For the purpose of this chapter, certain terms,
phrases, and words are defined as follows.
Words used in the present tense include the
future; words in the masculine gender include the feminine and the
neuter; the singular number includes the plural, and the plural the
singular.
The word "shall" or "must" is always mandatory;
the word "may" is permissive; the words "used for" include "designed
for," "arranged for," "intended for," "maintained for" or "occupied
for." The word "building" includes "structure" and shall be construed
as if followed by the phrase "or part thereof." The word "person"
includes "individual," "profit or nonprofit organization," "partnership,"
"company," "unincorporated association," corporation, or other similar
entities.
When terms or phrases are not defined, they
shall have their ordinarily accepted meanings. Words not defined hereinafter
shall have the meaning given in Webster's Unabridged Dictionary.
Terms or words used herein, unless otherwise
expressly stated, shall have the following meanings:
A subordinate building, the use of which is customarily incidental
to that of the principal building and is used for an accessory use
and is located on the same lot.
When in compliance with the terms of this chapter, either:
[Amended 7-8-2003 by Ord. No. 4-2003]
A single-family detached dwelling located on
the same lot as, and subordinate to, a principal single-family detached
dwelling; or
A self-contained dwelling unit, located within
a single-family detached residential structure, which contains its
own kitchen and bathroom facilities, has direct access to the outdoors
or to a hall from which there is direct access to the outdoors, is
accessory to the principal dwelling unit within the structure, and
shares a common wall with the principal dwelling unit.
A use customarily incidental and subordinate to and located
on the same lot occupied by the principal use to which it relates.
The Pennsylvania Municipalities Planning Code of 1968, 53
P.S. § 10101 et seq., Act No. 247, as amended.
A community, comprised of any combination of permitted residential
uses, that conforms to the occupancy requirements of the Fair Housing
Act, 42 U.S.C. § 3601 et seq., as amended by the Housing
for Older Persons Act, Public Law 104-76, 109 Stat. 787, approved
December 28, 1995, or subsequent amendments thereto.
[Added 5-12-2009 by Ord. No. 02-2009]
[Amended 12-30-2003; 3-22-2004 by Ord. No. A1-04; 6-28-2010 by Ord. No. 01-2010]
The production of crops, the production of livestock and livestock
products or the breeding, boarding, raising, and training of horses
and other equids, as well as uses conducted within an indoor riding
facility where specifically provided under the terms of this chapter.
All such activities shall be practiced in accordance with the
standards of the Natural Resources Conservation Service (NRCS) and/or
the Chester County Conservation District to minimize soil erosion,
stormwater runoff, stream sedimentation and pollution, overgrazing,
nutrient loading, and other potentially damaging impacts. Activities
deemed to be "intensive agriculture" shall be subject to specific
standards and requirements as stipulated in this chapter.
Specialized agricultural activities including, but not limited
to, mushroom production, poultry and swine production, feed lot operations,
and concentrated animal feeding operations. Such activities, due to
the intensity of production and/or potential for off-site impacts
that exceed those of general agricultural operations, are subject
to specific standards and requirements as stipulated in this chapter.
Commercially related activities including commercial composting and
the collection, processing, and resale or redistribution of spent
compost are defined separately in this article and are not included
within the definition of intensive agriculture.
[Amended 12-30-2003; 3-22-2004 by Ord. No. A1-04]
A minor right-of-way providing secondary vehicular access
to the side or rear of two or more properties.
[Added 1-8-2003]
Any change in the supporting members of a building or structure,
or any enlargement thereof, whether by extensions on any side or by
an increase in height, or any moving of such building from one location
or position to another.
One thousand pounds live weight of livestock or other animals,
regardless of the actual number of individual animals comprising the
unit.
[Added 5-23-2005 by Ord. No. 7-05]
See "dwelling units: multifamily."
A commercial facility, the principal purpose of which is
to provide recreation or amusement to the public in the form of computerized
or other mechanical video games and devices. Any such facility with
more than three such devices shall be considered an arcade.
[Added 5-23-2005 by Ord. No. 7-05]
The quantity of land projected on a horizontal plane enclosed
by the boundaries or extremities of a lot, parcel, tract, etc.
That part of a building which is immediately below and wholly
or partly within the roof framing.
A level partly underground but having 1/2 or more of its
height (measured from finished floor to finished ceiling) above the
average grade of the adjoining ground. A basement shall be counted
as a story for purpose of height measurement only if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than four feet or used for business or dwelling purposes,
other than a game or recreation room and/or garage.
A practice whereby planted open space (possibly with soil
enhancements) is utilized as a stormwater management technique for
holding, infiltrating, evaporating, and transpiring water.
[Added 12-22-2003]
A lot or two or more contiguous lots bounded by streets,
public parks, railroad rights-of-way, waterways, boundary lines of
the municipality, unsubdivided land, or by any combination of the
above.
That portion of a block or lot which fronts on a single street.
See "rooming house."
The Londonderry Township (Chester County, Pennsylvania) Board
of Supervisors.
The Zoning Hearing Board of Londonderry Township, Chester
County, Pennsylvania.
A street type in a traditional neighborhood development which
provides for two directions of vehicular movement divided by a median
planting strip and for on-street parking on no more than one side
of each lane of the roadway.
[Added 10-8-2002]
An area of land containing vegetative plantings, which may
be used in conjunction with earthen berms, fences, and/or walls, which
shall be placed and maintained between uses on adjacent parcels of
land, to either lessen or block visibility, noise, glare and airborne
particles, depending on buffer type. Buffer areas shall contain no
structure, manufacturing or processing activity, storage of materials,
or parking. All buffer areas shall include a dense screen planting
of trees, shrubs, grass or other plant materials that may be used
individually or in combination to ensure that a barrier is provided.
