACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner who is licensed by the Commonwealth of Pennsylvania to engage in sexual therapy.
ADULT THEATERA theater, concert hall, auditorium, or similar establishment, either indoor or outdoor, that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
OTHER ADULT USESAny other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
The following subordinate definitions of "adult uses" are included in order to provide clarification concerning the terms "specified anatomical areas" and "specified sexual activities":
(a) SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areola, and human male genitals in a discernibly turgid state even if completely and opaquely covered.
[1] Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, any zooerasty.
Clearly depicted human genitals in a state of sexual stimulation, arousal, or tumescence.
Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.
Fondling or touching of nude human genitals, pubic region, buttocks, or female breast.
Masochism, erotic or sexually oriented torture, beating, or the infliction of pain.
Erotic or lewd touching, fondling, or other contact with an animal by a human being.
Human excretion, urination, menstruation, vaginal, or anal irrigation.
AGRICULTURAL CONTROL FILTER STRIPA strip of grass, trees or shrubs that filters runoff and removes sediment, fertilizer, pesticides, herbicides, fungicides or other poisons before they reach water bodies or water sources, including wells.
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products; and/or 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. For the purposes of this chapter, this term excludes "nursery," "commercial greenhouse," "hydroponics," "residential gardens," "cervidae livestock operation," "concentrated animal operation (CAO)," "concentrated animal feeding operation (CAFO)," as defined by this chapter. The provisions that specifically apply to agricultural operations are contained under §
375-23030 of this chapter.
The tilling of the soil, the raising of crops, horticulture, and the keeping or raising of livestock and other similar animals for commercial distribution in accordance with the provisions specified by state and federal agencies with jurisdiction. This definition also includes noncommercial greenhouses and mushroom houses as well as the processing and retail sale of goods produced on the farm. This definition also includes uses devoted to research into agricultural technology that would change the conduct of normal farming operations. This definition does not include concentrated animal feeding operations, concentrated animal operations, hydroponics, as defined by this chapter.
AIRPORTAny area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. The provisions relating to an airport are further specified under §
375-21030 and §
375-23040 of this chapter.
A special overlay of land, water and air space established for the purposes of creating and identifying a variety of features and zones including: runways, runway approach zones; transitional zones, horizontal zones; and conical zones. In addition, height limitations and land use restrictions were created to protect the health, safety and general welfare of the aircraft as well as those residents and buildings located on the ground. The term "Airport Overlay District" shall also be synonymous with the term "Airport Hazard Area," which is recognized and regulated by the Pennsylvania Department of Transportation and the Federal Aviation Administration. The provisions of the Airport Overlay District are further specified under §
375-21030 of this chapter and the reference zones are depicted on an insert of the Zoning Map. The following terms and categories shall specifically apply to the Airport Overlay District:
(1) AIRCRAFTAny contrivance, except an unpowered hang glider or parachute, used for manned ascent into flight through the air.
AIRPORT ELEVATIONThe highest point of an airport's usable landing area measured in feet above sea level. The airport elevation for the Lancaster Airport is 403 feet above sea level and the airport elevation for the Smoketown Airport is 370 feet above sea level.
AIRPORT HAZARDAny structure, object (natural or man-made), or use of land that obstructs the airspace required for flight or aircraft in landing or taking off at an airport, or is otherwise hazardous as defined by "Airport Hazard Area" within this chapter as well as by the laws specified of the Pennsylvania Department of Transportation and the Federal Aviation Administration.
AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in this chapter as well as by the laws specified of the Pennsylvania Department of Transportation and the Federal Aviation Administration. The zones are depicted on an insert of the Zoning Map. The term "Airport Hazard Area" shall also be synonymous with the term "Airport Overlay District."
APPROACH SURFACE ZONEAn imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach.
CONICAL SURFACE ZONEAn imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet.
FAAFederal Aviation Administration of the United States Department of Transportation.
HEIGHTFor the purpose of determining the height limits in all zones set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE ZONEAn imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach.
LARGER THAN UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
NONCONFORMING USEAny legally preexisting structure, object of natural growth, or use of land which does not conform or is inconsistent with the provisions of this chapter or any amendment thereto.
NONPRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precisions approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE ZONEAn imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
STRUCTUREAn object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
TRANSITIONAL SURFACE ZONEAn imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically.
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
ALL-WEATHER SURFACEA street, access lane, pathway, parking area and/or loading area, which is improved with a sufficient base and paving materials that are capable of accommodating pedestrian and/or vehicular traffic when exposed to all weather conditions throughout the calendar year.
ALLEYA minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.
ALTERATIONSAny exterior structural addition to a building; any renovation to a building which would change its use; any change or rearrangement in the structural parts of a building such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls; the moving of a building from one location or position to another.
ALTERNATIVE ENERGY FACILITYA private facility capable of converting solar, water, wood, fire and/or wind into a viable energy source and utility provisions for a permitted use. Such facilities may include solar panels, wind turbines, geothermal heat pumps, wood-fired boilers and/or other similar alternative energy facilities. The provisions specified for alternative energy facilities are contained under §
375-23050 of this chapter. The following terms shall specifically apply to alternative energy facilities:
(1) ALTERNATIVE ENERGYA source of energy generated from solar, water, wind, wood, fire, geothermal or similar sources, which is capable of providing energy and utility provisions to a permitted use.
ATTACHED ALTERNATIVE ENERGY FACILITYA facility that is physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building in accordance with all pertinent zoning, utility and building code requirements.
CLEAN WOODNatural wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with copper chromium arsenate, creosote, pentachlorophenol, or other substances that may be detrimental to the health, safety or general welfare of nearby residents.
FACILITY OWNERThe entity or entities having an ownership interest in the alternative and/or emerging energy facility, including their successors and assigns.
FREESTANDING ALTERNATIVE ENERGY FACILITYA facility that is not physically mounted, attached and/or connected (except utility and energy transfer connections) to a permitted principal building. All such facilities shall be considered a separate or accessory structure that has the abilities to convert and convey energy to the principal use in accordance with all pertinent zoning, utility and building code requirements.
GEOTHERMAL HEAT PUMPAn energy system utilized for heating and cooling purposes through a series of heat-exchanging pipes or tubes integrated into the ground, groundwater or surface water with a heat-exchanging media that flows through a closed loop system. A pump forces either water or air through the system where it either gains or loses temperature before it circulates back to the heat pump.
HUB HEIGHTThe distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade or other accessory components are attached.
LANDOWNERAny person(s) or entity owning property within East Lampeter Township.
LOCAL SERVICE AREA FACILITYA facility located on a conforming lot as a single use or in combination with other permitted uses, which provides alternative energy via a solar, wind or geothermal system within a 3,000 linear foot service area, as measured from the energy source to the permitted uses accepting the service. A "local service area facility" shall be classified and regulated as an "alternative energy facility."
MANURE DIGESTERA method for processing organic sludge generally resulting from the biological treatment of solid or liquid waste through activated sludge processes. Under this process the organic sludge is treated in the absence of oxygen to generate energy as well as reduce the quantity of sludge by breaking down the organic matter. The resultant sludge is rich in nutrients and organic matter, which may improve soil conditions for agricultural operations. A "manure digester" may also be referred to as a "biomass facility."
NONPARTICIPATING LANDOWNERAny landowner except those on whose property all or a portion of an alternative and/or emerging energy facility is located pursuant to the provisions of this chapter.
OPERATORThe entity responsible for the day-to-day operation and maintenance of the alternative and/or emerging energy facility.
OCCUPIED BUILDINGA building located on a parcel of land utilized as a permitted use in accordance with the provisions of East Lampeter Township.
PRIVATE ENERGY AND UTILITY PROVIDERA principal use owned, operated and/or maintained by a private or independent utility company for the purposes of providing energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code.
SOLAR ENERGY SYSTEMSA system that converts solar energy into thermal or electrical energy. The solar energy is collected through solar cells, modules and/or panels and then transferred to an inverter (DC to AC power), which can be utilized as an electrical source or transferred into the utility grid system.
TURBINE HEIGHTThe distance measured from the surface of the tower foundation to the lowest and/or highest point of the turbine rotor plane.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a generator, which may include a nacelle (shroud/cover), rotor, tower, transformer pad, blades, spirals, helixes and/or and the supporting energy apparatus.
WIND ENERGY FACILITYAn electric generating facility, whose main purpose is to convert and supply electricity to a permitted use. Such facilities may include wind turbines, blades, spirals, helixes and/or other accessory wind generating structures, which may also include buildings, substations, meteorological towers (for weather monitoring), electrical infrastructure, transmission lines and other appurtenant structures and facilities.
WOOD-FIRED BOILERAn alternative energy facility designed to burn clean wood or other permitted solid fuels, which transfers heated air or liquid through a piping or ventilation system. All such systems are generally contained within an accessory structure that is not intended for habitation by humans or animals. An outdoor wood-fired boiler may also be known as outdoor wood-fired furnaces, outdoor wood-burning appliances, outdoor hydraulic heaters and/or waterstoves, which are designed, installed and operated in accordance with state and federal air quality and emission requirements.
AMBIENT NOISE LEVELThe sound pressure level at a given location, normally specified as a reference level to study a new intrusive sound source. The term "ambient noise level" may also be referred to as background noise level.
AMUSEMENT ARCADEAn accessory commercial use contained within a building occupied by a permitted commercial use within the General Commercial (C-2) Zoning District and Regional Commercial (C-3) Zoning District, which includes amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeet-ball, electronic or water firing ranges and other similar devices) for the patrons or customers. This definition does not include any permitted uses containing less than eight such amusement devices as an accessory use within any zoning district.
AMUSEMENT PARKA lot used principally as a location for permanent amusement structures, rides, or activities. The provisions that specifically pertain to an amusement park are contained under §
375-23060 of this chapter.
A standardized measure that enables regulation of density or intensity of animal population upon an area of land. One AEU is equivalent to 1,000 pounds of animal(s), including both animals customarily raised as livestock as well as animals kept as pets.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including, but not limited, to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
APPROVED PRIVATE STREETA right-of-way which provides the primary vehicular access to a lot, not dedicated or deeded to the Township, but approved by the Board of Supervisors and shown on a recorded subdivision or land development plan.
ARCHERY PARKA facility designed and constructed to allow persons to practice archery using targets at different distances for the purpose of marksmanship, recreation, competition, skill development, training, or any combination thereof and for hosting leagues, tournaments and special events related to archery. Archery parks can be indoor or outdoor and outdoor ranges can be partially or fully covered.
ARCHITECTAn architect registered by the Commonwealth of Pennsylvania.
ARCHITECTURAL FEATUREA design element applied to the facade of a building that may include features such as recesses, openings, windows, cornices, quoins, porticos, vertical articulations, medallions, stonework, trellises, stylized lighting features, structural details and/or variable materials, which are designed to enhance the appearance of the building and avoid massive or monotonous building facades.
ARCHITECTURAL RELIEFThe extension or recession of the building facade providing an offset or depth break, which is designed to enhance the appearance of the building and avoid massive or monotonous building facades.
AREAThe two-dimensional measurement of space between known lines or boundaries.
ATTICPortion of a building that is immediately below and completely or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.
AUTOMOBILE REPAIR FACILITYA facility which includes, but is not limited to, garages operated by or employing auto and engine mechanics; drive-through lubrication and tire services; motor vehicle painters; facilities for the repair and/or servicing of motor vehicle brakes, mufflers, transmissions, and windshields; facilities that repair or renovate motor vehicle bodies and/or frames; facilities for the installation, repair, or other servicing of vehicle-based sound systems; and vehicular upholstery shops. The supplemental regulations for an automobile repair facility are contained under §
375-23080 of this chapter.
Any building or land devoted to the retail sales of passenger vehicles (including automobiles, pickup trucks and passenger vans), including accessory service and repair facilities, provided that they are subordinate to the principal use and conducted within a completely enclosed building. The supplemental regulations for automobile sales are contained under §
375-23090 of this chapter.
Any area of land, including structures thereon, that is used for minor repair and servicing of motor vehicles as a retail service, including the retail sale of motor vehicle accessories, gasoline and other motor vehicle fuels, and oil and other lubricating substances, and a limited selection of food and household items as an accessory operation. Outside storage of inoperable or unlicensed motor vehicles is limited to a maximum of two days for each such vehicle. This term excludes major repair of motor vehicles (including body work and painting), retail sale or rental of motor vehicles, and car washes. Any business or industry dispensing fuel only for its own use and vehicles will not be deemed to be an automobile service station. The supplemental regulations for an automobile service station are contained under §
375-23080 of this chapter.
A principal or accessory building located on a farm and utilized for agricultural related uses.
BASEMENTThat portion of a building that is partly or completely below the grade plane. A basement shall be considered a story above grade plane when the finished surface of the floor above the basement is as follows: more than six feet above the grade plane; more than six feet above the finished ground level for more than 50% of the total building perimeter; and/or more than 12 feet above the finished ground level at any point. The definition of "basement" as it relates to the Floodplain Overlay District is contained under §
375-2020 and §
375-21040 of this chapter.
A single-family detached dwelling, where not more than five sleeping accommodations are rented on a daily basis for a period of time not exceeding 14 consecutive days. Breakfast may be offered only to registered overnight guests. The supplemental regulations for a bed-and-breakfast establishment are contained under§
375-23110 of this chapter.
The Board of Supervisors of East Lampeter Township, Lancaster County, Pennsylvania.
BOARDING HOUSEA building or portion thereof arranged or used for sheltering and/or feeding for compensation of more than three rental units that may be occupied by no more than three unrelated persons. The supplemental regulations for a boarding house are specified under §
375-23120 of this chapter.
A commercial recreation use contained within a building in which players attempt to score points by rolling a bowling ball along a flat surface, usually a wooden or synthetic surface, either into pins or to get close to a target ball. The supplemental regulations for a bowling alley are specified under §
375-23130 of this chapter.
