Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meanings indicated:
To cease or discontinue a use or activity for a period of
12 months, but excluding temporary or short-term interruptions to
a use or activity during periods of remodeling, maintaining, or otherwise
improving or rearranging a facility, or during normal periods of vacation
or seasonal closure.
See "accessory use."
A structure or use that:
Is clearly incidental to and customarily found
in connection with a principal building or use;
Is subordinate to and serves a principal building
or a principal use;
Is subordinate in area, extent, or purpose to
the principal building or principal use served;
Contributes to the comfort, convenience, or
necessity of occupants, business, or industry in the principal building
or principal use served; and
Is located on the same lot as the principal
building or use served.
A person who has attained 18 years of age.
An establishment where, for any form of consideration, one
or more motion-picture projectors, slide projectors, or similar machines
for viewing by five or fewer persons each are used to show films,
motion pictures, video cassettes, slides, or other photographic reproductions
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
An establishment that has as a substantial portion of its
stock-in-trade and offers for sale, for any form of consideration,
any one or more of the following:
Books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video cassettes, slides,
DVDs and similar electronic media, or other visual representations
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that
are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant, or similar establishment that
regularly features live performances that are characterized by the
exposure of specified anatomical areas or by specified sexual activities,
or films, motion pictures, video cassettes, slides, or other photographic
reproductions in which a substantial portion of the total presentation
time is devoted to the showing of material that is characterized by
an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
An establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar photographic
reproductions are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized
by an emphasis on the depiction or description of specified sexual
activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar establishment
characterized by activities of which a substantial portion of the
presentation time features the exposure of specified anatomical areas
or by specified sexual activities.
Any of the following uses: adult arcade, adult bookstore,
adult novelty store, adult video store, adult cabaret, adult cinema,
adult theater, escort agency, nude model studio, peep show, sexual
encounter establishment.
Tilling of the soil, raising of crops, horticulture, and
animal husbandry.
Any machine or structure supported for flight in the air
by buoyancy or by the dynamic action of air on its surfaces, including
powered airplanes, gliders, helicopters, ultralights, and hot-air
and gas-filled balloons.
A landing area that may be used for flight operations, including
charter or leasing of aircraft, aircraft sales, aircraft rental, flight
instruction, air freight, aircraft maintenance and repair, but excluding
scheduled airlines.
A paved or cleared strip on which aircraft land and take
off. Such an area shall not include charter or leasing of aircraft,
aircraft sales, aircraft rental, flight instruction, air freight,
or aircraft maintenance and repair.
A public thoroughfare that affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
A change or rearrangement in the structural parts or in the
existing facilities of a building or structure, or an enlargement,
whether by extending on a side or by increasing height, or the moving
from one location or position to another.
See "structural alteration."
One-thousand-pounds live weight of livestock or poultry,
regardless of the actual number of individual animals comprising the
unit.
A building used by a veterinarian for the treatment, housing,
or boarding of small domestic animals, such as dogs, cats, rabbits,
and birds or fowl.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves located out of doors or attached to the exterior of any building.
A facility for the housing and personal care of persons age
55 or older who require only intermittent care to maintain the basic
needs of daily living, including hygiene, cooking, cleaning, eating,
nutrition, ambulatory care, recreation, community activities, and
mobility, general safety, and similar activities of daily living.
An assisted living facility may include elements of a rest home or
convalescent home, but shall not include a nursing home, continuing
care retirement community, halfway house, group home, drug or alcohol
rehabilitation center, or similar facilities.
[Amended 6-12-2019 by Ord. No. 318-2019]
A building for storing livestock, forage, crops, or machinery
associated with agricultural activities occurring on the same tract
of land as the building in question.
A flood which has a one-percent chance of being equaled or
exceeded in any given year (also called the "one-hundred-year flood"
or one-percent-annual-chance flood).
[Added 8-9-2017 by Ord.
No. 294-2017]
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 one-percent-or-greater chance of
being equaled or exceeded in any given year.
[Added 8-9-2017 by Ord.
No. 294-2017]
Any area of a building having a floor below ground level
on all sides.
A single-family detached dwelling where between one and five
sleeping accommodations are rented to overnight guests on a daily
basis for periods not exceeding two weeks. Meals may be offered only
to registered overnight guests.
A vehicle for traveling in or on water.
A building where the brewing, distilling, processing and
production of beer, malt, distilled and related alcoholic beverages
occurs on site in accordance with the Pennsylvania Liquor Code and
in compliance with the requirements of the Pennsylvania Liquor Control
Board. The term may or may not include an area for the consumption
of such beverages.
[Added 6-12-2019 by Ord.
No. 314-2019]
A restaurant in which beer or malt beverages, wine, and other
alcoholic beverages are manufactured, brewed or distilled on site
for retail purchase only and which establishment is licensed and operated
in accordance with the Pennsylvania Liquor Code and in compliance
with the requirements of the Pennsylvania Liquor Control Board.
[Added 6-12-2019 by Ord.
No. 314-2019]
A landscaped area intended to separate and sometimes partially
or fully obstruct the view of two adjacent land uses or properties
from one another. Unless otherwise specified, buffers may be included
as part of required setbacks and yard areas.
A 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.
The aggregate of the maximum horizontal cross-section area of the buildings on a lot, excluding projections as permitted in conformance with Article II of this chapter.
The percentage of the lot area covered by the legally prescribed
building area.
That portion of a lot in which buildings may be erected,
as determined by the minimum required front, side, and rear yard setbacks.
The line, parallel to the street line, that passes through
the point of the principal building nearest the front lot line.
FRONT YARD BUILDING SETBACK LINE The line parallel to the public street ultimate right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public street right-of-way shall be considered front yards.