[Added 5-23-2005 by Ord. No. 7-05]
Plantings placed along the perimeter of a tract, along arterial
street rights-of-way and around the perimeters of stormwater management
basins, to diminish and mitigate views of a development from off-site.
[Added 5-23-2005 by Ord. No. 7-05]
Plantings placed between incompatible land uses or zoning
districts to screen views of the adjacent property or use.
[Added 5-23-2005 by Ord. No. 7-05]
Any combination of materials forming any structure with enclosing
walls and a roof which is erected on the ground (including mobile
homes) designed, intended, or arranged for the housing, shelter, enclosure,
or structural support of persons, animals, or property of any kind.
[Amended 5-23-2005 by Ord. No. 7-05]
The maximum horizontal cross-sectional area exclusive of
uncovered porches, terraces and steps.
A building which has one or more walls or portions thereof
in common with the adjacent building.
The ratio of the building area of all roofed structures and
buildings on the lot to the total area of the lot on which they are
located.
A building which has no parts or walls in common with an
adjacent building.
The longest horizontal distance of any building measured
from exterior face to exterior face of walls.
A line established by the required front yard, defining the
minimum distance between any building or structure or portion thereof
to be erected or altered, and an adjacent right-of-way or street line.
Such line shall be measured at right angles from the street right-of-way
line and shall be parallel to said right-of-way line. The line of
that face of the building nearest an adjacent street right-of-way.
A term used to describe the size, volume, area, or shape
of buildings or other structures and their physical relationship to
each other, to open space, or to tracts of land, to lot lines, or
to other buildings or structures.
A roofed-over structure open on two or more sides and used
in conjunction with a dwelling for the storage of private motor vehicles.
A level partly below the finished grade, having less than
1/2 of its height (measured from finished floor to finished ceiling)
above the average level of the adjoining ground. A cellar shall not
be considered a story in determining the permissible number of stories.
A burial place or graveyard, including a mausoleum, crematory,
or columbarium, in which human or animal remains are buried. A cemetery
may be operated, in accordance with the terms of this chapter, as
a principal use or as a use accessory to agriculture, a church, or
a dwelling. The interment or scattering of remains of properly cremated
humans is not regulated by this chapter.
[Added 9-25-2006 by Ord. No. 2-06]
A statement, based on an inspection, signed by the Zoning
Officer, setting forth that a building, structure, sign, and/or land
complies with this chapter, and/or that a building, structure, sign,
and/or land may be lawfully employed for specific uses, or both, as
set forth therein.[1]
Buildings that house governmental, quasi-governmental, or
public offices or services such as community centers, cultural or
entertainment facilities, recreational facilities, meeting halls,
firehouses, libraries, places of worship, and the like.
[Added 10-8-2002][2]
A logging method that removes all trees, or the vast majority
of all trees, from a tract of land or a portion thereof. Clear-cutting
shall be deemed to occur when a lot has been cleared to less than
30 basal feet/acre.
[Added 1-3-2011 by Ord. No. 01-2011]
Any of the following activities, where a fee or payment in
kind (including, but not limited to, bartering) is collected by the
landowner for the activity or service:
[Added 6-28-2010 by Ord. No. 01-2010]
A use accessory to a commercial equine activity that provides temporary housing for trainers, instructors, employees, grooms, and students and is subject to the provisions of § 170-130.4 of the Zoning Ordinance.
[Added 12-27-2018 by Ord.
No. 02-2018]
A centralized area of open space within a traditional neighborhood
development which is unoccupied by structures to be used for permanent
human occupancy and which is available for active or passive recreational
activities by the residents of the traditional neighborhood development.
[Added 10-8-2002]
A reception and transmission tower intended for transmitting
or receiving radio, television, telephone or digital communications.
Such tower shall not be deemed a structure, tower or community facility
as used and defined in this chapter.[3]
[Added 9-12-1995]
A building or buildings and related facilities used for recreational,
social, educational and cultural activities by the residents and guests
of the community in which the building or buildings and related facilities
are located. Such building or buildings and related facilities are
typically owned, operated and maintained by the community association
or homeowners' association established as the governing entity for
said community.
[Added 5-12-2009 by Ord. No. 02-2009]
A mixture of organic and inorganic materials used as a medium
for the growing of fruits and vegetables, including but not limited
to mushroom substrate.
[Added 12-30-2003]
Any composting operation that produces compost primarily
for sale and/or where the compost produced is not intended primarily
for use on the premises where it is being prepared.
[Added 12-30-2003]
Mushroom substrate whose nutrients have been reduced through
the growing process.
[Added 12-30-2003]
The Londonderry Township Comprehensive Plan.
A use which is not appropriate to a particular zoning district
as a whole, but which may be suitable in certain localities within
the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the Board of Supervisors after a public hearing
and review and comments from the Planning Commission.
A form of property ownership providing for individual ownership
of a specific dwelling unit or other space not necessarily on ground
level together with an undivided interest in the land or other parts
of the structure in common with other owners.
A facility providing supervision of minors or adults who
are, with few exceptions, unrelated to the supervisory personnel,
and for which a fee may or may not be charged. A day-care facility
shall not provide overnight accommodations. A day-care facility shall
not be a school as defined by this ordinance, except as noted herein.
[Added 6-14-2011 by Ord. No. 02-2011]
ADULT DAY CAREA use providing supervised care and assistance to persons who are 16 years of age or older. This use shall not include persons who need oversight because of behavior that is criminal or violent.