A continuous strip of land that is clear of all buildings and paved areas and is landscaped in accordance with this chapter.
BUGGYA carriage drawn by a horse or group of horses. It is frequently used by the Amish and plain sects as a means of transportation.
BUILDINGAny structure used for a resident, business, industry, or other public or private purpose, or accessory thereto, and including covered porches, greenhouses, barns, agricultural buildings, garages, roadside stands, mobile homes, and similar structures, whether stationary or movable, but excluding signs, fences, and walls which are part of the landscaping. Also refer to the definition of "building" as contained under the definitions for the "Floodplain Overlay District" for buildings within that overlay district.
BUILDING AREAThe total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions.
BUILDING COVERAGEThe percentage of a lot covered by principal and accessory buildings.
BUILDING ENVELOPEThe area of a lot that has no building or construction restrictions such as, building setback requirements, rights-of-way, easements, floodplains, wetlands, or similar restrictions as defined in this chapter.
BUILDING FRONTAGEThe front of a building considering the location of the main entrance and the public street or approved private street providing access.
BUILDING HEIGHTThe vertical measurement of a building from the average elevation of the ground abutting the corners of the building to the highest point of the roof, provided that chimneys, spires, towers and elevator penthouses, tanks and other similar projections shall not be included in calculating the height. The ground level for new buildings shall be the lower of the ground level existing at the time of construction or the ground level existing prior to construction and prior to any earth disturbance at the site. This prior ground level may be established by a professional land surveyor and any reliable source, including, without limitation, affidavits of people who are personally familiar with the site, existing topographic maps, aerial photographs, photographs of the site.
BUILDING LENGTHThe longest horizontal dimension of a building, as measured in a single straight direction.
BUILDING PERMITA permit issued by East Lampeter Township for building, construction and/or site improvements in accordance with the provisions of the Uniform Construction Code.
BUILDING SETBACKThe minimum distance a building or structure must be setback from a street immediately adjacent thereto, as measured from the street right-of-way line or from the street center line, whichever is greater.
BUILDING SETBACK LINEThe line within a property establishing the minimum required distance between any building or structure, or portions thereof can be located. The building setback line shall be measured from the street right-of-way line and the property line of an adjacent property.
BUSINESS PARKA group of buildings designed and constructed to create a campus-type setting, the principal use of which is the conduct of private and public business along with such subordinate uses as permitted by this chapter.
CAMPGROUNDSA lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles, campers, travel trailers or tents. The supplemental regulations for campgrounds are contained under §
375-23140 of this chapter.
A plot of ground within a campground intended for occupation by a recreational vehicle, tent, camper, or travel trailer.
CAR WASHA commercial facility used to clean the exterior, and sometimes the interior, of automobiles. There are several types of car washes, ranging from do-it-yourself coin-operated facilities to fee-based full-service operations. The term "car wash" shall be synonymous with the term "car washing facility." The supplemental regulations for a car wash are contained under §
375-23150 of this chapter.
A roofed structure open on two or more sides and used in conjunction with a dwelling for the storage of motor vehicles.
CEMETERYLand used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. The supplemental regulations for a cemetery are contained under §
375-23160 of this chapter.
A farm operation, with a current license issued by the Pennsylvania Department of Agriculture (PDA) to operate a cervidae livestock operation, which contains behind fences privately owned members of the genus and species cervus elaphus involved in the production, growing, breeding, using, harvesting, transporting, exporting, importing or marketing of cervidae species or cervidae products; and does not allow captive bred or captive held cervidae species to be harvested through hunting anywhere on the farm operation.
CHANNELA natural or artificial watercourse with a definite bed and banks that confine and conduct continuously or periodically flowing water.
CHILD CARE FACILITYA portion of a building or use that provides supplemental care, supervision and/or instruction, as an accessory or subordinate use to children who are not related to the caregiver or operator, where fees or other forms of compensation may be charged to facilitate the child day-care use.
COMMERCIAL SUPPORT USESA principal use located on a single lot or parcel of land with a maximum area of two acres. A commercial support use may include: day-care facility; hotel or motel; recreation club; personal service use; dry cleaning or laundry use with dropoff and pickup services only; retail use; restaurant; and/or financial institution.
COMMON PARKING AREAA parking facility serving multiple uses or properties that is not owned by one user or property, although it may be owned jointly by all or some of the users.
COMMON WALLA wall used or adopted for joint service between two buildings or parts thereof where there are no openings which permit ingress and egress between the two buildings.
COMMUNITY CENTER, RESIDENTIALA building or portion of a building used as a gathering place or meeting area by local residents of the development within which it is located. The term "community center, residential" shall also be synonymous with the term "residential community center" or "community center for a residential use." The supplemental regulations for a community center for a residential use are contained under §
375-23170 of this chapter.
The act of bringing to a condition of physical completeness and readiness for use and occupancy.
COMPOSTINGThe conversion of organic matter, such as yard waste, to fertilizer, soil or other natural products.
COMPREHENSIVE PLANA plan adopted by East Lampeter Township, which has been prepared and adopted by East Lampeter Township in accordance with the provisions of the Pennsylvania Municipalities Planning Code.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An agricultural use regulated by the Commonwealth of Pennsylvania (Pennsylvania Department of Environmental Protection and Pennsylvania Department of Agriculture) and/or other agencies with jurisdiction, which are involved with the commercial keeping and handling of livestock. The supplemental regulations for a concentrated animal feeding operation (CAFO) are contained under §
375-23180 of this chapter.
An agricultural use determined by the Commonwealth of Pennsylvania (Pennsylvania Department of Environmental Protection and Pennsylvania Department of Agriculture) and/or other agencies with jurisdiction, which involves the commercial keeping and handling of livestock and/or poultry quantities with densities exceeding 2,000 pounds per acre, which are suitable for the application of manure on an annualized basis. The supplemental regulations for a concentrated animal operation (CAO) are contained under §
375-23180 of this chapter.
A use which may be appropriate to a particular zoning district when specific conditions and criteria prescribed for such uses are satisfied by the applicant. Conditional use applications shall be reviewed and considered by the Board of Supervisors in accordance with provisions and procedural requirements specified under §
375-25080 of this chapter.
Real estate, portions of which in accordance with the provisions of the Pennsylvania Uniform Condominium Act, as may be amended, are designated for separate ownership and the remainder of which is designed for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CONESTOGA VALLEY REGIONThe regional area consisting of East Lampeter Township, Upper Leacock Township, and West Earl Township in Lancaster County, Pennsylvania, and excluding all other municipalities; also, the collective governments and/or governing bodies, and/or any other agencies of these municipalities as the context may imply.
CONSERVATION PLANA plan including a map(s) and narrative that, as a minimum, describes an erosion and sedimentation control plan for an identified parcel of land, as per local, state and federal regulations.
CONSISTENCYAn agreement or correspondence between matters being compared, which denotes a reasonable, rational, or similar connection or relationship.
CONSTRUCTIONThe placement of materials and equipment in a defined area to be assembled, built, applied, and/or demolished in a temporary or permanent manner, as approved by the agencies with jurisdiction.
CONSTRUCTION SITEThe total land area that is required and considered necessary for all buildings, site improvements or permitted uses within a development.
CONTRACTOR STORAGE YARDLand and buildings utilized by a contractor for the storage of vehicles, equipment, tools, machinery, building materials, stone, soil, fuel and/or similar items that relate to the normal operations of a contractor for off-site construction or improvement projects. The supplemental regulations for a contractor storage yard are contained §
375-23190 of this chapter.
A retail use that primarily sells routine household goods, groceries, and ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building that complies with the provisions of this chapter. A convenience store shall not have a drive-through service facilities or lanes. The supplemental regulations for convenience stores are specified under §
375-23200 of this chapter.
An assemblage of uses that provide a setting for indoor and outdoor exhibits and activities to serve various business activities, meetings, training sessions, entertainment, and recreation on a temporary basis. This use may include conference center, meeting rooms, exhibition center, exposition center, hotels, restaurants, entertainment facilities, recreation facilities, sports arena, theater, and similar uses. The supplemental regulations for a convention center are contained under §
375-23210 of this chapter.
To change or adapt improved property to a use, occupancy, or purpose other than what was intended at its time of construction.
COUNTRY CLUBAn area of land or building owned, leased or occupied by an association of persons, operated solely for a recreational, social, fraternal, religious, political or athletic purpose, and whose activities are confined to the members and guests and are not extended to the general public.
COUNTYThe County of Lancaster, Commonwealth of Pennsylvania.
CREMATORIUMLand and a building utilized for cremation services, which is the process of reducing dead human or animal bodies to basic chemical compounds in the form of gases and bone fragments, which is typically accomplished through high temperatures and vaporization. Cremation may serve as part of a funeral or post-funeral rite that is an alternative to the interment of an intact body in a casket. Cremated remains, which are not a health risk, may be buried or immured in memorial sites or cemeteries, or they may be legally retained by relatives or dispersed in a variety of ways and locations. The term "crematorium" may also apply to "cremation."
CURATIVE AMENDMENTA proposed zoning amendment made to the Board of Supervisors by any landowner/applicant who desires to challenge on substantial grounds the validity of an ordinance which prohibits or restricts the use or the development of land in which the landowner/applicant has an interest.
DAY-CARE USE, CENTER OR FACILITYThe offering of care or supervision to minors or adults with special needs. The following subcategories are related to day-care centers and facilities:
(1) DAY-CARE FACILITY AS A COMMERCIAL USEA facility or use that provides supplemental care, educational opportunities and/or supervision to children and adults, as further defined and regulated by the Commonwealth of Pennsylvania and other agencies with jurisdiction. The supplemental regulations for "day-care facility as a commercial use" are further specified under §
375-23220 of this chapter.
DAY CARE AS A HOME OCCUPATION USEA building principally used as a residence by one adult caregiver resident thereof in which child day care is provided in accordance with the provisions of East Lampeter Township, the Commonwealth of Pennsylvania and other agencies with jurisdiction. The supplemental regulations for "day-care facility as a home occupation use are further specified under §
375-23220 of this chapter.
DEEDA legal document sealed as an instrument of bond, contract, or conveyance, especially relating to property.
DENSITYA term used to express the allowable number of dwelling units per gross acre of land.
DEP or PADEPThe Pennsylvania Department of Environmental Protection and any agency successor thereto.
DEVELOPERAny landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENTAny 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.
DEVELOPMENT PLANThe provisions for development; a plat of subdivision; all covenants relating to use, location and bulk of buildings and other structures; intensity of use or density of development; streets, ways and parking facilities; and common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials referred to in this definition.
DISTRIBUTION CENTERA building whose purpose is the storage of goods awaiting bulk orders for delivery or distribution.
DISTRICTA portion of East Lampeter Township within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.
DOMESTIC PETSThe keeping of adult non-farm animals as a noncommercial use, that are locally available for purchase as pets, as an accessory use to a primary residential use and not detrimental to the health, safety and welfare of the community. Any animal which requires the issuance of a permit by the Pennsylvania Game Commission shall not be considered a domestic pet.
DORMITORYA housing facility or residence hall established to occupy students attending a nearby educational use during the time of year when the educational use is in session. All student housing units or dormitories may include defined sleeping and living areas, common sanitary sewage facilities, common bathing facilities, common cooking facilities, and other similar uses.
DRIVE-THROUGH SERVICE FACILITYA commercial establishment where patrons are provided specialty services as part of a permitted use without parking or leaving their vehicle, as further defined and regulated by this chapter. The term "drive-through service facility" shall also be synonymous with the terms "drive-through service," "drive-through facility," "drive-through service lane" and "drive-through access lane."
DRIVE-THROUGH SERVICE LANEThe portion of a drive-through service facility that accommodates a motor vehicle by which the operator is in an active queuing position to order, purchase and pick up the selected item without parking or leaving the vehicle. The drive-through service lane shall be located along the side and/or rear of the building.
DRIVEWAYA privately owned and improved cartway, providing vehicular access between a public road or private lane into the lot or parcel occupied by a permitted use that has frontage on the public or private road.
DRONEA portable or unmanned aerial vehicle capable of taking flight and being controlled within the atmosphere utilizing instruments. The provisions relating to personal, private and commercial use of a drone are contained under §
375-21030 and §
375-23040 of this chapter.
A commercial use and facility where clothing or fabrics are cleaned and pressed utilizing nonaqueous solvents, solutions or other accepted practices. The supplemental regulations for dry cleaners are specified under §
375-23230 of this chapter.
A building or structure or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding, rooming, lodging houses, nursing homes, motels and institutional residences are not included in the definition of dwelling. The following dwelling types are further defined as follows:
(1) SINGLE-FAMILY DETACHED DWELLINGA freestanding building containing one dwelling unit that is designed for occupancy by one family. Manufactured homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the manufactured home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Manufactured homes and modular homes shall be considered single-family detached dwellings.
SINGLE-FAMILY SEMIDETACHED DWELLINGEither one of two dwellings within a building arranged, intended, or designed to be occupied exclusively as a residence for two families, where each dwelling is separated from the other by an unpierced common wall.
MULTIFAMILY DWELLINGA building arranged, designed and intended to be occupied primarily as a residence consisting of three or more units. Individual dwelling units may share up to three common walls or party walls with other units and either have a common outside access area or have individual outside access areas, which shall be designed in accordance with the Uniform Construction Code. Types of such buildings shall include apartments, townhouses and/or condominiums. The supplemental regulations for multifamily dwellings are further specified by this chapter.
TOWNHOUSEA building arranged, designed and intended to be occupied exclusively as a residence for one family, which is one of a group of three to eight buildings, placed side by side and separated by unpierced vertical common walls, each dwelling having at least one separate entrance from the outside. The supplemental regulations for townhouses are further specified under §
375-23830 of this chapter.