SIDE YARDThe required open space extending along the side lot line from the front yard to the rear yard.
REAR YARDThe required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
The diameter of a tree trunk measured at a point 4 1/2
feet from the ground surface at the center of the base of the tree
(also known as "DBH").
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary, or seasonal nature, including a travel trailer camp or
travel trailer court.
A roofed area projecting from the side of a building or standing
alone, used as a shelter for motor vehicles.
That area of a road or other street within which vehicles
are permitted, including travel lanes, but not including shoulders,
curbs, gutters, sidewalks, or drainage swales.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbariums, mausoleums,
and mortuaries when operated in conjunction with and within the boundaries
of such cemetery. Crematories are excluded from cemeteries.
A building or group of buildings, including customary accessory
buildings, designed or intended for organized religious services.
For the purpose of this chapter, the word "church" shall include chapels,
cathedrals, synagogues, temples, mosques and similar designations.
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
A facility licensed by the Pennsylvania Department of Health
which provides specialty or multispecialty outpatient surgical treatment
which does not require hospitalization but does require constant medical
supervision following the surgical procedure performed. The surgical
treatment and supervision shall require less than a twenty-four-hour
stay at the facility. Patients may be permitted to stay at the facility
for an additional period of 72 hours for physical rehabilitation,
therapy, and recovery directly associated with the surgery.
[Added 8-14-2019 by Ord.
No. 319-2019; amended 11-11-2020 by Ord. No. 326-2020]
A private, noncommercial, and not-for-profit association
or corporation, organized and engaged in common recreational, swimming,
and social purposes or other common objectives related to community,
charitable, educational, or political purposes and consisting solely
of a limited membership that operates and controls the association
or corporation, excluding churches, synagogues, or other houses of
worship.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space, and preservation of environmentally
sensitive areas.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
See "open space."
A place, structure, area, or other facility used for and
providing social and/or recreational programs generally open to the
public and designed to accommodate and serve significant segments
of the community.
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Agricultural operations that exceed an animal density of
two animal equivalent units per acre.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions and organized in accordance
with the Pennsylvania Uniform Condominium Act.[2]
A facility that is constructed for and devoted to formal
meetings and meeting space.
A portion of a lot or tract identified by agencies of the
state or federal government as being environmentally contaminated
or where pollutants exceed the applicable state or federal standards
for the proposed use of the property.
[Added 6-21-2021 by Ord. No. 339-2021]
A residential community designed to provide independent and
assisted living arrangements for person(s) aged 55 years and older
as part of a planned community that also provides nursing services,
medical services, and other health-related services pursuant to an
agreement effective for the life of the resident.
A facility that provides a temporary residence and nursing
care for persons recovering from an illness or injury. A convalescent
home does not include a halfway house, drug or alcohol rehabilitation
center, or similar facilities.
A facility used for the disposal of human remains by cremation.
A facility licensed by the Pennsylvania Department of Aging
which provides supervised care and assistance, including a variety
of health, social and support services, to functionally and/or cognitively
impaired adults.
[Added 11-14-2007 by Ord. No. 201-2007]
A facility licensed by the Pennsylvania Department of Public
Welfare which exclusively provides supplemental care or supervision
and/or instruction to children under the age of 14 during the entire
day or any portion of the day.
[Added 11-14-2007 by Ord. No. 201-2007]
Destruction of a building or structure, all or in part, whether
systematic or by neglect. Demolition shall include the extensive removal
or stripping of significant interior or exterior architectural features
and leaving a building or structure open or vulnerable to vandalism
or decay by the elements.
The gross acreage of a tract or lot minus the area of public
rights-of-way, utility easements or rights-of-way, environmentally
sensitive areas, and contaminated areas which have not been remediated
in accordance with applicable state and federal standards. All development
standards within the applicable zoning district shall be calculated
based on developable acreage of a lot or tract, unless otherwise noted.
[Amended 6-21-2021 by Ord. No. 339-2021]
Any landowner, equitable owner or authorized agent of such
landowner who makes or causes to be made a subdivision of land or
a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling; grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The provisions for the development of a residential, commercial,
or industrial site prepared in accordance with this chapter, including,
but not limited to, a plat of subdivision, location of various uses,
all covenants relating to use, location, and bulk of buildings and
other structures, intensity of use or density of development, streets,
parking facilities, common open space, and public facilities. The
phrase "provisions of the development plan" when used in this chapter,
shall mean both the verbal and graphic materials referred to in the
proposal.
An area that includes all buildings, lots, and tracts within
certain designated boundaries as indicated on the Zoning Map or Maps.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product while remaining in an automobile.
A private way providing for vehicular and pedestrian access
between a public street and a parking area within a lot or tract.
A building or portion thereof that is used exclusively for
residential purposes:
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied by one family and having no wall in common with an adjoining building.
TWO-FAMILY DWELLINGA building designed for and occupied by two families.
TWIN OR SEMIDETACHEDA building with one unit on each side of a common wall.
DUPLEXA building with one unit placed above the other so that they share a common horizontal partition.
SINGLE-FAMILY ATTACHED DWELLINGA building containing not more than six dwelling units separated by parallel party walls, each of which has only one dwelling from ground to roof, independent outside access, not more than two walls in common with adjacent units and open-space exposures to the front and rear (internal units) or front, rear and one side (end units). Such dwellings shall include, but not be limited to, the following types: triplex, quadruplex, townhouses (in rows of no more than six units).
MULTIFAMILY DWELLINGA building designed for and occupied by more than two families. Such dwellings shall include, but not be limited to, the following types: townhouses (in rows of more than six units), stacked townhouses, multiplex, garden apartments, midrise apartments.