CHILD DAY CAREA use involving the supervised care of children under age 13 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. Such use shall comply with all applicable federal and state laws. The care of children by their own relatives is permitted without regulation by this ordinance.
DAY CARE AS A PRINCIPAL USEA type of day-care use that provides care for seven or more persons at any one time, in addition to persons who are relatives of the primary operator; such facility shall constitute the principal use of the property.
DAY CARE AS AN ACCESSORY USEA type of day-care use where the provision of day-care service is incidental and secondary to the principal use of a lot (e.g., a church nursery or employee day-care facility).
The total number of dwelling units per acre, computed by
dividing the total number of dwelling units proposed by the total
number of acres to be developed, excluding road right-of-way.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, drilling operations,
or storage of equipment or materials, and the subdivision of land.
A portion of the Township, within which certain uniform regulations
and requirements or combinations thereof apply under the provisions
of this chapter.[4]
A place of business so laid out that patrons can be accommodated
while remaining in their automobiles; includes curb services.
A building or portion thereof providing one or more rooms
arranged for the use of one or more individuals living together as
a single housekeeping unit, and having no cooking or sanitary facilities
in common with any other dwelling unit. Dwellings may be classified
as:
SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access, and open space on all sides.
TWO-FAMILY— A building containing two
dwelling units (detached, semidetached, or attached), including but
not limited to twin or duplex:
MULTIFAMILYA building containing three or more dwelling units, including but not limited to quadraplex (fourplex, four-family), townhouse (single-family attached), and garden apartment buildings:
QUADRAPLEXA building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units, and open space on two nonparallel sides.
TOWNHOUSEA building containing dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units, and open space to the front and rear (internal units) or front, rear, and one side (end units).
GARDEN APARTMENTA building, not exceeding 2 1/2 stories in height, containing three or more dwelling units separated by party walls, which may have more than one dwelling unit from ground to roof, common outside accesses, and in which no more than six dwelling units have common hallways and entrances.[5]
Buildings or structures and equipment erected and used for
the purpose of transmission, switching or transforming or electrical
current between customers and the utility company facilities, not
including the storage of materials, trucks, repair facilities or housing
of repair crews.
A horse, donkey, mule or zebra.
[Added 6-28-2010 by Ord. No. 01-2010]
[Amended 5-23-2005 by Ord. No. 7-05]
A single person occupying a dwelling unit and
maintaining a household;
Two or more persons related by blood, marriage,
formal foster relationship, or adoption occupying a dwelling unit,
living together and maintaining a common household; or
Not more than three unrelated persons occupying
a dwelling unit, living together on a stable, nontransient basis and
maintaining a common household.
A type of day-care use that provides care for six or fewer
children at one time, in addition to children who are relatives of
the caregiver, when permitted as a conditional use as a major home
occupation.
[Amended 6-14-2011 by Ord. No. 02-2011]
The low area adjoining and including any water or drainage
course or body of water subject to periodic flooding or overflow.
The gross floor surface of the building or buildings,
measured from the exterior faces of exterior walls or from the center
line of walls 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 or roofed porches or terraces or other
roofed spaces.
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.
Accessory buildings.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
[Added 10-8-2002; amended 1-3-2011 by Ord. No. 01-2011]
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
A building other than a private garage, one or more stories
in height, used solely for the commercial storage, service or repair
of motor vehicles.
A structure, building, or area of land or any portion thereof
that is used for the sale of gasoline or any other motor vehicle fuel
and oil and/or other lubricating substances, which may or may not
include facilities for lubricating, washing, sale of accessories,
and otherwise servicing motor vehicles, but not including the painting
and/or body work thereof or the sale of new or used automobiles. Any
business or industry dispensing gasoline only for its own use and
vehicles will not be deemed to be a gasoline service station.
The Board of Supervisors of Londonderry Township, Chester
County, Pennsylvania.
The arithmetic mean of the maximum and minimum finished ground
elevation adjoining the buildings.
A shared green space directly bordered on two or three sides
by alley-loaded residential dwellings.
[Added 10-8-2002]
Practices that combine biological and ecological concepts
for the management of stormwater.
[Added 12-22-2003]
The total floor area of a dwelling unit actually used for
habitation excluding cellars, attics, and other storage areas, garages,
breezeways, balconies, and porches, etc. In particular, gross habitable
area includes but is not limited to the following: any floor space
used for dwelling purposes, no matter where located within the building;
basement space if it meets the requirements of a building story; and
stairwells and attic space providing structural headroom of 7 1/3
feet or more.
The buildings vertical measurement from the mean grade of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevators, tanks, and similar projections shall not be included
in calculating the height.
The vertical distance measured from the grade at the front
of the structure or the sign to its highest point. The highest point
in the case of a sign shall include the supporting structure.
An area to accommodate landings, takeoffs, and storage or
rotary-wing aircraft (helicopter) with suitable space to allow development
of service facilities.
An area on a roof or on the ground to accommodate landings
and takeoffs of rotary-wing aircraft (helicopter) for the purpose
of picking up and discharging passengers or cargo. Such area shall
have sufficient space to accommodate all required safety controls,
but in no case shall service facilities be provided. A helistop shall
be considered an accessory use and shall be permitted as such unless
specifically prohibited by this chapter.
[Amended 11-10-2009 by Ord. No. 06-2009]
Any structure that is:
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 in the National
Register;
Certified or preliminary 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 the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
A use that is customarily accessory to a principal residential
use, but that does not meet the criteria for a no-impact home occupation
and requires review and approval as a conditional use by the Board
of Supervisors in accordance with the standards of this chapter.