MOBILE HOMEA transportable, single-family dwelling constructed in accordance with the specifications of the Commonwealth of Pennsylvania 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. The term "mobile home" shall be relevant to the dwellings that area contained within a "manufactured home park" or "mobile home park."
MODULAR OR MANUFACTURED HOMEA 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 excludes park trailers, travel trailers, recreational and other similar vehicles.
ECHO HOUSING AS AN ACCESSORY USEA temporary dwelling unit placed on a property with another single-family detached dwelling for occupancy by either an elderly, handicapped, or disabled person related by blood, marriage, or adoption, to the occupants of the principal dwelling. The unit can also be occupied by the caregiver to the person in the principal dwelling. The supplemental regulations for "ECHO housing as an accessory use" are further specified under §
375-23240 of this chapter.
APARTMENT AS AN ACCESSORY USEA dwelling unit for rent and/or lease that on a lot with a permitted single-family detached dwelling or a permitted nonresidential use. The supplemental regulations for "apartment as an accessory use" are further specified under §
375-23070 of this chapter.
MINIATURE HOUSING UNITSA permanent, temporary or transportable single-family dwelling that shall be designed, located, constructed and occupied in accordance with the codes and specifications of East Lampeter Township and the Commonwealth of Pennsylvania. Miniature housing units or "tiny houses" may be utilized as a permitted secondary housing unit, ECHO unit or as a manufactured home.
DWELLING UNITA single unit providing complete independent living facilities for one or more persons, including permanent provisions for living sleeping, eating, cooking and sanitation.
EARTHMOVING ACTIVITYAny construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction, and the moving, depositing or storing of soil, rock, or earth. For the purposes of this chapter, this term shall exclude tilling of the soils and cultivation associated with the growing of crops.
EASEMENTA defined parcel area of land or right-of-way, which is granted or conveyed for the limited use of land for public, quasi-public or private purposes.
EGRESSA point of exit from a property.
ELEVATIONThe horizontal alignment of a surface above mean sea level, as it exists in pre-development conditions or as it is proposed in post development conditions.
EMERGENCY SERVICE FACILITYA facility for the purpose of housing vehicles, equipment and services for police, fire stations, ambulance stations, and other similar uses. The supplemental regulations for an emergency service facility are specified under§
375-23250 of this chapter.
A person hired by the owner or site manager of a permitted use in accordance with the provisions of this chapter. The following terms for "full-time employee" and "part-time employee" are hereby defined:
(2) PART-TIME EMPLOYEEA person who works less than 32 hours per week on average throughout the calendar year.
ENGINEERA professional engineer, licensed as such in the Commonwealth of Pennsylvania.
EXOTIC ANIMALSAny animals, including mammal, bird or reptile, not normally raised as livestock, for work, or breeding purposes, and not defined as a domestic pet, or any animal which is wild, fierce, dangerous, noxious or naturally inclined to do harm which represents a danger to life and limb. Any permitted exotic animals shall require the approval of state and/or federal agencies.
EXTENDED STAY HOTELA type of hotel that offers temporary residential accommodations to guests or transients for not more than 180 cumulative days within a given calendar year. An extended stay hotel may include an individual kitchen, cooking, cleaning, bathing and other efficiency facilities. An extended stay hotel shall not be classified and/or occupied as a residential apartment or multifamily dwelling. The supplemental regulations for extended stay hotels are specified under §
375-23400 of this chapter.
The front face or principal orientation of a building located along the cartway or street frontage of the lot on which the building is located.
FAMILYA family, as defined by the laws of the Commonwealth of Pennsylvania, which may include:
(1) One person occupying a single dwelling;
Two or more persons related by blood, marriage or adoption, living together in a single dwelling and maintaining it as a functional common household;
A group of not more than three persons unrelated by blood, marriage or adoption, living together in single dwelling and maintaining it as a functional common household.
No more than eight related or unrelated persons who are the functional equivalent of a family in that they live together, participate in such activities as meal planning, shopping, meal preparation, and the cleaning of their dwelling unit together and who are part of a community-based residential home that qualifies as a community living arrangement licensed by the Commonwealth of Pennsylvania or other federal or state agency having jurisdiction, where the persons occupying the home are handicapped persons under the terms specified by state and federal law, and where the operator of the home provides room and board, personal care, rehabilitative services, and supervision in a family environment. The presence of staff persons in a home meeting this definition shall not disqualify the group of persons occupying the dwelling unit as a "family."
FAMILY FARM MARKETStructures and land areas used for the direct commercial sales of agricultural commodities that are produced and prepared by the landowner as part of a normal agricultural operation as defined in the Right to Farm Act (3 P.S. § 952). The supplemental regulations for a family farm market are contained under §
375-23255 of this chapter. This definition does not include "roadside stands" as defined by this chapter, which are subject to separate supplement regulations contained under §
375-23710. This definition does not include "farmers market" as defined by this chapter, which is subject to separate supplement regulations contained under §
375-23270.
A parcel of land 10 acres or more that is used for one or more agricultural operations, including, but not necessarily limited to, the raising of agricultural products, livestock, poultry, or the production of dairy products. A "farm" shall be understood to include a dwelling unit as well as all structures necessary for the housing of animals, storage of feed and equipment, and other operations customarily incidental to farm use.
FARM ANIMALSThose animals typically associated with a farm or agricultural operation, as further defined by the Pennsylvania Department of Agriculture. A "farm animal" shall not be considered as a "domestic pet" or an "exotic animal," as defined by this chapter. This term shall also exclude deer, elk and other large game animals. A "farm animal" shall be synonymous with the term "livestock."
FARM BUILDINGA barn, silo, or other building used for agricultural operations permitted by this chapter. The term "farm building" shall not include a dwelling.
FARM LANEAn access drive or lane located on a farm or adjacent to a farm, which is utilized to transport vehicles, equipment, machinery, farm animals, produce and/or other uses associated with an agricultural operation.
FARM-SUPPORT BUSINESS USEAn accessory use to an agricultural operation, which may include a farm-support business operation and/or a farm-support limited impact business operation as further regulated under §
375-23260 of this chapter.
A retail sales use where vendor(s) display and sell general merchandise that is new or used on a regular occurring basis either indoors or outdoors. The supplemental regulations for a farmers market are specified under §
375-23270 of this chapter.
The Federal Communications Commission of the United States of America.
FENCEA barrier constructed of wood, plastic, stone, chain link, or similar materials designed for the purpose of limiting or excluding access to a property or for the purpose of screening a property or portion thereof from the exterior of other properties.
FILLMaterial placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.
FINANCIAL INSTITUTIONBank, savings and loan association, savings bank, investment company, philanthropic foundation, or the office of an investment manager, investment banker, or securities broker or dealer. For the purpose of this chapter, this term shall exclude pawn shops and non-bank operations that provide check-cashing services and advances on pay checks. The supplemental regulations for a financial institution are specified under S§
375-23280 of this chapter.
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.
FLOODPLAIN OVERLAY DISTRICTA conservation overlay of land and water, which have been defined within the Flood Insurance Study, as prepared by the Federal Emergency Management Agency, which principally include areas located along the major creeks and waterways of East Lampeter Township. The supplemental regulations for the Floodplain Overlay District are specified under §
375-21040 of this chapter. The following terms shall specifically apply to the Floodplain Overlay District:
(1) ACCESSORY USE OR STRUCTUREA use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOODA flood which has a 1% chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or 1% annual chance flood).
BASE FLOOD DISCHARGEThe volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
BASEMENTAny area of the building having its floor below ground level on all sides. Also refer to the principal definition of "basement" of this chapter.
BUILDINGA combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation. Also refer to the principal definition of "building" of this chapter.
CHANNELA natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.
CHANNEL FLOWThat water which is flowing within the limits of a defined channel.
COMPLETELY DRY SPACEA space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONSERVATION PLANA plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.
DEVELOPMENTAny 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.
DRIVEWAYA privately owned and constructed access drive, providing vehicular access between a public road or an approved private lane into the lot or parcel having frontage on the road.
ESSENTIALLY DRY SPACEA 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.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision within the floodplain for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. The development of a new manufactured home park or subdivision or the expansion of an existing manufactured home park or subdivision shall not be permitted within East Lampeter Township.
EXISTING STRUCTUREA structure for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing structure" may also be referred to as "existing construction."
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONThe preparation of additional sites by the construction of facilities within the floodplain for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). The development of a new manufactured home park or subdivision or the expansion of an existing manufactured home park or subdivision shall not be permitted within East Lampeter Township.
FILLMaterial placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.
FLOODA temporary inundation of normally dry land areas. The definition of "flood" shall also apply to "flooded" and "flooding."
FLOOD INSURANCE RATE MAP (FIRM)The Official Map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOOD OF RECORDThe flood which has reached the highest flood elevation above mean sea level at a particular location.
FLOODPLAINA 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. The definition of "floodplain" shall also apply to "floodplain area."
FLOODPROOFINGAny combination of structural and nonstructural 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. This definition shall also apply to "floodproof" and "floodproofed."
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
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;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
As defined or identified as a "historic resource" by the Comprehensive Plan and/or this chapter.
LOWEST FLOORThe 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 nonelevation design requirements.
MANUFACTURED HOMEA structure within the floodplain, 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 excludes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days. The terms and specifications for manufactured homes in the UCC shall also apply.
MANUFACTURED HOME PARKA parcel (or contiguous parcels) of land within the floodplain divided into two or more manufactured home lots for rent or sale. Also refer to the principal definition of "mobile home park" of this chapter. The development of a new manufactured home park or subdivision or the expansion of an existing manufactured home park or subdivision shall not be permitted within East Lampeter Township.
MAXIMUM FLOOD ELEVATIONThe water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Floodplain Overlay District.
MEAN SEA LEVELThe average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929, or other source that has been designated by the agency with jurisdiction.
MINOR REPAIRThe 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 exitway 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, electric wiring or mechanical or other work affecting the public health or general safety.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective start date of this floodplain management regulations adopted by East Lampeter Township and includes any subsequent improvements to such structures. Any construction started after the effective date of the first floodplain management ordinance adopted by East Lampeter Township and before the effective start date of the current floodplain management regulations shall be subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision within the floodplain for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) has been completed on or after December 16, 1980. The development of a new manufactured home park or subdivision or the expansion of an existing manufactured home park or subdivision shall not be permitted within East Lampeter Township.
OBSTRUCTIONAny dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, rock, gravel, refuse, fill, structure, or other matter in, along, across or projecting into any channel, watercourse, or floodplain, which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to cause damage to life or property.
ONE-HUNDRED-YEAR FLOODA 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).
ONE-HUNDRED-YEAR FLOOD BOUNDARYThe outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Natural Resources Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed professional engineer registered by the Commonwealth of Pennsylvania is necessary to define this boundary.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PESTICIDEAny substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.
PETROLEUM PRODUCTOil or petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.
POST-FIRM STRUCTUREA structure for which construction or a substantial improvement occurred after December 31, 1974, or on or after the initial Flood Insurance Rate Map (FIRM) for East Lampeter Township, whichever is later, and as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PREFIRM STRUCTUREA structure for which construction or a substantial improvement occurred on or before December 31, 1974 or before the initial Flood Insurance Rate Map (FIRM) for East Lampeter Township, and as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLEA vehicle which is: (1) built on a chassis; (2) not more than 400 square feet, measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light-duty truck; (4) not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATIONThe base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSSFlood 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 such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
SOIL SURVEYThe latest published version of the Lancaster County Soil Survey, as prepared by the United States Department of Agriculture, Natural Resource and Conservation Services.
SOLID WASTEGarbage, sludge, refuse, trash, rubbish, debris, and other discarded materials, including, but not limited to solid and liquid waste materials, resulting from industrial, commercial, agricultural, residential, and community activities.
SPECIAL FLOOD HAZARD AREA (SFHA)An area in the floodplain subject to a 1% or greater chance of flooding in any given year. The SFHA is shown on the Flood Insurance Rate Map (FIRM) as Zone A, AO, A1-A30, AE, A99, or AH.
SPECIAL PERMITA special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
START OF CONSTRUCTIONIncludes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the floodplain administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first, alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTUREA walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. Also refer to the principal definition of "structure" of this chapter.
SUBDIVISIONThe 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. The 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 DAMAGEDamage 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 IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which 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 or repetitive loss regardless of the actual repair work performed. This 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; or
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.
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 of 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 of Pennsylvania floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
VIOLATIONThe failure of a structure or other development to be fully compliant with the floodplain management regulations of East Lampeter Township. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required under 44 CFR Sections 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
FLOOR AREA (GROSS FLOOR AREA)The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of wall separating buildings. In particular, the floor area of a building or buildings shall include: basement space; all spaces other than cellar space with structural headroom of seven feet, six inches or more; interior balconies and mezzanines; enclosed porches, terraces or other space which are attached to the principal structure on at least one side; attic spaces (with or without a finished floor) providing structural headroom of seven feet, six inches or more is available over 50% of such attic space. However, the "floor area" shall not include: cellar space, except that cellar space used for retailing; elevator shafts, stairwells, bulkhead, accessory water tanks or cooling towers; terraces; breezeways; uncovered steps; open space; and/or accessory buildings.
FLOOR AREA RATIOThe floor area in square feet of all buildings on a lot divided by the gross area of such lot in square feet.
FLOOR AREA, HABITABLEThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms and other spaces (closets, hallways, stairways, foyers) used for habitation, but excluding attic spaces, service and utility rooms, garages, and unheated areas such as enclosed porches.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. The supplemental regulations for forestry are specified under §
375-23290 (Forestry) of this chapter. The following terms shall specifically apply to "forestry":
(1) FELLINGThe act of cutting a standing tree so it falls to the ground.