Two or more rooms used exclusively for occupancy by one person
or family, containing living, sleeping, cooking, and bath facilities
for the use of and under the control of the occupants.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation, or another person
or entity.
Building or structures and equipment erected and used for
the purpose of transmission, switching, or transforming of electrical
current between customers and the utility company facilities, not
including the storage of materials, trucks, repair facilities, or
housing of repair crews, such buildings or structures being appropriately
planted or screened to blend the installation with the surrounding
landscape.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent, or otherwise, and whether or not said person is paid a salary,
wage, or other compensation by the operator of said business. "Employee,
sexually oriented business" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises, or for the delivery of goods to the premises.
An area consisting of any of the following:
[Amended 6-21-2021 by Ord. No. 339-2021]
Floodplain areas, as defined in this chapter and as regulated by § 200-55.
Areas of steep slope and very steep slope, as defined in this chapter and as regulated by § 200-57.
Areas identified as wetlands, as defined in
this chapter and in accordance with the U.S. Army Corps of Engineers
Wetland Delineation Manual.
Riparian buffer areas, as defined in this chapter and as regulated by § 200-56.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association that furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
A space that 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.
The erection, construction, alteration, or maintenance, by
public utilities or municipal or other governmental agencies or private
corporations under contract to a municipality, of gas, electrical,
steam or water transmission or distribution system, and sewer and
solid waste disposal systems, including buildings, enclosures, wells,
pumping stations, poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic light signals,
hydrants, sanitary landfills, incinerator waste disposal areas, and
other similar equipment and accessories and services in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or private corporations under contract to a municipality, including
firehouses of fire companies and emergency services under agreement
with the municipality or for the public health or safety or general
welfare.
Any of the following:
The opening or commencement of any sexually
oriented business as a new business;
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The addition of any sexually oriented business
to any other sexually oriented business; or
The relocation of any sexually oriented business.
One or more individuals related by blood, marriage, legal
guardianship, licensed or court-appointed foster care, or legal adoption
living in a dwelling as a single housekeeping unit; or a maximum of
three persons who are not related to each other by blood, marriage,
legal guardianship, licensed or court-appointed foster care, or legal
adoption living in a dwelling as a single housekeeping unit, with
limited exception for persons possessing a handicap and living together
in a group home, as defined in this article, and within the meaning
of the Fair Housing Act, 42 U.S.C. § 3602(h) as amended.
A family does not include group living situations such as student
housing, dormitories, fraternities, sororities, monasteries, nunneries,
boarding or rooming houses.
[Amended 6-12-2019 by Ord. No. 304-2019]
The Federal Emergency Management Agency.
The enclosing or dividing framework for land, yards, or gardens;
a barrier of posts, wire, or other suitable materials.
A fence consisting of, except for basic structural support,
a series of longitudinal and transverse wires arranged at right angles
to each other and welded or otherwise joined together at all points
of intersection. Openings in such a fence shall be a minimum of 24
square inches.
The Flood Insurance Rate Map prepared by FEMA that became
effective on September 29, 2006.
A temporary inundation of normally dry land.
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.
[Added 8-9-2017 by Ord.
No. 294-2017]
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.
[Added 8-9-2017 by Ord.
No. 294-2017]
A relatively flat or low land area that 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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
The 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.
[Amended 8-9-2017 by Ord.
No. 294-2017]
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics, and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars or basements, unenclosed porches, or attics not
used for human occupancy, or any floor space in accessory buildings
or in the main building intended and designed for the parking of motor
vehicles in order to meet the parking requirements of this chapter,
or any such floor space intended and designed for accessory heating
and ventilating equipment. It shall include the horizontal area at
each floor level devoted to stairwells and elevator shafts.
Determined by dividing the gross floor area of all buildings
on a lot by the developable acreage of that lot.
A unit of illumination equal to one lumen per square foot.
(one footcandle equals 10.76 lux).
The length of any one property line of a premises, which
property line abuts a legally accessible street right-of-way.
An enclosed area of land of at least one acre, for the not-for-profit
protection and managed care of wildlife.
A building other than a private garage, one or more stories
in height, used for the storage, maintenance, and repair of motor
vehicles.
An accessory building or part of a permitted principal building
capable of the storage of automobiles or trucks owned and used by
the owner or tenant of such building. Such building shall not be utilized
at any time for commercial or business purposes.
A building, not a private or commercial garage, used solely
for the temporary parking or storage of motor vehicles and not intended
for the sale of gasolines or other flammable products.
A lot or area of land, together with any structure thereon,
used for the retail sale of motor fuel and lubricants, and incidental
services such as the sale, installation, or minor repair of tires,
batteries, or other automotive accessories.
A sensation of brightness within the visual field that causes
annoyance, discomfort, or loss in visual performance and visibility.
An organized, unlighted area of land containing a minimum
of 40 contiguous acres, a minimum of nine holes, and a minimum total
fairway length of 3,000 yards, constructed in accordance with PGA
and USGA standards.
The Board of Supervisors of East Whiteland Township, Chester
County, Pennsylvania.
The average of the finished ground level at the center of
all walls of a building. In cases where walls are parallel to and
within five feet of a sidewalk, the ground level shall be measured
at the sidewalk.
An enclosed building used for the cultivation of plants.
An arrangement of solar panels or solar energy system including
frames directly supported by the ground and not mounted on a building.
[Added 10-14-2009 by Ord. No. 219-2009]
The floor of a building nearest the mean grade of the front
of the building.
A dwelling inhabited by handicapped persons, within the meaning
of the Fair Housing Act, as a single housekeeping unit. Such group
home shall not exceed the dwelling's maximum allowable occupancy as
permitted by the Township's Code; either provide nonroutine support
services and oversight to persons who need such assistance to avoid
being placed in an institution because of a physical, mental, or developmental
disability, or old age; or be occupied by the individuals who meet
the definition of "handicapped" as defined by applicable federal law.