[Added 10-9-2007 by Ord. No. 6-2007]
A use that is customarily accessory to, and carried on within,
a dwelling unit by one or more residents of such dwelling unit in
accordance with the standards of this chapter. Such use shall be clearly
secondary to the principal residential use and shall meet the standards
for a no-impact home business contained in the Pennsylvania Municipalities
Planning Code.
[Added 10-9-2007 by Ord. No. 6-2007]
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, preventorium, clinic, rest home, nursing
home, convalescent home, and any other place for the diagnosis, treatment,
or other care of ailments, and shall be deemed to be limited to places
for the diagnosis, treatment, or other care of human ailments.
A building or group of buildings containing individual rooms
for rental, primarily for the transients, with common hallways for
all rooms on the same floor.
Soils classified as hydric soils by the Chester County Conservation
District and contained in the listing of such soils, titled "Hydric
Soils - Chester and Delaware Counties, Pa.," as shown in Appendix
1[7] of this chapter.
[Amended 5-23-2005 by Ord. No. 7-05]
The lot area covered by any and all impervious materials,
such as buildings, paved parking area, and driveways, paved walks,
terraces, patios and similar surfaces which do not absorb rainfall.
A surface which has been compacted or covered with a layer
of material so that it is resistant to infiltration by water. It includes
semipervious surfaces such as compacted clayey soils, as well as most
conventionally surfaced streets, roofs, sidewalks, parking lots, and
other similar surfaces.
[Added 5-29-2007 by Ord. No. 4-2007]
A roofed structure, either open-sided or fully enclosed,
utilized for the training, riding, driving, or other exercise of horses
and other equids and/or the training of equine trainers or students.
[Added 6-28-2010 by Ord. No. 01-2010]
An area and/or structure used for the collection, storage,
and/or sale of used and discarded materials, including but not limited
to house furnishings, wastepaper, scrap metal, building materials,
machinery, or wrecked, disabled, unregistered, or unlicensed vehicles
or parts thereof, with or without the dismantling, processing, salvaging,
or other use or disposition of same. Two or more wrecked, disabled,
currently unregistered or unlicensed vehicles or vehicles without
a current inspection sticker, or the major parts thereof, including
boats, campers, trailers, travel trailers, or other recreational equipment
or recreational vehicles, shall constitute a junkyard and shall only
be stored in a permitted junkyard. Toxic wastes, radioactive materials,
poisons and other substances which are potentially harmful to man
are excluded from this definition. Agricultural vehicles such as tractors,
mowers, and other typical farm equipment which are utilized as part
of an active farming operation, and contractor's construction equipment
(when legally permitted by this chapter) shall be exempt from this
definition. This term shall not include automobile and vehicular sales
lots managed by licensed automobile dealers and storage areas for
operable automobiles displaying a valid registration as an antique,
classic, or collectable vehicle issued by the Pennsylvania Department
of Transportation.
[Amended 5-23-2005 by Ord. No. 7-05]
A place for the keeping, breeding, and/or boarding of more
than four dogs or similar domestic animals for commercial purposes.
[Added 5-23-2005 by Ord. No. 7-05]
A 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.
Any of the following activities:
[Amended 5-23-2005 by Ord. No. 7-05]
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;
or
A subdivision of land. Those activities described
in Section 503(1.1) of the Municipalities Planning Code[8] shall not be considered land developments for purposes
of this chapter.
Any activity which exposes soils, alters topography, and/or
alters vegetation.
The continued all-season coverage of the ground with grass,
trees, shrubs, flowers, rocks and other materials to resist water
runoff, blowing of trash and erosion of land; a required landscaped
area may consist of grass, a naturally wooded section or a combination
of permitted items, but shall not consist predominantly of rocks;
maintenance shall provide an attractive appearance, and all dead plant
material shall be removed and replaced promptly (naturally wooded
sections excepted). No trees, shrubs, flowers or rocks, which exceed
or will exceed two feet in height, shall be planted or placed within
15 feet of any paved surface of a street.
A wind energy conversion system with two or more wind turbines,
towers, and associated control and conversion electronics that is
designed and used to generate power only to offset utility costs on
the property where the system is located.
[Added 1-23-2012 by Ord. No. 02-2012]
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
Farm animals bred, raised and/or kept for use or profit,
but excluding horses and other equids.
[Added 6-28-2010 by Ord. No. 01-2010]
A dwelling unit located above the shop, studio or other place
of business on a lower floor. A person or persons other than the proprietor
of the business may occupy a live-work unit. Only one live-work unit
may be located in any single building otherwise occupied by a place
of business.
[Added 10-8-2002]
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
See "rooming house."
A forestry activity involving the cutting down and removal
of trees and logs to be converted to any forest product or sold to
others.
[Added 1-3-2011 by Ord. No. 01-2011]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area of land contained within the title lines of the
lot. Any portion of a lot included in an existing or proposed street
right-of-way shall not be included in calculating gross lot area.
[Amended 10-9-2007 by Ord. No. 6-2007]
The area of land contained within the title
lines of a lot, but excluding all of the following conditions and
features:
In addition, the net lot area shall not be divided
completely by any of the above-cited features, with the exception
of underground utility rights-of-way or easements.
A lot at the junction of and abutting on two or more intersecting
streets, or at the point of abrupt change in direction of a single
street, the interior angle of which is not greater than 135°.
A lot other than a corner lot.
Any line dividing one lot from another.
An interior lot having frontage on two parallel or approximately
parallel streets.
The width measured at the building setback line between side
lot lines and parallel to the front lot line.