LANDINGA place or area where logs, pulpwood or firewood are assembled for transportation to processing facilities.
LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
OPERATORAn individual, partnership, company, firm, association, or corporation, which is engaged in timber harvesting or forestry operations, including the agents, subcontractors and employees thereof.
PRECONSTRUCTION TIMBER STANDA forestry practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
SKIDDINGDragging trees on the ground from the stump to the landing area by any means.
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, broken or uprooted vegetation, or similar items.
STANDAny area of the forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
TOPThe upper portion of a tree that has little or no commercial resale value because of its small size, taper or defect.
FRATERNAL LODGELand and buildings containing social public or private facilities for the exclusive use of the members and their guests. The supplemental regulations for a fraternal lodge are specified under §
375-23790 of this chapter.
The line of a lot coincident within the street right-of-way line of an abutting street that can be used for vehicular access to the site.
FUNERAL HOMEA building or part thereof used for human funeral services. Such building may contain space and facilities for: a funeral chapel or similar gathering place; embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, urns, and other related supplies; and the storage of funeral vehicles. The supplemental regulations for a funeral home are specified under §
375-23300 of this chapter.
Any licensed facility or location at which any lawful gambling activity other than or in addition to pari-mutuel wagering may be conducted under Pennsylvania law, including any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with state and federal laws. The supplemental regulations for a gaming facility are contained under §
375-23530 of this chapter.
A building utilized as a principal or accessory use to store vehicles.
(1) GARAGE, COMMERCIALA building where motor vehicles may be stored for short-term, daily, or overnight off-street parking, operated as a commercial or public use. The term "garage, commercial" shall be synonymous with the term "commercial garage." The supplemental regulations for a commercial garage are contained under §
375-23310 of this chapter.
GARAGE, PRIVATEAn accessory building for the storage of one or more motor vehicles, machinery, tools and/or equipment that are considered accessory and incidental to the primary use of the premises. The term "garage, private" shall be synonymous with the term "private garage." No more than one commercial vehicle of not more than PennDOT Class III (Class III - 7,000 to 9,000 pounds) capacity may be stored within a private residential garage, which shall be incidental to the residential use. No business, occupation or service shall be conducted within a private garage, nor shall the space therein be leased to a non-occupant of the premises. The general provisions contained under §§
375-22030,
375-22160 and
375-22190 of this chapter shall also apply to a private garage.
GARAGE, PUBLICA building where motor vehicles may be stored for short-term, daily, or overnight off-street parking, operated by a municipality or parking authority. The term "garage, public" shall be synonymous with the term "public garage." The supplemental regulations for a public garage are contained under §
375-23310 of this chapter.
GARAGE SALEAn occasional and/or temporary use contained on a residential lot, wherein the occupants display and offer personal possessions for sale. The term "garage sale" shall also be synonymous with the terms "moving sale," and "yard sale." The general regulations for a garage sale are contained under §
375-22090 of this chapter.
The growing of plants for personal use as an accessory use upon a residential site, or the growing of plants for personal use upon assigned plots located away from the residential site.
GOLF COURSEA public or private course with a minimum of nine holes and a length of more than 2,500 yards. The supplemental regulations for a golf course are contained under §
375-23320 of this chapter.
A type of golf course with less than 2,500 yards of play in nine holes to 18 holes in regulation. This term shall include "chip-and-putt" and "par three" golf courses. The supplemental regulations for an executive golf course are contained under §
375-23320 of this chapter.
A type of commercial recreational use based upon golf that requires only a putter and is typically, but not necessarily, lit for night play. The term "golf course, miniature" shall be synonymous with the terms "miniature golf course" and "putt-putt golf." The supplemental regulations for a miniature golf course are specified under §
375-23620C of this chapter.
A recreational use where golfers can practice their swing and approach shots within a defined location on a golf course. A golf driving range shall only be permitted as an accessory use to a golf course in accordance with the provisions specified under §
375-23320 of this chapter.
The East Lampeter Township Board of Supervisors, Lancaster County, Pennsylvania.
GRADEA measurement of slope expressed in terms of percentage of vertical versus horizontal distance.
GREENHOUSE, COMMERCIALA retail or wholesale business operation devoted to the raising and/or selling of trees, ornamental shrubs, flowers, and houseplants for transplanting, along with the sale of ancillary supplies wherein the preponderance of the growing operation is indoors. The term "greenhouse, commercial" shall be synonymous with the term "commercial greenhouse." The supplemental regulations for a commercial greenhouse are specified under §
375-23330 of this chapter.
A structure designed or used for the indoor growing of plants, typically found as an accessory structure to a farm or residential use. No sales may be conducted from the structure, nor may the plants grown in the greenhouse be sold from the residence as a business operation.
GROCERY STOREA retail use established primarily for the retail sales of food, but may also include routine household goods, pharmacy, motor vehicle fueling stations, and ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area that complies with the provisions of this chapter. The supplemental regulations for a grocery store are contained under §
375-23340 of this chapter.
Substances that have the potential to damage health or otherwise may pose an immediate threat to human safety. Hazardous materials include, but are not limited to, inorganic mineral acids, sulphur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts and metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials. Also included are floatable materials with the potential to cause physical damage under flood conditions, such as logs, storage tanks, and large containers. Any use involving the refining or processing of hazardous materials, hazardous waste, petroleum products, and/or containing highly flammable or explosive materials, shall not be a permitted use within East Lampeter Township. Also refer to the definitions contained under "Floodplain Overlay District."
HAZARDOUS WASTEAny garbage, refuse, sludge from: a wastewater treatment plant; sludge from a water supply treatment plant or air pollution facility; and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, for agricultural operations, and from community activities; or any combination of the above, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of, or otherwise managed. Any use involving the refining or processing of hazardous materials, hazardous waste, petroleum products, and/or containing highly flammable or explosive materials, shall not be a permitted use within East Lampeter Township.
HAZARDOUS WASTE FACILITYAny structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through East Lampeter Township. Any use involving the refining or processing of hazardous materials, hazardous waste, petroleum products, and/or containing highly flammable or explosive materials, shall not be a permitted use within East Lampeter Township.
HEAVY EQUIPMENTVehicles and machinery that are not normally associated with domestic use, including but not necessarily limited to excavation equipment, commercial trucks in excess of 10,000 pounds gross vehicle weight, cargo trailers, buses, yachts, farm equipment, mechanized amusement rides, and industrial machinery.
HEAVY EQUIPMENT SALES, SERVICE AND REPAIR FACILITYA use devoted to the sale, service, maintenance and repair of heavy equipment and vehicles for other agricultural, commercial, industrial and institutional uses. The supplemental regulations for a heavy equipment sales, service and repair facility are contained under §
375-23350 of this chapter.
The vertical measurement from the average elevation, as measured at the ground abutting the corners of the structure to the highest point of the structure. The ground level for a new structure shall be the lower of the ground level existing at the time of construction or the ground level existing prior to construction and prior to any earth disturbance at the site. The term "height of a structure" shall only apply to structures that are not relevant to a "building" or a "sign."
HELIPORTA defined area to accommodate all phases of operation of rotor-wing aircraft or helicopters, with sufficient space for all required safety controls and maneuvers in accordance with all state and federal requirements, as well as to allow for the provision of service facilities. The supplemental regulations for a heliport are specified under §
375-23040 of this chapter.
A building or structure, whereas because of its local, state or national significance is considered as a historical site or resource. The historical resources shall include those identified or documented by: the National Register of Historical Places; the Pennsylvania Historical and Museum Commission and as identified in the Comprehensive Plan.
HISTORIC RESOURCE OVERLAY DISTRICTAn overlay district established to provide preservation techniques and development provisions for subdivision, land development, architectural appearance, landscaping, signs and streetscape design, as further specified under §
375-21050 of this chapter.
A retail use established primarily for the display and retail sales of materials for the construction, repair, landscaping, remodeling, maintaining and furnishing of a building or property, including the rental of goods and products used for this general purpose. This use shall include any areas devoted to outdoor storage of such goods and products. The supplemental regulations for a home improvement and/or building supply store are contained under §
375-23360 of this chapter.
An accessory use, which is customarily conducted within a residential use or a structure accessory thereto, which is clearly secondary and incidental to the residential use in which the practitioner resides. The following categories of home occupation are hereby defined:
(1) MINIMAL IMPACT HOME OCCUPATIONAn accessory business activity that is administered or conducted within a single-family detached dwelling, which is clearly secondary to the residential use and may involve some employee(s), customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises, in excess of those normally associated with a residential use. The following uses that are expressly prohibited as home occupations include, but are not limited to: animal hospital or clinic; commercial stables and kennels; funeral home; restaurant; wholesale sales; storage or mail order activities in which goods are distributed from the dwelling or property; the repair, servicing, storage, or rental of motor vehicles; offices of medical practitioners; clinics; hospitals; and machine and welding shops. The supplemental regulations for a minimal impact home occupation are contained under §
375-23370 of this chapter.
NO-IMPACT HOME OCCUPATIONAn accessory business activity that is administered or conducted within a permitted residential dwelling, which is clearly secondary to the residential use and involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises, in excess of those normally associated with a residential use. A "no-impact home occupation" shall be considered synonymous with "no-impact home-based business", as defined by the Pennsylvania Municipalities Planning Code. The supplemental regulations for a "no-impact home occupation" are contained under §
375-23370 of this chapter.
HORSE BARN FOR TRANSPORTATIONAn accessory building used for the boarding of horses, which are used by the landowner or resident of the property as the primary means of transportation. The supplemental regulations for a horse barn for transportation are specified under § 23380 of this chapter.
HORSE BOARDING STABLEAn accessory building used for the boarding of horses, not used for training, show or riding.
HORTICULTUREThe cultivation of fruits, vegetables, flowers and ornamental plants.
HOSPITAL AND/OR MEDICAL CENTERAn institution, licensed in the Commonwealth of Pennsylvania, which renders inpatient and outpatient medical care on a 24-hour-per-day basis, and provides primary health, medical and surgical care services to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions. The supplemental regulations for a hospital and/or medical center are contained under §
375-23390 of this chapter.
A building or group of buildings containing six or more individual rooms as rental units for guests or transients for a limited period of time (consecutive or cumulative) within a calendar year. The building may include common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. A "hotel" or "motel" does not include institutional or educational uses and buildings where human beings are housed under legal constraint. The term "hotel" shall be synonymous with "motel." The supplemental regulations for a hotel are contained under §
375-23400 of this chapter.
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Hydric soils are identified within the Soil Survey of Lancaster County, as prepared by the United States Department of Agriculture, Natural Resource and Conservation Services.
IMPERVIOUS SURFACEA surface not readily penetrated by water under normal pressure associated with rainfall or other typical conditions associated with the proposed use. Typically includes, but is not limited to, roads, buildings, sidewalks, access drives, loading areas, parking areas, paved recreation courts, and other surfaces specified by Chapter
360, Stormwater Management.
A designated and secured area for the temporary storage of motor vehicles, which have been transported to the facility for a period of time not to exceed 90 days. An impoundment facility shall not be permitted as a principal use within East Lampeter Township. Police impoundment facilities or yards shall be exempt from the provisions of this chapter.
IMPROVEMENT SETBACKThe minimum distance an improvement must be set back from a street right-of-way and/or property line.
IMPROVEMENTSAny type of structure, paved area and/or physical changes to the land, including, but not limited to, grading, paving, stormwater management facilities, sidewalks, street signs, traffic control devices, monuments, utilities, water supply facilities and sewage disposal facilities.
INCINERATORA facility designed to reduce municipal solid waste, fuel, gas, refuse, or other material by combustion. This use may include heat exchange equipment for energy recovery.
INDUSTRIAL USEA use or activity that includes, but not limited to, assembling, manufacturing, distributing, processing, storing or warehousing of products and materials, and similar industrial uses.
INGRESSA point of entrance to a property.
INSTITUTIONAL USEA use or activity that includes, but not limited to, schools, educational uses, churches, religious uses, and other similar institutional uses.
INTEGRATED BUSINESS CAMPUSA business that integrates a combination of different uses into a single property all of which are directly related to the overall nature and mission of a single business. Such uses can include, but are not limited to, offices, light manufacturing/assembly, retail sales, recreational facilities, schools, training and educational programs, competitive tournaments and accessory uses.
INTEGRATED COMMERCIAL ENTERPRISEA use incorporating an office use and a warehouse use that are intertwined and function as one operation on the same lot. The supplemental regulations for an integrated commercial enterprise are contained under §
375-23400.1 of this chapter.
Any on-site vehicular movement lane(s) that is associated with a use other than a single-family dwelling.
INVASIVE PLANTSThe following plants are determined to be invasive plants: garlic mustard, giant hogweed, Japanese stilt grass, common reed (Phragmites), Japanese knotweed, autumn olive shrub, amur, morrow's, standish, Japanese and tartarian honeysuckle, Norway maple (tree), tree-of-heaven, oriental bittersweet, Japanese barberry, European barberry and/or other invasive plants identified or recognized by the Pennsylvania Department of Agriculture.
JOINT-USE OR COMMON DRIVEWAYAn improved driveway designed and constructed to provide for vehicular movement between a road and up to two properties, each of which contain a single dwelling unit.
JUNKUsed materials, discarded materials, or both, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings and appliances, machinery, vehicles or parts thereof, all of which are being stored awaiting potential reuse or ultimate disposal.
KENNELAn accessory use to an agricultural operation or farm, which includes buildings or structures thereon, where five or more adult non-farm animals or domesticated pets, which are kept or maintained for boarding, grooming, breeding, training, showing, selling or exchange to other individuals. The supplemental regulations for kennels are specified under §
375-23410 of this chapter.