For purposes of the Zoning Code, group homes shall be permitted and
regulated as the applicable residential dwelling type.
[Added 6-12-2019 by Ord.
No. 304-2019]
The floor area within exterior walls designed for year-round
human occupancy, excluding garages, accessory buildings, basements,
attics, patios, and porches.
Materials identified by characteristics, source, or specific
substance as found in 25 PA Code Chapter 75, Subchapter D, and 40
CFR Chapter 261. A hazardous material may:
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevator penthouses, tanks, and similar projections shall
not be included in calculating the height.
An area to accommodate landings, take-off, and storage of
helicopters. Such an area may also include support services, such
as fueling, maintenance equipment, and storage hangers.
Any building, structure, architectural ruin, cemetery, road,
road corridor, bridge, marker, fence, sign, tree, hedgerow, site,
encampment, district, passage, object, or vista contained on the List
and/or Map of Historic Resources as adopted by resolution of the Board
of Supervisors and as may be amended by resolution of the Board of
Supervisors.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
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 that
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:
A home occupation that is permitted as an accessory use to a single-family detached dwelling by special exception pursuant to the provisions in § 200-27 of this chapter.
[Added 11-14-2007 by Ord. No. 201-2007]
Any single lawful commercial use of a dwelling unit as customarily
incidental and accessory to a permitted residential use, conducted
by any person who makes the residence his or her primary dwelling.
An institution that:
Is primarily engaged in providing, by or under
the supervision of physicians, to inpatients:
Maintains clinical records on all patients.
Has bylaws in effect with respect to its staff
of physicians.
Has a requirement that every patient must be
under the care of a physician.
Provides twenty-four-hour nursing service rendered
or supervised by a registered professional nurse and has a licensed
practical nurse or registered professional nurse on duty at all times.
Is licensed as a hospital pursuant to the laws
of the Commonwealth of Pennsylvania or is approved by the agency of
the Commonwealth of Pennsylvania or locality covering East Whiteland
Township responsible for licensing hospitals as meeting the standards
established for such licensing.
A structure used for the care and treatment of sick or wounded
domestic animals.
An institution that:
[Added 6-9-2021 by Ord.
No. 336-2021]
Specializes in providing, by or under the supervision of physicians,
diagnostic and surgical services for medical diagnosis, treatment,
and care to individuals who are expected to have a stay that does
not exceed 96 hours.
Maintains clinical records on all patients.
Has bylaws in effect with respect to its staff of physicians.
Has a requirement that every patient must be under the care
of a physician.
Provides twenty-four-hour nursing service rendered or supervised
by a registered professional nurse and has a licensed practical nurse
or registered professional nurse on duty at all times.
Does not provide an emergency department.
Is licensed as a hospital pursuant to the laws of the Commonwealth
of Pennsylvania.
A building or group of buildings containing a specified number
of guest rooms especially designed for the temporary lodging of guests.
Such establishment shall furnish to the occupants customary services,
such as housekeeping service and the furnishing and laundering of
linen. Eating facilities may be added as an accessory use to the hotel,
motel, or inn.
The floodplain area specifically identified in this chapter
as being inundated by the base flood.
[Amended 8-9-2017 by Ord.
No. 294-2017
Any surface on a lot that blocks or impedes the natural percolation
of water. Examples include, but are not limited to, structures, including
eaves, roofs, and roof overhangs; parking areas; driveways; sidewalks;
patios; sport courts; and pools. Unless specifically stipulated within
this chapter, semipervious paving surfaces shall be considered as
being impervious for the purpose of measuring allowable impervious
coverage. Walking trails and/or frontage sidewalks shall not be considered
as being impervious for the purpose of measuring allowable impervious
coverage but shall be considered as such for the purpose of stormwater
management calculations.
Physical additions and changes to land, such as grading,
paving, curbing, fire hydrants, water mains, sanitary sewers, capped
sewers, storm sewers, storm drains, catch basins, culverts, sidewalks,
monuments, crosswalks, bridges, earthworks, streetlights, street trees,
other plantings, and other structures.
A self-contained attached residential dwelling unit resulting
from the conversion of an existing single-family detached dwelling
into two dwelling units and inhabited by persons related by blood,
marriage or adoption to the owners who live in the primary dwelling
unit. The accessory unit shall contain a kitchen and bath facilities,
have direct access to the outdoors or to a hall from which there is
direct access to the outdoors, and be physically subordinate to the
primary unit that exists in the dwelling.
[Added 8-14-2019 by Ord.
No. 317-2019]
Any use of land, buildings, and structures for educational,
religious, social, or health care facilities, including dependent,
family and group care facilities; clinics and hospitals; schools for
basic and higher education; churches and other places of worship;
child-care centers including day camps; cemeteries, and any philanthropic
use.
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of wastepaper, rags, scrap metal,
or discarded material, or for the collecting, dismantling, storage,
and salvaging of machinery or vehicles not in running conditions,
and for the sale of parts thereof.
A use of land, except when related to farming, where three
or more animals are kept, boarded, raised, bred, treated, or trained
for a fee.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups, or other
features.
A subdivision of land.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
The planting of turf grass or other appropriate ground cover
in all open areas of a tract or lot, and in addition, the planting
of evergreen and deciduous trees and shrubs, including the maintenance
and replacement thereof, for the control of erosion, improvement of
air quality, neutralization of wastewater, stabilization of the groundwater
table, moderation of microclimate, protection of wildlife, and promotion
of human comfort.