A street type in a traditional neighborhood development which
provides for two directions of vehicular movement and on-street parking
on both sides of the street.
[Added 10-8-2002]
Any electronic, computerized, or other mechanical device,
machine, or apparatus which, upon the insertion of a coin, slug, token,
plate, or disk, operates or may be operated as a game or contest of
skill, amusement, or entertainment, of any kind or description, whether
or not registering a score and whether or not a prize is offered,
and which may or may not contain an automatic payoff for the return
of money, tokens, or slugs, or which may or may not make any provision
whatever for the return of money to the player, or which may or may
not provide an award of additional games or additional playing time.
Further, a "mechanical video game or device" includes any electronic
or mechanical device, machine, or apparatus which is used or may be
used in a game of skill and amusement wherein a player initiates,
employs, or directs any force generated by the machine or light illustrated
on a screen, board, or machine. Such term shall not include any gambling
device or other mechanism that has been determined to be a gambling
device, the operation of which is contrary to law.
[Added 5-23-2005 by Ord. No. 7-05]
A street type in a traditional neighborhood development which
provides for two directions of vehicular movement and on-street parking
on one side of the street.
[Added 10-8-2002]
A transportable dwelling intended for permanent occupancy
by one family, contained in one unit or in 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 as to be used without a permanent foundation, including
any addition or accessory structure, such as porches, sheds, decks,
or additional rooms. A mobile home shall meet the construction standards
set by the U.S. Department of Housing and Urban Development. The term
includes park trailers, travel trailers, and recreational and other
similar vehicles that are placed on a site for more than 180 consecutive
days.
[Amended 5-23-2005 by Ord. No. 7-05]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile erected on the lot.
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots as provided for by Chapter 72, Mobile Home Parks.
A building or group of buildings containing individual rooms
or apartment accommodations primarily for transients, each of which
is provided with a separate exterior entrance and a parking space,
and offered principally for rental and use by motor vehicle travelers.
The term "motel" includes, but is not limited to, auto courts, motor
courts, motor inns, motor lodges or roadside hotels.
The Township of Londonderry, Chester County, Pennsylvania.[9]
A structure or building, or part thereof which does not conform
to the applicable provisions or requirements of the district in which
it is located, either at the time of enactment of this chapter or
as a result of subsequent amendments thereof, where such building
or structure lawfully existed prior to the enactment of such chapter
or amendment. Such nonconforming structures include, but are not limited
to, nonconforming signs.
A building, structure, sign, or use of land which does not
conform to the applicable regulations of the district in which it
is located, either at the time of the enactment of this chapter or
as a result of subsequent amendments thereto, but which did not violate
any applicable use regulations prior to the enactment of such chapter
or amendments. However, no existing use shall be deemed nonconforming
solely because of the existence of less than the required off-street
parking spaces.
Open pit mining shall include all activity which removes
from the surface, or beneath the surface, of the land some materials,
mineral, resource, natural resource, or other element of economic
value, by means of mechanical excavation necessary to separate the
desired material from an undesirable one; or to remove the strata
or material which overlies or is above the desired material in its
natural condition and position. Open pit mining includes, but is not
limited to, the excavation necessary for the extraction of sand, gravel,
topsoil, limestone, sandstone, coal, clay, shale, and iron ore.[10]
A tract or tracts of land, controlled by one applicant, to
be developed as a single entity for residential purposes with single-family
detached dwellings, in which the otherwise applicable lot sizes for
the zoning district are modified in exchange for the retention and
permanent protection of open space.
[Added 10-8-2002]
A lot of record, located within the Agricultural Preservation
District on the effective date of this chapter and held in single
and separate ownership, and which is the basis for determining the
permissible number of lots which may be subdivided or dwelling units
or other principal nonagricultural uses which may be erected.
[Added 7-8-2003 by Ord. No. 4-2003]
An off-street surfaced area designed solely for the parking
of motor vehicles, including driveways, passageways, and maneuvering
space appurtenant thereto and consisting of four or more parking spaces.
An off-street space available for the parking of one motor
vehicle and measuring a minimum of 10 feet by 20 feet, exclusive of
driveways, passageways, and maneuvering space appurtenant thereto.
A parking space set aside for persons with disabilities which
limit or impair the ability to walk. Such space, whether on private
property or a public street, shall be signed and/or marked in accordance
with the terms of this chapter and shall be limited to those vehicles
which prominently display a handicapped parking identification tag
or license plate issued by the state of registration of the vehicle.
[Added 11-12-2013 by Ord. No. 05-2013]
A wall on an interior lot line used or adopted for joint
services between two buildings.
A system or feature that uses solar energy but does not use
solar panels or convert the energy to electricity.
[Added 1-23-2012 by Ord. No. 01-2012]
A use allowed by right in a particular zoning district as
established by this chapter.
An institution or structure, including a church, temple,
synagogue, mosque, or similar place of worship, used by people primarily
to participate in or hold religious services, meetings, and other
religious related activities. The term shall include any building,
other than a principal residence, in which the religious services
of any denomination or faith are held.
[Added 9-25-2006 by Ord. No. 2-06]
A type of shopping center, designed for three or more commercial
uses, in which the scale, design and type of uses are intended to
maximize compatibility with traditional village and neighborhood commercial
settings, and which is pedestrian oriented.
[Added 5-23-2005 by Ord. No. 7-05]
The Planning Commission of Londonderry Township, Chester
County, Pennsylvania.[11]
Any building or structure erected on a tract, lot or parcel
of land on which any use is carried out, except an accessory building.