An enclosed and weatherproofed from consisting of a sink with plumbing facilities, permanent stove/oven and a refrigerator, which complies with all codes adopted by East Lampeter Township.
LABORATORYA building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale. All such laboratories shall be licensed by the appropriate local, county, state or federal agencies to conduct lawful activities. The supplemental regulations for a laboratory are contained under §
375-23420 of this chapter.
Any of the following activities:
(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 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.
Development in accordance with the provisions established by East Lampeter Township and the Pennsylvania Municipalities Planning Code.
EXCLUSIONSThe provisions relating to the exclusion of land development are further specified within the Chapter
368, Subdivision and Land Development.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition). A lessee under a written lease who has written authorization of the legal owner shall be deemed to be a landowner for the purpose of this chapter.
LANDSCAPE BUSINESS OFFICEAn accessory use contained within a nursery, where the business owner or an employee can conduct administrative duties, site design and consultation services, financial transactions and/or similar activities within a building designed to accommodate the landscape business office. The supplemental regulations that apply to a "nursery" are contained under §
375-23520 of this chapter.
A planting composed of noninvasive vegetative material arranged to form both a low-level and a high-level screen between grade and to a height of six feet or greater within two years. This definition can also include the use of an earthen berm when combined with evergreen shrubs and/or trees, provided such berm is covered with non-invasive vegetative materials that stabilize its slopes and form both a low-level and a high-level screen between grade and to a height of six feet or greater within two years.
LAUNDROMATSA commercial use within a building intended for patrons to have clothing or fabrics cleaned and dried in coin-operated machines. The supplemental regulations for a laundromat are contained under §
375-23230 of this chapter.
Lancaster County Conservation District.
LIBRARYA public or private institutional use contained within a building in which books, periodicals, newspapers, pamphlets, prints, artistic material, records, and tapes, are systematically arranged, stored and maintained for reading, listening, viewing, referencing, purchasing and/or lending. The supplemental regulations for a library are contained under §
375-23430 of this chapter.
The illumination of an internal or external area with radiant energy that is capable of producing a visual sensation, whereas the electromagnetic spectrum typically extends.
LOADING SPACEA defined space located within a lot or parcel of land, which has accessibility to a public street, for temporary use of commercial vehicles while loading or unloading merchandise and materials to the principal use and building contained on the lot or parcel of land.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit in accordance with the provisions established by East Lampeter Township. The following specific types of lots are defined as follows.
(1) CONFORMING LOTA lot that complies with the required lot area, dimensional requirements and other provisions specified by this chapter.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135°. The front yard and lot width requirements shall apply to each street to which the corner lot has frontage. The other yards shall be designated as side yards.
FLAG LOTAn irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag shape of the lot is normally intended to provide for access to an otherwise land locked interior parcel.
INTERIOR LOTA lot other than a corner lot, the sides of which do not abut a street.
REVERSE FRONTAGE LOTSLots that have frontage on two public streets while restricting vehicular access solely from the public street which would front along the commonly identified rear of the lot. The term "reverse frontage lot" shall be also synonymous with the term "through lot."
LOT AREA, NETThe total area of a lot within the deeded property lines less the area occupied by street rights-of-way and/or utility easements. Unless otherwise specifically stated within this chapter, the net lot area for all proposed lots shall be no smaller than the required minimum lot size for the zoning district on which the lot is located.
LOT COVERAGEThe percentage of a lot covered by all impervious surfaces.
LOT DEPTHThe horizontal distance measured between the street right-of-way line and the closest rear property line measured perpendicular along straight street rights-of-way and measured along the radius of a curved street rights-of-way. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite lot line.
LOT FRONTAGEThat portion of a lot, which fronts on a single street.
LOT LINEA recorded boundary line of a lot. However, any line that abuts a street or other public or quasi-public street right-of-way shall be interpreted as the lot line for the purposes of determining the location of the setbacks required by this chapter.
(1) FRONT LOT LINEThe lot line that is formed and located within the front yard along the street right-of-way line.
REAR LOT LINEThe lot line that is formed and located at the outermost edge of any rear yard.
SIDE LOT LINEThe lot line that is formed and located at the outermost edge of any side yard.
LOT OF RECORDA lot or parcel recorded in the Office of the Recorder of Deeds of Lancaster County, Pennsylvania.
LOT WIDTHThe width of a lot measured between the side lot lines at the street right-of-way line and the building setback line.
MANUFACTURED HOME LOTA 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 which is leased by the park owner to the occupants of the manufactured home erected on the lot. The term "manufactured home lot" shall be synonymous with the term "mobile home lot."
MANUFACTURED HOME PARKA parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use. The term "manufactured home park" shall be synonymous with the term "mobile home park." The supplemental regulations for a manufactured home park are contained under §
375-23440 of this chapter. Also refer to the definitions contained under "Floodplain Overlay District."
The production of goods from raw materials, by the assembly of constituent parts produced elsewhere, or by a combination of these means, including the final packaging of such goods for sale or shipment. Manufacturing uses shall include all activities included in The North American Industrial Classification System (NAICS) list of "manufacturing" activities, but shall specifically exclude uses that involve biological waste, hazardous waste, infectious waste, medical waste and/or radioactive waste. The supplemental regulations for manufacturing are contained under §
375-23450 of this chapter.
The fecal and urinary excrement of farm animals, which may contain spilled feed, bedding, and/or litter.
MANURE STORAGE FACILITYA structure or other improvement built to store manure for future use or disposal which is accessory to an agricultural operation.
MASS TRANSPORTATION DEPOTAn area of land with or without structures where the principal use is the boarding and unboarding of passengers of a public mass transit carrier (other than aircraft) and can include the scheduling and dispatching of such transit carrier. The supplemental regulations for mass transportation depot are contained under §
375-23460 of this chapter.
A deciduous tree with a diameter at breast height (DBH) greater than or equal to six inches or a coniferous tree at least six feet tall.
MEAN SEA LEVELThe average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929 or the most current documentation accepted by East Lampeter Township and Commonwealth of Pennsylvania.
MEDIATIONA voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL, DENTAL, VISION CARE AND COUNSELING CLINICA building or group of buildings occupied by medical or licensed practitioners and related services for the purpose of providing health and related services to people on an outpatient basis. The supplemental regulations for a medical, dental, vision care and counseling clinic are contained under §
375-23470 of this chapter.
Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone or dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MININGA defined area that has been approved for a quarrying and/or mining operation by the local, state and federal agencies with jurisdiction.
MOTOR FREIGHT TERMINALA property developed to accommodate the transfer of cargo or freight borne by trucks and other commercial vehicles. This term includes temporary convenience stops and convenience centers designed or intended to accommodate a large number of transient drivers occupying trucks and other commercial vehicles. The supplemental regulations for a motor freight terminal are contained under §
375-23480 of this chapter.
A licensed or permitted road vehicle used as a means of transportation in the form of a machine that operates primarily through a motor consuming fuel in order to provide power to rotate the tires. For the purpose of this chapter, the tern "motor vehicle" shall not include air travel, rail service and/or heavy equipment.
MPCThe Pennsylvania Municipalities Planning Code, as amended, revised and/or codified.
MUNICIPAL USEA use owned and maintained by East Lampeter Township for public recreation area, park, swimming pool, golf course, spectator sports, municipal offices, police station, sanitary sewage disposal and treatment facilities; water supply and treatment facilities, utilities, community centers, solid waste disposal areas, recycling centers, composting facilities, road materials and equipment storage and similar governmental or municipal uses. The supplemental regulations for a municipal use are contained under §
375-23500 of this chapter.
East Lampeter Township, Lancaster County, Pennsylvania.
MUSEUMA public or private institutional use in the service of society and of its development, open to the public, which acquires, conserves, researches, communicates and exhibits, for purposes of study, education, and enjoyment, the tangible and intangible evidence of people, their history, and environment. The supplemental regulations for a museum are contained under §
375-23510 of this chapter.
The North American Industrial Classification System, as developed and maintained by the United States Bureau of the Census.
NEW CONSTRUCTIONAny construction for which the start of construction commenced on or after the effective date of this chapter.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure that does not comply with the applicable extent of use or bulk provisions of the zoning district wherein it is located due to the enactment of this chapter or of an amendment to this chapter. Nonconforming structures include, but are not limited to, nonconforming signs. Also refer to the definitions and provisions for nonconformities, as specified under §
375-21030 and §
375-21040 of this chapter.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or with a specific amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or the specific amendment, or prior application of this chapter or the specific amendment to its location by reasons of annexation.
NONCONFORMITY, DIMENSIONALLYAny aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto, or when such nonconformity is the result of the acquisition of land and/or rights-of-way by a governmental agency.
NOXIOUS WEEDSThe following plants are determined to be noxious weeds: Canada thistle, bull or spear thistle, musk or nodding thistle, multiflora rose, johnson grass, mile-a-minute, kudzu vine, purple loose strife, marijuana, goatsrue, shattercane, jimsonweed, giant hogweed, and/or other noxious weeds as recognized by the Pennsylvania Department of Agriculture.
NURSERYA commercial operation devoted to the raising and/or selling of trees, ornamental shrubs, flowers, houseplants, and vegetable plants for transplanting wherein the preponderance of the growing operation is out-of-doors. A "nursery" shall not be classified as a "greenhouse, commercial," or a "commercial greenhouse", which is a permitted use in accordance with the provisions specified under §
375-23330 of this chapter. The supplemental regulations that apply to a "nursery" are contained under §
375-23520 of this chapter.
An accessory use dedicated to provide an area for commercial vehicles or trucks to make deliveries to the permitted principal use located on the property. The off-street loading facilities shall include the access isles loading spaces and exterior portion of the loading docks. The general regulations for off-street loading facilities are contained under §
375-22150 of this chapter.
An accessory use dedicated to provide an area for motor vehicles, buses, bicycles, horse and buggies, and other forms of transportation to gain access and park at a permitted principal use located on the property. The off-street parking facilities shall include the access isles and parking spaces. The general regulations for off-street parking facilities are contained under §
375-22160 of this chapter.
A licensed facility other than a racetrack wherein pari-mutuel wagering, but no other lawful gambling activity, is conducted in accordance with state and federal laws. The supplemental regulations for an off-track betting facility are contained under §
375-23530 of this chapter.
A principal use that is conducted within a defined space of a principal building, which is generally occupied by employees, equipment and supplies in order to facilitate the functions of subordinate office categories, including: business offices; financial offices; professional offices; executive offices; management offices; municipal offices; governmental offices; and/or other similar types of office uses. The term "administrative office" shall be considered as an accessory or subordinate use to a permitted nonresidential use. The supplemental regulations for offices are contained under §
375-23540 of this chapter.
A legally adopted map that depicts the location of existing and proposed streets, public utilities, public facilities and/or public areas, which may be adopted the by East Lampeter Township in accordance with the provisions of Article 4 of the Pennsylvania Municipalities Planning Code.
OPEN SPACEThe unoccupied space, land area, or water body, that is located on the same lot with the principal use or development, which is not occupied by buildings, structures, streets, driveways, stormwater facilities, sidewalks, off-street parking areas, access drives, rights-of-way, easements and/or other areas dedicated for a specific use.
OPTIONAL DESIGN INCENTIVE DEVELOPMENTA planned unified residential development option providing unique and innovative approaches for housing and community development in accordance with the recommendations contained within the Comprehensive Plan and the optional design provisions that are contained within the Pennsylvania Municipalities Code. The term "Optional Design Incentive Development" shall be synonymous with the term "ODI Development." The supplemental regulations for an ODI Development are contained under §
375-23550 of this chapter.
The East Lampeter Township Zoning Ordinance of 2016, including the Official Zoning Map and any amendments thereof, which have been enacted by the East Lampeter Township Board of Supervisors.
ORPHANAGEA building or group of buildings designed for and intended to provide housing facilities for minors, who are in need of direct care in lieu of that available from their parents. The facility may include accessory medical facilities intended to serve the residents of the orphanage but not the general public. The supplemental regulations for an orphanage are contained under §
375-23560 of this chapter.
Sales that are conducted outside of a principal building.
OUTDOOR STORAGEThe external storage of materials, products and accessory components of a use, which conforms to the normal functions and procedures conducted on that use in accordance with this chapter.
OVERSIZE PARKING SPACEAn off-street parking space designed to accommodate a vehicle with one or more of the following characteristics:
(1) A registered gross weight in excess of 17,001 pounds;
Having a length in excess of 18 feet;
Having a width of more than nine; and/or
Showing a windshield weight class sticker with a number above six.
PAThe Commonwealth of Pennsylvania.
PARENT TRACTWhen used in determining the permissible number of lots which may be subdivided or dwellings erected in the Agricultural (AG) District (formerly the Rural District), all contiguous land held in single and separate ownership, regardless of whether (a) such land is divided into one or more lots, parcels, purports or tracts; (b) such land was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; or (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 January 23, 1987, or, if such land was not classified as the Agricultural (AG) Zoning District (formerly the Rural Zoning District) on December 14, 1986, which was held by the landowner or his predecessor in title on the date such land was first classified as Agricultural (AG) Zoning District (formerly the Rural Zoning District) after January 23, 1987.
PARKA tract of land, designed and utilized by the general public for active and/or passive recreation purposes.
PARKING COMPOUNDPrimary business where passenger vehicles may be stored for short-term, daily, or overnight off-street parking, and connected to a street by an access drive. The supplemental regulations for a parking compound are contained under §
375-23310 of this chapter.
An accessory use or portion of the property utilized for the parking of vehicles, including driveways, access drives, access isles and parking spaces, subject to the requirements specified under §
375-22160 of this chapter. Also refer to the definition of "off-street parking."
The external limits of the defined off-street parking area in which parking is allowed or permitted.