A retail establishment for the sale of lawn and garden supplies
directly to the consumer, including but not limited to, indoor and
outdoor equipment and tools, furniture, construction materials, fertilizers
and lawn and garden chemicals, plants, trees, shrubs, sod, and seeds.
Outdoor display and sale of goods and outdoor warehousing of the same
in a fence-enclosed area shall be permitted, provided that any display,
sale, or warehousing area shall not be permitted within the required
setbacks of the district and may not occupy areas reserved for required
parking, open space, buffers, or loading areas.
An off-street parking space on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
One duly recorded plot or parcel of land on which permitted
uses or buildings and accessory uses or buildings may be placed, together
with the required yards and areas required by this chapter, not including
any land within the limits of a street right-of-way upon which said
lot abuts, even if a portion of the right-of-way is maintained by
the owner of the lot.
The area of land contained within the property lines of a
lot, including the area of any easement, but excluding any area with
an existing or designated future road right-of-way.
A lot abutting upon two or more streets, or upon two parts
of the same street, forming an interior angle of less than 135°.
The percentage of the lot area that is occupied by the building
area ("building coverage") or occupied by impervious surfaces ("impervious
coverage").
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
The distance measured along the street line of the lot abutting
a public road, street, or highway.
A property boundary line shown on a recorded plan or described
in a recorded deed. In the case of any lot abutting a street, the
lot line for the portion of the lot abutting the street shall be deemed
to be the same as the street line and shall not be the center line
of the street or any other line within the street right-of-way.
FRONT LOT LINEThe lot line abutting a street and coinciding with the street line. In the case of a corner lot, both street lines shall be deemed the "front lot line."
REAR LOT LINEA lot line opposite and most distant from the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the "rear lot line."
SIDE LOT LINEAny lot line that is not a street line or a rear lot line.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the current requirements of the zoning district in which
it is located.
The horizontal distance measured between the side lot lines
at the required or proposed building setback line. In the case of
a unit of a twin or semidetached dwelling, the lot width shall be
measured between the side lot line and the center line of the party
wall, and, in the case of a unit of a single-family attached dwelling
the lot width shall be measured either between the side lot line and
the center line of the party wall or between the center lines of adjacent
party walls. In each of the aforementioned cases involving party walls,
the center line of the party walls shall be construed as a side lot
line.
The lowest floor of the lowest fully enclosed area (including basement) of a building. 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 of § 200-55 of this chapter.
A unit of illumination equal to one lumen per square meter
(1 lux equals .0929 footcandle).
A structure, transportable in one or more sections, that
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles that are placed on a site for more than 180 consecutive
days.
A parcel of land under single ownership that has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
An office where a licensed medical professional or a licensed
health care professional receives, diagnoses, provides medication
to and treats patients on an outpatient basis, including performing
minor surgical procedures, diagnostic services or nonsurgical treatments
where the treatment and supervision of the patient requires less than
a twenty-four-hour stay, whether or not these services require licensure
as a hospital under state law. A medical office shall include, but
is not limited to, an urgent care center and office of a dentist or
physician.
[Added 8-14-2019 by Ord.
No. 319-2019]
Any aggregate or mass of mineral matter, whether or not coherent,
that is extracted by surface mining. The term includes, but is not
limited to, limestone and dolomite, sand and gravel, rock and stone,
earth, fill, slag, iron ore, vermiculite, and clay.
The replacement of existing work with equivalent materials
for the purposes of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting away 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 public health or general safety.
See "manufactured home."
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
See "manufactured home park."
Structures for which the start of construction commenced
on or after June 11, 1984, and includes any subsequent improvements
thereto. For floodplain management purposes, "new construction" is
defined as structures for which the start of construction commenced
on or after the effective start date of this floodplain management
ordinance and includes any subsequent improvements to such structures.
Any construction started after June 1, 1989, and before the effective
start date of this floodplain management ordinance is 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.
[Amended 8-9-2017 by Ord.
No. 294-2017]
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use as a residential
dwelling and that 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
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, that is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
A structure that lawfully exists on the effective date of
this chapter that could not be built under this chapter by reason
of restrictions on area, lot coverage, height, yards, or other characteristics
of the structure or its location on the lot.
A use, whether of land or of structure, that does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment.
Any place where a person who appears seminude, in a state
of nudity, or who displays specified anatomical areas and is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the State of Pennsylvania or a college, junior
college, or university supported entirely or in part by public taxation;
a private college or university that maintains or operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude or seminude
person is available for viewing; and
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model
is on the premises at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft, or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
An institution that is licensed as a nursing home pursuant
to the laws of the Commonwealth of Pennsylvania or is approved by
the agency of the Commonwealth of Pennsylvania or locality covering
East Whiteland Township responsible for licensing institutions of
this nature as meeting the standards established for such licensing.
An airborne emission that creates a nuisance.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations.[3]
A parcel or parcels of land, which may include an area of
water or a combination of land and water, logically interrelated and
interconnected, and designed and intended for the use and enjoyment
of the residents of the development and/or community, not including
streets, stormwater management facilities, required off-street parking
areas, and required yards. Open space shall be substantially free
of structures but may contain such improvements as are in the development
plan as finally approved and as are appropriate for the recreation
of the residents served thereby.
A parcel of land designated for outdoor enjoyment that is
open and may include such facilities as play area, bike trails, hiking
paths, and family picnic areas.
A reasonably level space, available for the temporary parking
of one motor vehicle, exclusive of passageways, driveways, or other
means of circulation or access. A parking space shall include either
covered garage spaces or uncovered parking lot space located off the
street right-of-way. Such spaces may include, but not be limited to,
parking lots, private garages, or, when permitted, other structures
and accessories or service facilities or facilities above or under
the ground.
A fire wall on an interior lot line used or adapted for joint
service between two buildings.