Any use neither open to, nor controlled by, the public.
Recreational pursuits that are relatively formally organized
and conducted on ground that generally requires physical attention
and regular maintenance for such purpose, such as a play field, playground,
tennis court, basketball court, swimming pool, and the like.
[Added 9-25-2006 by Ord. No. 2-06]
Boats and boat trailers, travel trailers, pick-up campers
or coaches (designed to be mounted on automotive vehicles), motorized
dwellings, tent trailers, and the like, and cases or boxes used for
transporting recreational equipment, whether occupied by such equipment
or not.
[Amended 5-23-2005 by Ord. No. 7-05]
A vehicle, boat, boat trailer, or other piece
of equipment, whether self-powered or designed to be pulled or carried,
intended only for leisure time or recreational use and which is:
Built on a single chassis;
Not more than 400 square feet, measured at the
largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Not designed for use as a permanent dwelling,
storage facility, animal shelter, or accessory building but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Recreational vehicles or units include snowmobiles,
minibikes, all-terrain vehicles, go-carts, boat trailers, travel trailers,
truck-mounted campers, motor homes, folding tent campers, boats, autos,
buses or trucks adapted for vacation use, and other vehicles not suitable
for daily conventional family transportation.
Nonstructured or spontaneous activities by persons or small
groups that usually take place in natural settings with minimal disturbance
of same. Such activities include, by way of example, walking/hiking
and horseback riding along established trails, bird watching, bicycling,
picnicking, canoeing, and nature study.
[Added 9-25-2006 by Ord. No. 2-06]
A wind energy conversion system consisting of a wind turbine
and associated control or conversion electronics, which has a rated
capacity of not more than 10 kW and which is primarily intended to
reduce on-site consumption of utility power. A system is considered
a residential wind energy system only if it supplies electrical power
solely for on-site residential use, except that when a parcel on which
the system is installed also receives electrical power supplied by
a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company.
[Added 1-23-2012 by Ord. No. 02-2012]
The following types of restaurants are addressed by this
chapter:
[Added 9-25-2006 by Ord. No. 2-06]
RESTAURANTAn establishment that sells ready-to-eat meals to the public which are clearly primarily consumed within the building or the place of business, and where waiters and/or waitresses serve the clear majority of non-buffet food and beverages to patrons while the customers are seated. Unless otherwise stated, such restaurant shall not include a drive-through lane.
FAST-FOOD RESTAURANTA restaurant that sells ready-to-eat meals to the public and which does not meet the definition of a "restaurant" in Subsection A, above. This use typically involves customers making orders at an inside window or service area or cafeteria line, with the food consumed either at seating areas within the building or off the premises, and which typically involves customers eating the food outside of the building relatively frequently.
RESTAURANT WITH DRIVE-THROUGH SERVICEA restaurant that includes service to customers remaining seated in automobiles, either through an exterior window or service area or through service to parked automobiles.
A parcel or parcels of land, an area of water, or a combination
of land and water which, regardless of ownership, is restricted from
further subdivision or development for other than open space purposes
permitted in accordance with this chapter.
[Added 10-8-2002]
A use in which merchandise is sold or rented to the general
public, but not including the following: manufacturing; car wash;
auto/truck fuel sales; auto/truck/boat or other motor vehicle sales,
service, or repair; convenience store; or any restaurant. Inside storage
of materials and/or equipment associated with installation or servicing
of retail items is included within this use, e.g., plumbing or electrical
service.
[Added 10-12-2004 by Ord. No. 6-04]
The total width of any land reserved or dedicated as a street,
alley, crosswalk, or for other public or semipublic purposes.
Areas surrounding surface water bodies, including rivers,
creeks, lakes, and intermittent watercourses, wetlands, and hydric
soils that intercept surface water runoff, wastewater, subsurface
flow, and/or deep groundwater flows from upland sources and function
to remove or buffer the effects of associated nutrients, sediment,
organic matter, pesticides, or other pollutants prior to entry into
surface waters. These areas may also provide wildlife habitats, control
water temperature, attenuate flood flow, and provide opportunities
for passive recreation. These corridor areas may or may not contain
trees and other native vegetation.
[Amended 5-29-2007 by Ord. No. 4-2007; 3-24-2008 by Ord. No. 01-2008]
A building or parts thereof occupied or intended to be occupied
by one or more persons related by blood, marriage, or adoption which
shall be the owners, tenants, or occupants and not more than three
persons unrelated to the above living together as a single housekeeping
unit and using cooking or sanitary facilities and certain rooms in
common.
[Amended 5-23-2005 by Ord. No. 7-05]
See "dwelling units: townhouse."
Any instance in which an animal is running about loose on
a street, or upon the property of a person other than the owner of
such animal, unleashed and unaccompanied by the owner or custodian
or any member of the owner's family or by any servant or agent of
the owner of such animal.
[Added 5-23-2005 by Ord. No. 7-05]
A lot or land part thereof used primarily for the disposal
of garbage, refuse, and other discarded materials including, but not
limited to, solid and liquid waste materials resulting from industrial,
commercial, agricultural, and residential activities. The operation
of a sanitary landfill normally consists of:
An educational use properly certified by the Commonwealth
of Pennsylvania, including:
[Added 5-12-2009 by Ord. No. 03-2009]
An educational use that includes:
[Added 5-12-2009 by Ord. No. 03-2009]
One operated and/or administered by the Octorara
Area School District, or its lawful successors, including public preschool,
elementary/middle or secondary school;
Public college;
Charter school, when in accordance with the
regulations of the Commonwealth of Pennsylvania;
Day-care program that is accessory and/or secondary
to and contained within a public school;
A facility that is primarily intended for education of a
work-related skill or craft, or a hobby, and that does not primarily
provide state-required education to persons under age 18, and may
include dancing school, martial arts school, ceramics school, or a
private vocational training facility.