PARKING SPACEA reasonably level space, available for the parking of one motor vehicle, not less than nine feet wide, 18 feet deep, and having an area of not less than 162 square feet exclusive of passageways or other means of circulation or access.
PATIOAn area or courtyard, which is not covered by a roof or permanent awning, and is designed for outdoor living purposes, as an accessory use to the principal structure or building.
PAVED AREAThe percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces, which do not normally absorb rainfall.
PERMITA document issued by the proper regulatory agency with jurisdiction authorizing the landowner and/or applicant to undertake certain activities as specified by the permit application.
PERMITTED USEA use that is located on a lot in which the land use, buildings and structures are in compliance with the zoning district provisions as well as all other pertinent regulations specified by this chapter.
PERSONThe term shall be construed to include an individual, partnership, public or private association or corporation, limited liability company, firm, trust, business trust, estate, foundation, municipality, governmental entity, public utility, other association or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PERSONAL SERVICE FACILITYA building or portion of a building in which the services of a person permitted to practice a specified profession are offered to the general public. Examples of such professions may include, accountants, agents, architects, barbers, beauticians, electronic repair technicians, engineers, lawyers, photographers, planners, printers; publishers; tailors, tanning salons, therapeutic massage, travel center, or other similar personal service establishments. This term shall not include an "adult use." The supplemental regulations for a personal care establishment are contained under §
375-23570 of this chapter.
Any substance or mixture of substances intended to prevent, destroy, repel, sterilize, or otherwise mitigate insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.
PETROLEUM PRODUCTOil or petroleum of any kind and in any form, including crude oil and derivatives of crude oil.
PHYSICAL THERAPYThe treatment, rehabilitation, and/or training of persons on an out-patient basis to regain, develop, or enhance their physical skills, condition, or stamina when such have been lost or impaired due to injury or illness.
PLACE OF WORSHIPA building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship or religious uses. Typical permitted accessory uses include rectories, convents, counseling facilities, day-care facilities, educational uses and other similar subordinate uses to the place of worship. The supplemental regulations for places of worship are contained under §
375-23580 of this chapter.
A proposal for development, subdivision or land development, including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities, which complies with the provisions established by East Lampeter Township.
PLANNING COMMISSIONThe East Lampeter Township Planning Commission, Lancaster County, Pennsylvania.
PLAYGROUNDA tract of land, designed and utilized by the general public for active and/or passive recreation purposes.
POLE BUILDING or POLE BARNAn accessory building that is generally utilized for storage that is typically built from treated poles that are anchored into the ground with the metal or aluminum sides attached in accordance with the specifications of the manufacturer. All such accessory buildings are not intended for human habitation.
PORCHA roofed or unroofed structure projecting from the front, side or rear wall of a building.
PREMISEProperty, including both land and buildings, upon and within which some activity is conducted or of which some use is made.
PRESERVATION or PROTECTIONWhen used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.
PRIME AGRICULTURAL LANDLand used for agricultural purposes that contains soils of the first, second, or third class, as defined by the latest edition of the Lancaster County Soil Survey, as prepared by the United States Department of Agriculture, Natural Resource and Conservation Services.
PRINCIPAL USEThe main or primary purpose for which any land, structure or building is designed, arranged or intended, and for which they may be occupied or maintained under the terms of this chapter. Unless otherwise specified by this chapter, only one principal use shall be permitted on a lot.
PRINCIPAL USES PERMITTED IN COMBINATIONTwo or more principal uses contained on a single lot or parcel of land that complies with the minimum and maximum lot area requirements specified by this chapter. The permitted uses shall only include those principal uses that are allowed within the zoning district on which they are located. The supplemental regulations for principal uses permitted in combination are contained under §
375-23590 of this chapter.
A legally established road right-of-way, which has not been dedicated to East Lampeter Township.
PROFESSIONALAn occupation practiced or performed by an individual who has been formally educated or trained for such occupation and who is typically, but not necessarily, licensed or certified in such occupation.
PROFESSIONAL CONSULTANTSPersons who provide expert or professional advice, including, but not limited to, architects, attorneys, biologist, certified public accountants, engineers, environmental scientist, forester, geologists, historian, land surveyors, landscape architects, planners and/or other similar professional consultants.
PUBLIC HEARINGA formal meeting held pursuant to public notice by East Lampeter Township the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter and the Pennsylvania Municipalities Planning Code.
PUBLIC MEETINGA forum held pursuant to notice under the requirements of this chapter, the Pennsylvania Municipalities Planning Code and the Pennsylvania Sunshine Law.
PUBLIC NOTICENotice that is published or advertised in accordance with the provisions specified by East Lampeter Township and the Pennsylvania Municipalities Code.
PUBLIC UTILITY BUILDING AND/OR STRUCTUREA principal use owned and operated by a public utility provider containing a building and/or structure located on a lot, parcel of land or lease area in accordance with the provisions specified by §
375-23610 of this chapter.
A substance which spontaneously emits alpha or beta particles or photons (gamma radiation) in the process of decay or transformation of the atom's nucleus.
RECREATION AREA, ACTIVELand area containing recreational facilities, which may require visitors or participants to become involved in physical or energetic functions, primarily group functions. Active recreation areas may include, but are not limited to: athletic fields; basketball courts; baseball fields; softball fields; football fields; soccer fields; tennis courts; playgrounds; tot lots; community centers; golf courses; hockey rinks; skateboard parks, swimming pools; and volleyball courts, and other similar active recreation areas.
RECREATION AREA, PASSIVELand area containing recreation facilities, which may require visitors or participants to become involved in quiet functions that do not require physical or energetic functions. Passive recreation areas may include, but are not limited to: open space: trails for walking or bicycling; surface water for canoeing or fishing; land preserve areas for hunting; pavilions; picnic areas; cultural centers; scenic vistas; and amphitheaters.
RECREATION FACILITYLand, water, buildings, structures, apparatuses and/or equipment, which are required to accommodate recreational uses. Also refer to the terms "recreation area, active" and recreation area, passive."
RECREATIONAL USEAn area of land that is specifically improved for recreational facility or use, which may include playing fields for baseball, football, lacrosse, rugby, soccer, or similar activities; outdoor courts for basketball, tennis, volleyball, or similar activities; skating rinks; skateboarding areas; swimming pools; playground areas suitable for children; or any combination of these uses. For the purpose of this chapter, golf courses, executive golf courses and driving ranges shall comply with the provisions specified under §
375-23320 of this chapter. "Recreational uses" may also include accessory or subordinate uses such as off-street parking areas, signage, and lighting, but enclosed structures shall be limited to those accommodating uses clearly accessory to the outdoor recreational function, such as concession stands, storage sheds, locker rooms and shower facilities, first-aid stations, and offices and meeting rooms for the administration of the facility. "Recreational uses" are further classified and defined as follows:
(1) RECREATION AS AN ACCESSORY USEA recreation use that is permitted exclusively as an accessory use to a permitted principal use with specific limitations in terms of its size and/or utilization with the principal use. The term "recreation as an accessory use" may also be reference as an "accessory recreational use." The supplemental regulations for an accessory recreation use are contained under §
375-23620 of this chapter.
RECREATION AS A COMMERCIAL RECREATIONAL USEA recreational use contained within a principal building and/or a defined accessory outdoor area, which is operated by a private entity as a commercial, for-profit business that is open to the general public for a fee. The term "recreation as a commercial use" may also be referenced as "commercial recreation use." The supplemental regulations for commercial recreation uses are contained under §
375-23620 of this chapter.
RECREATION AS A MUNICIPAL RECREATION USEAn area that is owned, operated and maintained by East Lampeter Township containing active and/or passive recreation uses and facilities, which are primarily utilized and benefit the landowners and residents within East Lampeter Township. The term "recreation as a municipal recreation use" may also be referenced as "municipal recreation use." The supplemental regulations for private recreation uses are contained under §
375-23620 of this chapter.
RECREATION AS A PRIVATE OR RESTRICTIVE USEA privately owned and maintained recreational area that has been established for a residential development or permitted use, whereas, access and use of the recreation area and facilities are limited to the members and their guests. The term "recreation as a private use" may also be referenced as "private recreation use." The supplemental regulations for private recreation uses are contained under §
375-23620 of this chapter.
RECREATIONAL VEHICLEA vehicle of any size, which is designed as a temporary dwelling or living unit for travel, recreation and vacation uses. Recreation vehicles may include motorized vehicles designed to be self-propelled or non-motorized vehicles designed to be towed or carried by another vehicle, including campers, pickup coaches, travel trailer, all-terrain vehicles, motorcycles, dirt bikes, snowmobiles, and similar vehicles. Also refer to the definition of "recreation vehicle" contained under "floodplain."
RECTORYA type of dwelling that is an accessory building and/or use to a place of worship, which is typically occupied by the leader of the congregation.
REGIONAL IMPACT DEVELOPMENTA type or scale of development that has the potential to have a significant impact on adjacent lands over a given time period and/or through cumulative phases of development, which are further regulated by this chapter. A regional impact development shall be classified as a principal use or combination of principal uses that have the capability to generate 500 or more vehicle trips during any peak hour of operation as part of an application. The regional impact development may include uses that are permitted within the zoning district on which the regional impact development is located and in accordance with §
375-23640 of this chapter.
A component or department of a principal use designated for the repair of equipment, machinery and/or vehicles, which are utilized as part of the functional operations of the permitted principal use. The supplemental regulations for a repair facility are contained under §
375-23650 of this chapter.
The members of the family, related by blood or marriage, residing on a farm and engaged in the agricultural operation which supports that family on that farm whether or not they own the farm. Only one member of the resident farm family shall be considered to be the resident farmer.
RESIDENT FARMERThe individual living on the farm who actually conducts the agricultural operation and any permitted farm support business operation or farm support limited impact business operation. There shall be only one resident farmer on any farm.
RESIDENTIAL ACCESSORY BUILDINGS AND STRUCTURESA detached building or structure that is accessory to a residential use, which is customarily incidental to that of the principal residential building, and which is located on the same lot as that occupied by the principal residential building. The supplemental regulations for residential accessory buildings and structures are contained under §
375-23660 of this chapter.
A building or group of buildings used for the lodging, boarding, personal care, nursing care and/or rehabilitation of four or more persons who, because of their mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of another person. The term "residential care facility" may also include an assisted living care facility, nursing center, nursing home, personal care facility and/or convalescent home, as defined and licensed in accordance with state and federal laws. This term or use shall not apply to a hospital, group home, half-way house and/or incarceration facility. The supplemental regulations for a residential retirement and/or care facility are contained under §
375-23670 of this chapter.
A use within a permitted dwelling that is designed and utilized as the living quarters for one or more families living independently of each other. Residential uses may be permitted within single-family detached units, single-family semidetached units, manufactured homes, apartment units, multifamily dwelling units and townhouse units, and provided the type of dwelling unit is a permitted use within the zoning district to which it is located, and provided that the dwelling unit is designed to comply with the standards and specifications referenced by this chapter.
RESTAURANTA commercial establishment devoted to the purchase of food and beverages for consumption by its patrons or customers. All restaurants that require the handling, preparation, storage, cooking, assemblage, distribution, serving and/or discarding of food and beverages shall comply with all pertinent local, state and federal laws or codes for such activities. The following specific types of restaurants are hereby defined:
(1) RESTAURANT AND/OR CAFETERIA AS AN ACCESSORY USEA defined portion of an enclosed building occupied by a principal use that is specifically designated as a restaurant or cafeteria in which employees can purchase food and beverages from a pickup counter, concession stand, vending machine and/or service order. The consumption of the food and beverages may take place within the designated restaurant and/or cafeteria area. The supplemental regulations for a restaurant and/or cafeteria as an accessory use are contained under §
375-23680 of this chapter.
RESTAURANT WITHOUT A DRIVE-THROUGH SERVICE LANEA principal use contained within an enclosed building in which the customers can purchase food and beverages from a pickup counter, service order and/or through a delivery service. The consumption of the food and beverage may take place within the designated service area of the restaurant. Drive-through service lanes shall not be permitted as a feature or option for the restaurant. The supplemental regulations for a restaurant without a drive-through service lane are contained under §
375-23680 of this chapter.
RESTAURANT WITH A DRIVE-THROUGH SERVICE LANEA principal use contained within an enclosed building in which the customers can purchase food and beverages from a pickup counter, drive-through serve facility, service order and/or through a delivery service. The consumption of the food and beverage may take place within the designated service area of the restaurant. The supplemental regulations for a restaurant with a drive-through service lane are contained under §
375-23680 of this chapter.
RESTAURANT WITH BRING YOUR OWN BOTTLE (BYOB) PROVISIONSAn establishment that serves prepared food, which is not licensed to serve or sell alcoholic beverages in accordance with the laws established by the Commonwealth of Pennsylvania, but where patrons are permitted to bring alcoholic beverages upon the premises for their own use and consumption if the establishment satisfy the criteria established within this chapter and the laws of the Commonwealth of Pennsylvania. The supplemental regulations for a restaurant with BYOB provisions are contained under §
375-23680 of this chapter.
RETAIL BAKERY OR CONFECTIONERA retail use that primarily prepares and sells breads, baked goods and other foods generally rich in sugar. The supplemental regulations for a retail bakery or confectioner are contained under §
375-23690 of this chapter.
A commercial establishment devoted to the sale of products and services to patrons within an enclosed building. Retail uses may include establishments selling clothing, crafts, business or office supplies, entertainment items, furniture, home improvement supplies, household products, personal care supplies, building supplies, sporting goods, equipment, machines, computers, electronics, pet supplies, medical supplies, agricultural supplies, firearms, and other similar retail uses. The supplemental regulations for retail sales are contained under §
375-23700 of this chapter.
The total area of a structure or lot (including aisles and open display areas) that is devoted to the display of goods and services available for sale to the general public. This term does not include adult uses, as defined by this chapter.