A portion of land paved with a weatherproof surface for parking
space, driveways, or streets.
The presentation of material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activity or specified anatomical areas for observation by parties
in a viewing booth.
Pennsylvania Act 247 of 1968 (P.L. 805) as amended, also
cited as 53 P.S. § 10101 et seq. or any subsequent act of
the Commonwealth of Pennsylvania that replaces, supplements, or repeals
any or all of the provisions of Act 247.
See "open space."
A document issued by the Zoning Officer of East Whiteland
Township authorizing an applicant to undertake certain activities,
as further defined below:
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any Building Code that may be adopted by East Whiteland Township and authorizing an applicant to commence said construction, alteration, or reconstruction.
CERTIFICATE OF OCCUPANCYA certificate issued upon completion of the construction of a structure, or changes in use of a structure or parcel of land, indicating that the premises comply with the provisions of this chapter and other regulations of East Whiteland Township and may be used for the purposes set forth in the certificate.
ZONING PERMITA permit issued indicating that a proposed use, building, or structure is in accordance with the provisions of this chapter or with an order of the Zoning Hearing Board and authorizing the applicant to proceed with said use, building, or structure.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility, or any other legal entity whatsoever that is recognized
by law as the subject of rights and duties.
An agency of East Whiteland Township as duly appointed for
specified terms by the Board of Supervisors of East Whiteland Township
for duties as prescribed in the Pennsylvania Municipalities Planning
Code.
Trees, shrubs, and ground covers that are installed and maintained
in accordance with a landscaping plan approved by the Board of Supervisors.
Any material that, when present in land or water, shall render
that medium (either because of the nature or quantity of the material)
unacceptable for its intended use, including, but not limited to,
dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, chemical wastes, biological materials, radioactive
materials, heat, sand, cellar dirt, and industrial, municipal, and
agricultural wastes.
[Added 6-21-2021 by Ord. No. 339-2021]
The main use of land or structures, as distinguished from
a secondary or accessory use.
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code; an administrative proceeding conducted
by the Zoning Hearing Board or Board of Supervisors pursuant to the
Municipalities Planning Code.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
An electric or gas utility substation (exclusive of storage
facilities), public transit facility, railroad electric substation,
public utility station for oil or gas metering or regulating (exclusive
of storage facilities), telephone exchange, or other communications
equipment structures, and water or sewage pumping station.
A vehicle being constructed, modified, maintained or repaired
for the purpose of racing on a sanctioned drag strip or race course.
The term includes, but is not limited to, stock cars, race cars, race
trucks, figure eight cars, demolition derby cars, drag race cars,
off-road race cars or sprint cars.
[Added 12-10-2014 by Ord. No. 262-2014]
A use of land equipped and designated for activities by individuals
or groups participating in one or more of the following activities:
individual athletic activity, organized athletic/sports' activities
by groups or teams, whether formal or informal, group picnics, theatrical
events, national holiday events and similar formal activities.
[Amended 8-13-2014 by Ord. No. 253-2014]
A use of land designated for pastoral enjoyment and low-intensity
recreational activities such as walking trails, nonmotorized biking,
running, roller-blading, picnic areas, bird-watching and similar activities.
A passive recreational use is not intended to be used for organized
athletic activities or events by individuals or athletic teams or
clubs or for group picnics, theatrical events, national holiday events
and similar formal group activities.
[Amended 8-13-2014 by Ord. No. 253-2014]
See "vehicle, recreational."
The base flood elevation plus a freeboard safety factor of
1.5 feet.
[Amended 8-9-2017 by Ord.
No. 294-2017]
A use involving a structure or place in which worship and
ceremonies pertaining to a particular system of beliefs are held.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure.
An establishment that prepares and cooks food for the public
to be consumed on or off the premises. The cooking facilities shall
be located in the principal structure.
[Amended 6-12-2019 by Ord. No. 314-2019]
A facility for the care of persons aged 55 or older, or persons
with a physical condition that renders them frail and unable to care
for themselves, and providing skilled or unskilled nursing care, common
dining, recreation, and the like.
A strip of land occupied or intended to be occupied by street,
crosswalk, railroad, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer main, shade trees, or other special
use.
The expected future right-of-way width for a public street,
computed from the center line of an established right-of-way and delineated
by a line parallel to the center line.
The number of the area on a Ringelmann chart that most nearly
matches the light-obscuring capacity of smoke as described in the
U.S. Bureau of Mines Information Circular No. 6888. Smoke below the
density of Ringelmann No. 1 shall be considered as Ringelmann No.
0 or no smoke.
A corridor adjacent and generally parallel to any permanent
or intermittent stream, river, brook, or creek, measured 35 feet from
the top of each streambank or riverbank.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.[4]
The required minimum horizontal distance between the building
line and the related front, side, or rear property line.
Any substance that contains any of the waste products or
excrementitious matter or other discharge from the bodies of human
beings or animals and laundry, bathroom, and kitchen wastewater.
A system, whether publicly or privately owned, for the collection
of sewage from two or more lots, and for the treatment or disposal
of the sewage on one or more of the lots or at any other site.
An establishment other than a hotel, motel, or similar establishment
offering public accommodations, which, for any form of consideration,
provides a place where two or more persons may congregate, associate,
or consort in connection with specified sexual activities or the exposure
of specified anatomical areas. This definition does not include an
establishment where a medical practitioner, psychologist, psychiatrist,
or similar professional person engages in sexual therapy that he or
she is licensed to perform.
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion-picture theater, adult theater,
escort agency, nude model studio, or sexual encounter establishment.