[Added 5-12-2009 by Ord. No. 03-2009]
Secretary of Londonderry Township, Chester County, Pennsylvania.
[Amended 9-25-2006 by Ord. No. 2-06]
COMMUNITY SEWAGE SYSTEMAny system, whether publicly or privately owned, for the collection of sewage from two or more lots, and the treatment and/or disposal of the sewage on one or more lots or at any other site.
INDIVIDUAL ON-LOT SEWAGE SYSTEMA system of piping, tanks or other facilities serving a single lot and collecting sewage generated from that lot and disposing of sewage into the soil on said lot.
A group of stores, four or more in number, planned and designed
as an integrated unit with off-street parking provided on the property
as an integral part of the unit. "Shopping center" shall also mean
a group of stores less than four in number where the total gross floor
area of the stores exceeds 40,000 square feet.
[Amended 5-23-2005 by Ord. No. 7-05]
Any structure, building, wall, or other outdoor surface or
any device thereof, which displays or includes any letter, work, model,
banner, flag, pennant, insignia, device, or other representative used
for announcement, direction, identification, or advertisement. The
word "sign" includes the world "billboard" but does not include the
flag, pennant, or insignia of any nation, state, city or other political
unit.
A sign displaying letters, numbers, and/or symbols that are
designed to be readily changed electronically. A sign with changes
made less frequently than once per 24 hours shall not be deemed a
changeable-display sign nor shall any sign where changes to the content
are effected by mechanical or manual means.
[Added 8-8-2017 by Ord.
No. 04-2017]
Woody material left after a logging operation, including
logs, chunks, bark, branches, stumps, and broken understory trees
or brush.
[Added 1-3-2011 by Ord. No. 01-2011]
Any activity involving the breeding, raising, caring for,
housing, and principally the hobby/personal use of domestic animals
and/or products derived from those animals for use by the occupant,
owner, or lessee of the lot on which such use is located. Such animals
may include, but need not be limited to, equine species such as horses
and ponies, camelids such as llamas and alpacas, and other species
not defined as household pets or regulated elsewhere in this chapter;
the term shall not include poultry, fowl, or the operation of a kennel.
Incidental sales of animals or animal products directly associated
with the use may be permitted; however, no stock-in-trade sales, mail
order business, sales building or sales area shall be permitted. A
small-scale livestock use shall be considered accessory to single-family
detached dwelling or other permitted principal use located on the
same lot; otherwise, the livestock use shall be considered the principal
use for all regulatory purposes.
[Added 5-23-2005 by Ord. No. 7-05]
A scientific survey of soil conditions and characteristics
prepared by the former United States Soil Conservation Service or
current Natural Resources Conservation Service; in particular, the
Soil Survey of Chester and Delaware Counties (1963), as it may be
updated or amended.
[Added 3-24-2008 by Ord. No. 01-2008]
An energy collection and conservation system that takes solar
energy and converts it into usable electrical energy, heats water,
and/or provides other lawful benefit. Such a system shall include
all panels, wiring, and related ancillary equipment, and shall be
principally designed and used to generate power to offset utility
costs on the property where the system is located.
[Added 1-23-2012 by Ord. No. 01-2012]
A solar energy system designed to be a principal use on a
parcel and designed to distribute electricity off the site on which
the system is located.
[Added 1-23-2012 by Ord. No. 01-2012]
A use permitted with special permission, granted by the Zoning
Hearing Board, to occupy and use land/or a building for specific purposes
in accordance with this chapter when such use is not permitted by
right.
A structure used for the shelter or care of cattle, horses,
and other equids. A stable may be part of or accessory to an indoor
riding facility but shall not be considered the equivalent thereof.
[Added 6-28-2010 by Ord. No. 01-2010]
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
[Added 1-3-2011 by Ord. No. 01-2011]
The given weight of a particular animal, whether mature or
immature, used to determine how many animals comprise an animal unit
as defined by this chapter. For example, the standard weight for a
mature horse for nondraft breeds shall be 1,000 pounds and for draft
breeds shall be 1,700 pounds. Standard animal weights shall be as
listed in Table A of 25 Code Chapter 83, Section 83.262, of the Pennsylvania
Nutrient Management Rules and Regulations.
[Added 5-23-2005 by Ord. No. 7-05]
Any area with a gradient of 15% or greater, prior to any
earthmoving activity, as defined by the Soil Survey of Chester and
Delaware Counties, or as documented by an alternative source or method
deemed acceptable by the Township Engineer. Areas of steep slope shall
be further classified as moderately steep (slope of 15% to 25%) and
very steep (slope greater than 25%).
[Added 10-27-2008 by Ord. No. 08-2008]
The degree to which an area is effectively covered with living
trees.
[Added 1-3-2011 by Ord. No. 01-2011]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above. A basement, but not a cellar, shall be deemed to be a
story. Each level of a split-level building, excluding cellars, shall
be considered a half story.
Any space immediately below and wholly or partly within the
roof framing, with or without a finished floor, where the clear height
of not more than 50% of such space has structural headroom of seven
feet six inches or more. Any space which has more than 50% of its
area having such headroom shall be deemed to be a full story.
The boundary of a stream channel within which is contained
the volume of surface water of the stream under normal flow conditions.
[Added 3-24-2008 by Ord. No. 01-2008]
A line established in the middle of the surface water of
a stream, running parallel to and equidistant from each bank under
normal flow conditions.