RETAIL STOREA business contained within a building in which the primary activities involve the display of items of available for retail sales and/or the rental of goods and products. This term shall not include adult uses, convenience stores, home improvement and building supply stores, grocery stores and/or shopping center, which are principal uses that are further defined and regulated by this chapter.
RIGHT-OF-WAYThe width or area of land, which is dedicated or reserved to accommodate streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, crosswalks, pedestrian paths, bicycle lanes, streetlights, streetlights and other similar private or public improvements.
(1) LEGAL RIGHT-OF-WAYThe existing width or area of land, which is currently owned and maintained by East Lampeter Township, the Commonwealth of Pennsylvania, and/or other public agency or authority.
ROADSIDE STANDSAny structure or land area used for the sale of agricultural products or horticultural produce produced by the farmer or the farmer's family on their farm. The supplemental regulations for a roadside stand are contained under §
375-23710 of this chapter.
An area on a shooting range facility designed to contain all projectiles fired from a shooting range.
SALDO or SLDOThe East Lampeter Township Subdivision and Land Development Ordinance, or any provisions or amendments thereof, enacted by the East Lampeter Township Board of Supervisors.
SALVAGE YARDAn area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed and uninspected, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "salvage yard." A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 60 days beyond the expiration date. The supplemental regulations for a salvage yard are contained under §
375-23720 of this chapter.
The required plumbing fixtures within a dwelling unit including a sink, toilet, bathtub or shower, which are functioning and compliant with the provisions of East Lampeter Township.
SANITARY SEWAGE DISPOSAL SYSTEMA system designed to collect, convey, treat and dispose of sewage from users in compliance with local, county, state and federal regulations.
(1) ON-LOT SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage or holds sewage from only one dwelling, principal use or lot where public sewage disposal service is not available. The term: "on-lot sewage disposal system" shall also be synonymous with the terms "on-lot sanitary sewage disposal system" and "on-site sewage disposal system."
PUBLIC SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, conveys, treats and disposes of sewage from more than one source by a system of pipes to a central treatment and disposal plant. The term "public sewage disposal system" shall also be synonymous with the terms "public sanitary sewage disposal system," "municipal sewage disposal system," and "municipal sanitary sewage disposal system."
SATELLITE COMMUNICATIONSAn accessory facility contained within a permitted use, which is capable of transmit and/or receive communication signals to serve the principal use in accordance with the provisions specified under §
375-23730 of this chapter. This use shall not be construed as a "telecommunication and wireless communication facility," which are further regulated under §
375-23810 of this chapter.
A device incorporating a reflective surface which is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based devices.
SCHOOLA building or group of building intended to provide or facilitate an educational use, including preschools, nursery schools, kindergartens, elementary schools, secondary schools, trade schools, vocational schools, colleges and/or universities. The supplemental regulations pertaining to schools are contained under §
375-23740 of this chapter. The following terms shall be a principal use in which supervised education or instruction is offered according to the following categories.
(1) COMMERCIAL SCHOOLA school not operated by a public agency that can offer any of a wide range of curriculums, including, but not limited to, all levels of academic, business and technical instruction, including computer operation and repair, and training in artistic, cosmetology, dance, baton-twirling, athletic, including gymnastics, martial arts, musical and other similar activities. Commercial schools are principal uses that are neither home occupations nor day-care operations. These uses shall not include vocational and/or mechanical trade schools as defined in this chapter. The term "commercial school" may also be referenced as "school as a commercial use" or as a "commercial school use." The supplemental regulations for a commercial school are contained under §
375-23740 of this chapter.
PUBLIC OR PRIVATE SCHOOLA school that offers preschool, elementary, secondary, post-secondary, and/or post-graduate education, or any combination thereof, that is owned operated and maintained in accordance with state and federal guidelines and laws. The term "public or private school," "public school" or "private school" may also be referenced as "school as a public school" or "school as a private use." The supplemental regulations for a private school are contained under §
375-23740 of this chapter.
VOCATIONAL, MECHANICAL OR TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations: agriculture and horticulture; truck driving; vehicular and engine repairs; building construction and general contracting; woodworking and carpentry; masonry; plumbing; electrical contracting; and other similar trades. The term "vocational, mechanical or trade school" may also be referenced as "school as a vocational, mechanical or trade use." The supplemental regulations for a vocational, mechanical or trade school use are contained under §
375-23740 of this chapter.
OTHER SCHOOLSCorrectional institutions and facilities for adjudicated delinquents shall not be permitted use within East Lampeter Township.
SELF-STORAGE FACILITYA building or group of buildings that are divided into individual accessible units, each of which unit is available for rent or lease to the public for the self-storage of tangible personal property. All such storage facilities shall not be used for processing, manufacturing, sales, research and development testing, service and repair, or other non-storage activities. The supplemental regulations for a self-storage facility are contained under §
375-23750 of this chapter.
The minimum horizontal distance as measured in a straight line between identified points.
SETBACKThe required horizontal distance between a setback line and a property or street right-of-way line.
(1) SETBACK, FRONTThe distance between the street right-of-way line and the front building setback line projected the full width of the lot. Commonly called the "required front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
SETBACK LINEA line within a property and parallel to a property or street right-of-way line which delineates the required minimum distance between some particular use of property and that property or street right-of-way or center line of the street.
SHOOTING RANGEA facility designed and constructed to allow for the safe discharge of firearms (e.g., guns, rifles, shotguns, pistols, air guns) by persons for the practice of marksmanship, recreation, competition, skill development, training, or any combination thereof. Shooting ranges may be indoor or outdoor facilities, which shall be subject to local, state and federal regulations. The term "shooting range" shall include "gun club" and "rod and gun club." Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania and §
375-23760 of this chapter.
A development consisting of four or more uses, which are permitted in the zoning district where the shopping center is located, each with its own separate customer entrance from the parking lot or street, and which are planned, designed, constructed and managed to function as a unit with shared stormwater management, vehicular access, off-street parking and signage. The spaces occupied by the permitted uses may be owned, leased or rented as individual stores or as part of a unified development. The provisions for shopping centers are contained under §
375-23770 of this chapter.
A structure or device for visual communication that is used to bring the subject to the attention of the public. The term "sign" shall include: lettering, logos, trademarks, and other symbols that are an integral part of the architectural design of a building which are applied to a building or which are located elsewhere on the premises; signs that are affixed to windows or glass doors or are otherwise internally mounted such that they are obviously intended to be seen and understood by vehicular or pedestrian traffic outside the building; flags and insignia of civic, charitable, religious, fraternal, patriotic, and similar organizations; insignias of governments and government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel, and similar objects; and inflatable objects. The term "sign" shall not include: architectural features that may be identified with a particular business; backlit awnings that include no lettering, logos, or other symbols; signs within a building that are obviously intended to be seen primarily from within the building; outdoor signs intended for use within a property, such as menu signs for a restaurant with drive-through service lanes; signs with regulations within a park; building identification signs within a campus; flags of governments or government agencies; decorative seasonal and holiday banners on residential properties; and displays of merchandise either behind store windows or outdoors. The following terms and definitions shall also apply to signs:
(1) BANNER OR FLAGA promotional sign for special community events, including, educational, charitable, philanthropic, civic, cultural, municipal, fraternal, religious, or similar community events, whereas the promotional sign shall be considered as temporary or permanent sign. All such signs shall be made of nylon, canvas, or similar all-weather material and properly maintained by the landowner.
BILLBOARDAn off-premises sign which directs attention to a product, service, business, or cause.
BUILDING SIGNA sign attached to or painted on a building that has a use in addition to supporting the sign. This term includes wall signs, overhead signs and roof signs.
BUSINESS SIGNA sign that directs attention to any business, professional, commercial, or industrial activity occurring on the premises on which the sign is located, but not including a home occupation sign.
CENTER SIGNA business sign that provides identification at the entrance to a shopping center, hospital or medical center, institutional use, office complex or industrial park.
CONTRACTOR SIGNA temporary sign that displays the name and information about a contractor who is involved in construction work occurring on the premises on which the sign is located.
DEVELOPMENT SIGNAn identification sign at the entrance to a permitted residential or nonresidential development.
ELECTRONIC DISPLAY SIGNA sign designed to project or reflect artificial light from an internal or external source, which may be directly, indirectly illuminated, or through transparent or translucent material. Illuminated signs may include, billboards, freestanding signs, ground signs, or signs affixed to a building or structure.
FLASHING SIGNA type of sign in which the illumination is not kept constant in intensity at all times of use, and which exhibits sudden, timed or marked changes in lighting effects. Unless otherwise permitted by this chapter, flashing signs shall be prohibited. Time and temperature signs may be permitted.
FREESTANDING SIGNA sign not attached to or painted on a building, or a sign attached to or painted on a building that has no use in addition to supporting the sign.
GOVERNMENT SIGNAn off-premises sign placed by a governmental unit, such as a traffic, directional, informational, street name sign or historical marker.
HOME OCCUPATION SIGNA sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
IDENTIFICATION SIGNA sign used to identify the name and display information about the individual, organization, agency, institution, facility, or development located on the premises on which the sign is located, but not including a business sign (also see "development sign" and "public use sign").
INCIDENTAL SIGNAn informational sign that carries a message such as "enter," "open," "telephone," "rest rooms," "no parking," "no trespassing," "warning," a listing of hours when open, an on-site direction, or similar information or direction. Incidental signs may not include any commercial message or logo, except that one "enter" sign per entrance may include a logo or business name, as long as the entrance is exclusively for that business and the logo or business name is subordinate to the word "enter."
ISSUE SIGNA sign that directs attention to a candidate or candidates for public office or to an opinion of a public or private nature, such as, but not limited to, a community, social, religious, political, or ballot issue.
MONUMENT SIGNA freestanding sign that is primarily composed of stone, brick or masonry materials with the entire base of the sign structure in contact with the ground or supported by a base constructed of permanent materials such as stone or bock, and landscaped to enhance the overall appearance of the area.
NONPROFIT ORGANIZATION SIGNAn off-premises sign displaying information about a place of worship, service club, or other organization that does not operate for the purpose of making a profit.
OPEN HOUSE SIGNA temporary sign that provides information about a real estate open house, including the words "open house," the day and time of the open house, and the name of the realtor.
OVERHEAD SIGNA building sign located such that pedestrian or vehicular traffic might pass beneath any part of it.
PUBLIC USE SIGNAn identification sign used to identify the name and display information about a public use such as a government building, school, park, firehouse, or place of worship.
PUBLIC UTILITY SIGNA sign with a message relating to a business organization performing a public service and subject to special governmental regulations (e.g., an electric company, sewer authority, or telephone company).
PYLON SIGNA sign principally supported by one or more columns, poles, or braces placed in or under the ground.
REAL ESTATE SIGNA temporary sign that provides information about a real estate activity on the premises on which the sign is located, such as a sign advertising a sale, rental, or property available for or in the process of development, but not including an open house sign.
SIDEWALK SIGNA temporary sign placed on the sidewalk adjacent to the commercial activity it advertises, but not including a contractor sign, a garage sale or yard sale sign, a home occupation sign, an open house sign, a real estate sign, or a special event sign.
SPECIAL EVENT SIGNA temporary sign that carries information about a special event such as an auction, flea market, festival, carnival, meal, or fund-raising event, but not including any business sign, such as a "sale" sign at a store.
TEMPORARY SIGNA sign that is displayed for no more than three months in any year, unless stated otherwise in this chapter.
WINDOW DISPLAYAn exhibit behind a window that is intended to draw attention to a product, service, business, or cause.
SILOA tall cylindrical structure that is typically located on a farm for nonresidential uses.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, whereas the ownership is separate and distinct from that of any adjoining land areas.
SINGLE-FAMILY ATTACHED DWELLING AS A SECOND DWELLING ON A FARMAn attached dwelling that is added to a single-family detached dwelling located on a farm exceeding 50 acres. No more than one attached dwelling shall be permitted, which shall be occupied by a relative of the landowner. The supplemental regulations for a single-family attached dwelling as a second dwelling are contained under §
375-23780 of this chapter.
Topographic conditions in which the percentage of vertical to horizontal relief is computed utilizing standard rise over run calculations and/or as defined by this chapter.
SOCIAL CLUBLand and buildings containing administration offices, recreation facilities, restaurants, banquet facilities, social quarters, entertainment uses and similar uses, owned and operated by nonprofit organizations for the exclusive use of the members or guests. The supplemental regulations for a social club are contained under §
375-23790 of this chapter.
The latest published version of the Lancaster County Soil Survey, as prepared by the United States Department of Agriculture, Natural Resource and Conservation Services.
SOLICITORThe legal consultant or attorney appointed by the East Lampeter Township Board of Supervisors.
SOLID WASTEGarbage, refuse, and other discarded materials, including, but not limited to, solid, liquid, semisolid or contained gaseous waste materials resulting from municipal, industrial, commercial, agricultural, and residential activities. Such wastes shall not include biological waste, hazardous waste and/or radioactive waste as defined and regulated under state and federal laws.
SPECIAL EXCEPTIONA use that is generally compatible with those otherwise permitted in a particular zoning district but for which additional criteria has been established for review and consideration by the Zoning Hearing Board, as stipulated by this chapter.
SPEED BUMPA bump in an access drive or interior driveway that may be circular, parabolic, or sinusoidal, and it may have gaps near the curb to allow drainage.
STATEThe Commonwealth of Pennsylvania and its designated agencies.
STATE OR COUNTY HIGHWAY MAINTENANCE FACILITYLand and building utilized by a state or county governmental agency for transportation improvements and maintenance projects. The supplemental regulations for a state or county highway maintenance facility are contained under §
375-23800 of this chapter.
A tall tapering structure narrowing to a point on the top that is located on the roof of or is part of the superstructure of a church or other place of worship.