A triangular-shaped area of unobstructed vision at the intersection
of any combination of streets, roads, rights-of-way, private roads,
alleys, or driveways. Two sides of the triangle shall be considered
to extend 15 feet horizontally from the intersection of the vehicle
traveled areas, unless otherwise specified. The height of the sight
triangle area shall be considered to be from 36 inches above grade
to 10 feet above grade.
Any permanent or temporary structure or part thereof inclusive
of but not limited to flags, banners, or whirly gigs or any device
attached, painted, or represented directly or indirectly on a structure
or other surface that shall display or include any letter, word, insignia,
flag, or representation used as or that is in the nature of an advertisement,
announcement, visual communication, direction, or is designed to attract
the eye or bring the subject to the attention of the public. Flags
of any governmental unit or branch of any charitable or religious
organization, interior signs not visible from a public right-of-way
or adjoining property, and cornerstones built into or attached to
a wall of a building shall not be construed to be "signs."
See "sign, off-premises."
A sign advertising activities, services, products, or uses
not located made, sold, used, or served on the premises displaying
such a sign.
One or more individuals living and cooking together in a
dwelling, on a nontransient basis and sharing household responsibilities
and activities, which may include sharing living expenses, chores,
eating meals together and participating in recreational activities
and having a close social, economic, and psychological commitment
to each other.
[Added 6-12-2019 by Ord.
No. 304-2019]
The ratio of a change in elevation (rise) over a horizontal
distance (run) as measured between four consecutive two-foot contour
lines. The ratio of a slope shall be expressed as a percentage.
[Added 6-21-2021 by Ord. No. 337-2021]
A device that produces electricity from wind and has a nameplate
capacity of 10 kilowatts or less and a rotor size of one meter or
less in diameter.
[Added 10-14-2009 by Ord. No. 219-2009]
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 10-14-2009 by Ord. No. 219-2009]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 10-14-2009 by Ord. No. 219-2009]
All refuse, including garbage and trash, and all material
which is putrescible and originating from the preparation, cooking,
and consumption of food and market produce.
An assembly of people for the purpose of business or public
amusement or entertainment, reasonably anticipated to number 200 or
more participants for a continuous period of two hours or more.
An area in the floodplain subject to a one-percent-or-greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A, AO, A1-A30, AE, A99 or AH.
[Added 8-9-2017 by Ord.
No. 294-2017]
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discemibly turgid state, even if completely covered.
Any of the following:
An area of land that is characterized by a slope of 15% or more. This term shall apply only to steep slopes that are naturally occurring and shall exclude steep slopes that are man-made as a result of previous grading and earthmoving activities, except as outlined in § 200-57.
[Amended 6-21-2021 by Ord. No. 337-2021]
An area of land that is characterized by a slope of 25% or more. This term shall apply only to very steep slopes that are naturally occurring and shall exclude steep slopes that are man-made as a result of previous grading and earthmoving activities, except as outlined in § 200-57.
[Amended 6-21-2021 by Ord. No. 337-2021]
The keeping of new or used products, merchandise, materials,
equipment or vehicles for a continuous period greater than eight hours.
Excluded from this definition are the following:
Equipment, vehicles, and materials that are
used in connection with a construction project during the period of
construction;
The parking of no more than two vehicles, not
including tractor trailers, that are used by a commercial or industrial
establishment, located within the Township, for delivery, pickup,
or other business purpose or in connection with the conduct of any
business within the Township;
The unloading or loading of vehicles that are
parked against a building so that all activity occurs within the building.
A building consisting of individual, compartmentalized, self-contained
units that are leased or owned for the storage of business and household
goods or contractor's supplies.
The space between the surface of two successive floors in
a building or between the top floor and the ceiling or underside of
the roof framing. The number of stories shall be counted at the point
from which the height of building is measured. For the purpose of
determining the maximum number of permitted stories, the term "story"
shall not include cellars, stair or elevator penthouses, or other
roof structures, provided the total area of all roof structures located
above the top story does not exceed 1/3 of the total roof area.
A story under a gable, hip, or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not over two
feet above the finished floor of such story.
A right-of-way, municipally or privately owned, serving as
a means of vehicular and pedestrian travel and furnishing access to
abutting properties and space for sewers and public utilities.
Major and minor arterials as designated by the Circulation
Plan of the East Whiteland Township Comprehensive Plan.
Collectors and minor collectors as designated by the Circulation
Plan of the East Whiteland Township Comprehensive Plan.
The line dividing a lot from a street.
A street or road used primarily as the principal means of
access to adjacent residential properties.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams, or girders, or any change that would convert an existing building
into a different structure or adapt it to a different use, or that,
in case of a nonconforming use, would prolong the life of such use.
Anything constructed or erected on the ground or attached
to the ground, including, but not limited to, buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land. For floodplain management purposes,
"structure" is defined as a walled and roofed building, including
a gas or liquid storage tank that is principally aboveground, as well
as a manufactured home.
[Amended 8-9-2017 by Ord.
No. 294-2017]
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building,
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damaged occurred.
See "substantial improvement."
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the "start of construction" of the improvement.
This term includes structures that have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or
safety code specifications that have been identified by the local
code enforcement official and that are the minimum necessary to assure
safe living conditions; or
Any alteration of an "historic structure," provided
that the alteration will not preclude the structure's continued designation
as an "historic structure."
The extraction of minerals from the earth, from waste or
stockpiles, or from pits or from banks by removing the strata or material
that overlies or is above or between them or otherwise exposing or
retrieving them from the surface, including, but not limited to, strip
mining, auger mining, dredging, quarrying, and leaching and all surface
activity connected with surface or underground mining, including,
but not limited to, exploration, site preparation, entry, tunnel,
drift, slope, shaft, and bore hole drilling and construction and activities
related thereto.
Any body of water or receptacle for water having a depth
at any point greater than two feet used, or intended to be used, for
swimming or bathing and constructed, installed, or maintained in or
above the ground, outside any building.
A swimming pool or hot tub and the apparatus and equipment
pertaining to such pool maintained by an individual for the sole use
of his household and guests without charge for admission and not for
the purpose of profit or in connection with any business operated
for profit and located on a lot as an accessory use to a residence.
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
motels, hotels, and other similar uses.
An area of land consisting of one or more lots submitted
as a single entity for land development.
[Amended 1-14-2015 by Ord. No. 263-2015]
A tract with minimum fifty-foot frontage on Lancaster Avenue
and located within 2,100 feet of the municipal boundary as measured
along the center line of the right-of-way of Lancaster Avenue.
[Amended 9-12-2007 by Ord. No. 197-2007]
A vehicle or structure without motive power used to haul
freight or cargo and commercially registered by the state.
Any lot, tract, or parcel of land that has not been graded
or in any other manner improved.
An area of land that is subject to a Master Plan approved
by the Board of Supervisors in the ROC/R Regionally Oriented Commercial-Residential
District.
[Added 9-10-2008 by Ord. No. 211-2008]
1980, July 2, P.L. 286, No. 82; 68 PA C.S.A. § 3101
et seq., as amended.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party, or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the UCC adopted the International Residential Code (IRC) and the International
Building Code (IBC), by reference, as the construction standard applicable
with the commonwealth floodplain construction. The Township opted
into the UCC on May 12, 2004, in Ordinance No. 151-2004, thereby adopting
the IBC and IRC as the Township's Building Code and Residential Code.[6] For coordination purposes, references to the UCC are made
specifically to various sections of the IRC and the IBC.
See "dwelling unit."
A facility that provides outpatient treatment to patients
with urgent medical conditions, illnesses or injuries on an unscheduled
basis but that is not licensed by the Commonwealth of Pennsylvania
as a hospital or an ambulatory surgical facility.
[Added 8-14-2019 by Ord.
No. 319-2019]
Any purpose for which a lot or structure may be designed,
arranged, intended, maintained, or occupied, or any activity, occupation,
business, or operation carried on in a structure on a lot.
Facilities owned and operated by an electric company, telephone
company, cable television company, water company, entity providing
sanitary sewage treatment and transmission services, pipeline company,
or similar entity, whether public or private, and whether or not such
entity is a public utility subject to the jurisdiction of the Pennsylvania
Public Utility Commission, that are an integral component of the infrastructure
of that entity, and that provides service to the general public; provided
that this definition shall not include any building or structure for
use and occupancy of administrative offices for any such entity. This
definition is not intended to replace the term "public utility" as
defined in this section.
A vehicle with length exceeding 20 feet.
A vehicle that is:
Built on a single chassis;
Not more than 400 square feet, measured at the
largest horizontal projections;
Assigned to be self-propelled or permanently
towable by a light-duty truck;
Not assigned for use as a permanent dwelling
but as temporary living quarters or recreational, camping, travel,
or seasonal use.
A building used primarily for the storage of goods and materials.
Pond, reservoir, lake, or impounded mass of water.
A stream of water, river, brook, creek; a channel or ditch
for water, whether natural or man-made.
Any publicly or privately owned water generation, collection,
and distribution system that serves more than one building or lot.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas.
A commercial activity comprising the sale of commodities
in large quantities or in bulk, as to retailers or jobbers, rather
than to consumers directly, including the warehousing, loading, and
unloading and shipping of such commodities.
A device that is used to produce electricity from wind and
all associated equipment, including any base, blade, foundation, nacelle,
rotor, tower, transformer, vane, wire, inverter, batteries or other
component necessary to fully utilize the wind generator.
[Added 10-14-2009 by Ord. No. 219-2009]
An opening, usually glazed, in an external wall of a building
to admit light and sometimes air.
An external wall of a building that has 2% or less of its
total surface area as windows.
An external wall of a building that has more than 2% of its
total surface area as windows.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Added 10-14-2009 by Ord. No. 219-2009]
An unoccupied space, open to the sky, extending from the
lot line to a structure. The size of a required yard shall be measured
as the shortest distance between the structure and lot line.
See "building setback."
See "building setback."
A sale of limited duration of clothing and household items
belonging to the residents of a dwelling and conducted from the yard,
porch, or garage of that dwelling.
See "building setback."
An individual dwelling unit or commercial unit which may
be conveyed, sold or transferred absent any required minimum yard
or minimum lot area.
[Added 9-14-2011 by Ord. No. 234-2011]
A contiguous area of land on all parts of which the same
uniform zoning regulations apply.
The perimeter line completely enclosing a zoning district.
A Board appointed by the Board of Supervisors pursuant to Article IX of the Pennsylvania Municipalities Planning Code to hear and render final adjudications of the matters specified in Article IX of the Municipalities Planning Code, including but not limited to substantive and procedural validity questions and appeals from decisions of the Zoning Officer.
The official plan of zoning districts in the Township showing
precisely the boundaries and titles of each zoning district, which
map is a part of this chapter.
[1]
Editor's Note: See 53 P.S. § 10601
et seq.
[2]
Editor's Note: See 68 Pa. C.S.A. § 3101
et seq.
[3]
Editor's Note: The former definition of “one-hundred-year
flood,” which immediately followed this definition, was repealed
8-9-2017 by Ord. No. 294-2017. See now the definition of “base
flood.”
[4]
Editor's Note: The former definition of "sensitive site,"
which immediately followed this definition, was replaced with the
definitions of "contaminated area" and "pollutant" 6-21-2021 by Ord.
No. 339-2021.
[5]
Editor's Note: The former definition of “special permit,”
which immediately followed this definition, was repealed 8-9-2017
by Ord. No. 294-2017.