STORMWATERDrainage runoff from the surface resulting from precipitation in the form of rain, snow, sleet, hail or ice.
STORMWATER MANAGEMENTA program of controls and measures designed to regulate the quantity and quality of stormwater runoff from a defined area or development, while promoting the protection and conservation of surface water, groundwater and groundwater recharge.
STORMWATER MANAGEMENT FACILITIESThose controls and measures including, by not limited to, berms, terraces, bridges, dams, storm sewers, basins, infiltration systems, swales, watercourses, and floodplains, used to implement a stormwater management regulations.
STORYThat part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A split level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building that is more than two feet below the top plate shall be counted as a half-story. A basement shall be counted as a story if it averages more than five feet above grade.
STREAMAny natural or man-made channel of conveyance of surface water with an annual or intermittent flow within a defined bed and bank.
STREETA public or private right-of-way intended for use as a means of vehicular and pedestrian circulation that provides a means of access to abutting property, excluding driveways, interior driveways and access drives. The word "street" includes "thoroughfare," "avenue," "boulevard," "court," "drive," "expressway," "highway," "lane," and similar terms.
STREET CENTERLINEA line laterally bisecting a street right-of-way into equal widths. Where the street right-of-way cannot be determined, the cartway center line shall be deemed the street center line.
STREET CLASSIFICATIONThe functional use and occupancy of a street, which is typically assigned a level of service that may include: local service road; local or minor street; collector street; arterial street; and expressway. Unless otherwise specified, the street classification are defined and designated within the Comprehensive Plan or on the Official Map.
STREET FRONTAGEThe lot dimension measured along the street line or right-of-way line of any one street or highway abutting a lot.
STREET RIGHT-OF-WAY LINEThe line defining the limit of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.
STRUCTUREAny man-made object having an ascertainable location on or in land or water whether or not affixed to land. Including but not limited to: buildings, sheds, manufactured homes, swimming pools, patios, garages, utility buildings, storage tanks, swing sets, signs, alternative energy systems, agricultural buildings, telecommunication facilities, tiny homes, storage containers, etc.
(1) ACCESSORY STRUCTUREA detached or subordinate structure, the use of which is customarily incidental 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.
PERMANENT STRUCTUREA structure to be utilized for a specific purpose for more than one year, provided the structure complies with the provisions established by East Lampeter Township.
TEMPORARY STRUCTUREA structure to be utilized for a specific purpose for less than one year, provided the structure complies with the provisions established by East Lampeter Township.
STUDENT HOUSING UNITSA dormitory or residence hall established to occupy students attending a nearby educational use during the time of year when the educational use is in session. All student housing units or dormitories may include defined sleeping and living areas, common sanitary sewage facilities, common bathing facilities, common cooking facilities, and other similar types of uses.
SUBDIVISIONThe 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. The 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.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO or SLDO)The East Lampeter Township Subdivision and Land Development Ordinance, or any provisions or amendments thereof, enacted by the Board of Supervisors. The East Lampeter Township Subdivision and Land Development Ordinance may also be referenced as "SALDO" or "SLDO."
SUBTERRANEAN BUILDINGSA building covered by land on at least 50% of the combined surface of its walls and roof.
SURVEYORAn individual registered with the Commonwealth of Pennsylvania, as authorized to measure the boundaries of tracts of land, establish locations, and perform the requirements of a survey.
SWIMMING POOLAny structure or inflatable device containing, or normally capable of containing, water to a depth at any point greater than 24 inches, as further regulated within §
375-22030 of this chapter. Farm ponds, stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
An establishment where alcoholic beverages and/or entertainment are served or provided to the general public as the primary portion of the trade in accordance with local and state laws.
TELECOMMUNICATION AND WIRELESS COMMUNICATIONThe science or technology of communications by the transmission of impulses as by telegraph, cable, cellular, telephone, radio, television, microwave, earth station broadcast/cable television communications and other similar technology not otherwise enumerated and as may evolve after enactment of this chapter. The supplemental regulations for telecommunication and wireless communication uses are contained under §
375-23810 of this chapter.
Any device used for the transmission or reception of wireless communications signals for ultimate reception by a radio, television, wireless telephone, pager, commercial mobile radio service, or any similar device. This term includes without limitation omnidirectional (or whip) antennas and directional (or panel) antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include satellite dishes, television antennas, or amateur radio equipment when mounted on a residential property in order to be used by the residents of that property.
TELECOMMUNICATION AND WIRELESS COMMUNICATION FACILITYFacilities for the transmission, broadcast or reception of radio, television, shortwave, electromagnetic, cellular, wireless or other wave band signals of a similar nature which are designed or used for the purpose of transmitting, broadcasting or receiving visual, audio, electronic or other information or data. Such facilities do not include, however, receiving facilities which are for the use of individual consumers and not a part of a commercial communications enterprise.
TERRACEA hard-surfaced area of ground that is generally contiguous to a dwelling and utilized for outdoor living.
THEATERA building containing a stage and/or screen and seating available to accommodate customers or patrons to view movies, plays, concerts, meetings, social events and/or similar performances. The supplemental regulations for a theater are contained under §
375-23820 of this chapter.
A legal method of applying pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of any part of the body with the hands or with the aid of any mechanical or spa apparatus. A therapeutic message shall not include any activities relating to an adult use.
THERAPEUTIC SPA or HOT TUBAny structure intended for relaxation, physical therapy, bathing or wading containing over a depth exceeding 24 inches, as further regulated within §
375-22030 of this chapter.
A single-family detached dwelling, where the accommodations are rented to a maximum of 10 overnight guests on a daily basis for a period of time not exceeding 30 consecutive days. The accommodations within the dwelling may be offered only to registered guests. The supplemental regulations for a tourist home are contained under §
375-23110 of this chapter.
East Lampeter Township, Lancaster County, Pennsylvania.
TOWNSHIP ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for East Lampeter Township.
TRACTOne or more lots assembled for the purposes of subdivision or land development.
TRANSIENTThe temporary passing or crossing from one thing or person to another, or from place to place, provided the passing or crossing is temporary and not permanent.
TRANSITION HOUSINGA housing facility for persons serving time as an alternative to incarceration within a prison, detention facility, correctional facility and/or other similar transitional housing opportunities. Transitional housing shall not be permitted as a principal or accessory use within East Lampeter Township.
TRANSPORTATION DEPOTAn area of land with or without structures where the principal use is the housing, storing, maintaining, repairing, and/or dispatching of vehicles (other than aircraft) owned or operated by a provider of public transportation as regulated by the Pennsylvania Public Utility Commission (PUC). This term excludes the storage of junked or discarded vehicles. The supplemental regulations for a transportation depot are contained under §
375-23840 of this chapter.
A portable structure primarily designed to provide temporary living quarters for recreation, camping, or other travel purposes. The following attributes are characteristic of a "travel trailer": the unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled, or when hauled by a standard motor vehicle on a highway; the unit is mounted or designed to be mounted on wheels; the unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck; the unit contains, or was designed to contain, temporary storage of water and sewage, and/or the unit contains some identification by the manufacturer as a travel trailer.
UNIFORM CONSTRUCTION CODE (UCC)The statewide building code adopted by the Pennsylvania General Assembly, which is applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor of Industry. The UCC incorporates the International Residential Code (IRC), the International Building Code (IBC) and the International Existing Building Code (IEBC). For coordination purposes, references to the above are made specifically to various sections of the IRC, IBC and IEBC.
UNITED STATES POST OFFICEA principal use located on a parcel of land containing a building that is owned and operated by the federal government for the purposes of distributing, collecting and shipping mail and packages from a post office designated for a single zip code. A distribution, collection and shipping facility designated to operate as a regional facility covering more than one zip code shall be classified as a "warehouse and distribution center."
USEThe specific purpose for which land, water, signage, structures, or buildings are designed, arranged or intended, to be utilized, occupied or maintained, or any activity, occupation, residence, business or operation, which may be carried on thereon or therein. The term "permitted use" or any equivalent term utilized within this chapter shall not be deemed to include any nonconforming use.
(1) ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot such principal use or building.
PRINCIPAL USEThe main or primary purpose for which any land, structure or building is designed, arranged or intended, and for which they may be occupied or maintained under the terms of this chapter. Unless otherwise specified by this chapter, only one principal use shall be permitted on a lot.
PERMITTED USEA use located on a lot within a zoning district in which the land use, buildings and structures are in compliance with the provisions of this chapter.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or with a specific amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or the specific amendment, or prior application of this chapter or the specific amendment to its location by reasons of annexation. The provisions relating to nonconforming uses are further specified under Article
XXIV of this chapter.
PERMANENT USEA permitted use conducted on a lot for more than one year, provided the permanent use complies with all provisions of East Lampeter Township.
SEASONAL USEA permitted use conducted on a lot during certain defined segments of the year, provided the seasonal use complies with all provisions of East Lampeter Township.
TEMPORARY USEA permitted use conducted on a lot for less than a one-year period of time, provided the temporary use complies with all provisions of East Lampeter Township.
USES NOT SPECIFICALLY PERMITTEDOther types of uses that are not specifically defined, identified or recognized within this chapter. All such uses shall be permitted by conditional use within the I-2 Zoning District and subject to the provisions of §
375-23850 of this chapter.
A service, facility, apparatus or use, which provides electric, telephone, cable, sewer, water, natural gas, and similar utility services, to customers within a defined service area, grid, neighborhood region, or municipality.
(1) COMMUNITY UTILITYA utility, which is owned, operated or maintained by a public utility provider, municipality, municipal authority, homeowners' association, or private agency for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area. A community utility may be permitted as an accessory use as part of a permitted principal use or development.
PRIVATE UTILITYA principal use owned, operated and/or maintained by a private or independent utility company for the purposes of providing energy within a defined service area or grid system in accordance with the provisions established by the Public Utility Commission and the Public Utility Code. Also refer to the definitions contained under "alternative energy facility."
PUBLIC UTILITYA utility, which is owned, operated or maintained by a public utility provider for the purposes of providing sanitary sewage disposal, water supply, energy, telephone, or other utility services within a defined service area in accordance with the Public Utility Commission and the Public Utility Code.
VARIANCERelief granted by the Zoning Hearing Board from the terms and conditions of this chapter where literal enforcement would create unnecessary hardship and when granting of the relief would not be contrary to the public health, safety or general welfare of the community. The provisions and procedural requirements for a zoning variance are contained under §
375-25060 of this chapter.
Any motor vehicle utilized for any lawful use, which is properly licensed and inspected in accordance with all local, state and federal laws.
WAREHOUSEA building or group of buildings used for the temporary storage of goods and materials.
WAREHOUSE AND DISTRIBUTION FACILITYA building or group of buildings primarily utilized for storage, transfer, loading and unloading of products or commodities, but shall not include retail uses or trucking establishment, unless such use is specifically permitted in that district. The supplemental regulations for a warehouse and/or distribution center are contained under §
375-23870 of this chapter.
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term waste shall also include and apply to waste that may be considered as either hazardous, contaminated, toxic, residual, municipal or recyclable, as further defined by the Commonwealth of Pennsylvania, the United States Environmental Protection Agency, and/or other agency having jurisdiction.
WATER SUPPLY SYSTEMA system designed to transmit water from the source to users, in compliance with the requirements of the appropriate state agencies and East Lampeter Township.
(1) ON-LOT WATER SUPPLY SYSTEMA water supply system, which transmits water from a source on the lot to one dwelling, principal use or lot where public water supply service is not available. The term: "on-lot water supply system" shall also be synonymous with the term "on-site sewage disposal system."
PUBLIC WATER SUPPLY SYSTEMA system of water collection, storage, transmission and delivery, which are to service a community, but not confined to a neighborhood. All such public or municipal water supply systems shall be designed to provide adequate pressure, distribution and storage for fire protection. The term "public water supply system" shall also be synonymous with the term "municipal water supply system."
WATER TOWERA structure owned and operated by a company, which is regulated by the Pennsylvania Public Utility Commission, which is utilized to store water.
WATERCOURSEA perennial or intermittent stream, river, brook, run, channel, swale, pond, lake, or other body of surface water carrying or holding water, whether natural or artificial.
WATERSHEDThe total land area where water drains into a particular watercourse.
WETLANDSLand areas that are inundated or saturated by surface or groundwater with a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (wetlands generally include swamps, marshes, bogs, and similar areas); or areas that are defined and delineated in accordance with the Federal Manual for Identifying and Delineating Jurisdictional Wetlands or as further defined and delineated by the United States Army Corps of Engineers, the United States Environmental Protection Agency, or the Pennsylvania Department of Environmental Protection.
WHOLESALE AND DISTRIBUTION FACILITYA building or group of buildings primarily utilized for the sale and distribution of merchandise in large quantities or transactions of commodities to retailers, contractors, businesses, and their agents. A portion of the operations may include retail sales that are available to the general public. The supplemental regulations for a wholesale and distribution facility are contained under §
375-23880 of this chapter.
An open space on the same lot with a structure(s), which lies between the structure(s) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
(1) FRONT YARDA yard extending the full width of the lot between a structure and the front lot line. On lots abutting more than one public street other than an alley the front yard requirement shall apply fronting each public street.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
ZONINGThe divisions and designation of specified districts within a municipality or region, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
ZONING HEARING BOARDThe East Lampeter Township Zoning Hearing Board, as established and appointed by the East Lampeter Township Board of Supervisors, to hear matters in accordance with this chapter.
ZONING OFFICERThe agent or official who has been designated and appointed by East Lampeter Township to administer and enforce this chapter.
ZONING ORDINANCEThe East Lampeter Township Zoning Ordinance of 2016, including the Zoning Map and any amendments thereof, which have been enacted by the East Lampeter Township Board of Supervisors.