[Added 3-24-2008 by Ord. No. 01-2008]
A public (dedicated) or private (undedicated) right-of-way,
excluding driveways, intended for use as a means of vehicular and
pedestrian circulation to provide access to more than one lot. The
word "street" includes thoroughfare, avenue, boulevard, cartway, court,
drive, expressway, highway, lane, alley, service street, and road
or similar terms.
The space formed by buildings located close to the street,
which is improved with street trees, curbs and sidewalks, and accentuated
with appointments that are emblematic of a traditional neighborhood
such as street lamps, low fences and grass islands between curb and
sidewalk. The streetscape is framed by buildings which help create
the type of character typical of a traditional neighborhood setting.
[Added 10-8-2002]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[Amended 5-23-2005 by Ord. No. 7-05]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The Subdivision and Land Development Ordinance of Londonderry
Township, Chester County, Pennsylvania.[13]
PRIVATEAny private, reasonably permanent pool or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
The Township of Londonderry, Chester County, Pennsylvania.
One or more lots assembled and presented as a single property for purposes of subdivision or land development in accordance with the provisions of this chapter, provided that the lots, when assembled, shall be contiguous (i.e., have significant common boundaries) and not separated or divided by an arterial or major collector street, as defined in § 130-7 of Chapter 130, Subdivision and Land Development, as amended.
[Added 5-23-2005 by Ord. No. 7-05]
The area of land contained within the title lines of a tract.
Any portion of a tract included in an existing street right-of-way
shall not be included in calculating gross tract area.
The area of land contained within the title lines of a tract,
but excluding all of the following conditions and features:
[Amended 10-9-2007 by Ord. No. 6-2007]
Any area within an existing public or private
street right-of-way;
Any area within an easement established for
aboveground or underground utilities that do not exclusively serve
the tract traversed;
Any area within an easement established for
water or wastewater facilities that do not serve the tract traversed;
Any area comprising an existing lake or pond;
Any area comprising a wetland;
Any area where the slope of the land exceeds
15%;
A development type defined in § 170-42A.
[Added 10-8-2002]
The specific purpose for which land, sign, structure, or
building is designed, arranged, intended, or for which it may be occupied
or maintained, or any activity, occupation, business, or operation
which may be carried on thereon or therein. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
The permission granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised as required by
the appropriate municipal code, for an adjustment to some regulation
which, if strictly adhered to, would result in an unnecessary hardship,
and where the permission granted would not be contrary to the public
interest, and would maintain the spirit and original intent of the
chapter.
A channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
INDIVIDUALA safe, adequate and healthful supply of water to a single user from a private well or spring in accordance with any applicable regulations.
COMMUNITYA safe, adequate and healthful supply of water to more than one user from a common source approved by the appropriate governmental agencies.
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions; or alluvial soils and
certain hydric soils, as defined by the Natural Resources Conservation
Service; or as further defined and/or delineated by the U.S. Army
Corps of Engineers, the U.S. Environmental Protection Agency, or the
Pennsylvania Department of Environmental Protection.
[Amended 5-23-2005 by Ord. No. 7-05]
Any system designed to convert wind energy into another usable
form of energy, such as heat or electricity, for use on the property
where the system is located. The system includes all turbines, towers,
wind chargers, transmission lines, and any other electrical infrastructure
or equipment necessary for the system to function in accordance with
this chapter.
[Added 1-23-2012 by Ord. No. 02-2012]
The height of a wind turbine as measured from the surface
of the turbine foundation to the tip of the rotor at its highest point.
[Added 1-23-2012 by Ord. No. 02-2012]
An open, unoccupied space on the same lot with a main building,
extending the full width of lot and situated between the front line
of the lot and the front line of the building projected to the side
lines of the lot. The depth of the front yard shall be measured between
the front line of the building and the street right-of-way line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
An open space on the same lot with a principal building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear line of the building.
A principal building shall not extend into the required rear yard.
[Amended 10-9-2007 by Ord. No. 5-2007]
An open space on the same lot with the principal building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line. A principal building
shall not extend into the required side yards.
[Added 10-9-2007 by Ord. No. 5-2007]
The Zoning Map of Londonderry Township, Chester County, Pennsylvania.
The agent or official designated by the Township to administrate
and enforce this chapter.
The Londonderry Township Zoning Ordinance of 1979, as amended.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the district in which it
is located or is to be located.
[1]
Editor's Note: The definition of “church,”
which immediately followed this definition, was repealed 9-25-2006
by Ord. No. 2-06. See now “place of worship.”
[2]
Editor's Note: The former definition of "common
open space," which immediately followed this definition, was repealed
10-8-2002.
[3]
Editor's Note: The definition of “community
utility,” which immediately followed this definition, was repealed
9-25-2006 by Ord. No. 2-06.
[4]
Editor's Note: The former definition of "dormitory," which
immediately followed this definition, was repealed 12-27-2018 by Ord.
No. 02-2018.
[5]
Editor's Note: The former definition of "educational
use," which immediately followed, was repealed 5-12-2009 by Ord. No.
03-2009.
[6]
Editor's Note: The former definition of “home
occupation,” which immediately followed this definition, was
repealed 10-19-2007 by Ord. No. 6-2007.
[7]
Editor's Note: Appendix 1 is included at the end of this chapter.
[8]
Editor's Note: See 53 P.S. § 10503(1.1).
[9]
Editor’s Note: The former definition of “new construction,”
as amended, which immediately followed this definition, was repealed
9-12-2017 by Ord. No. 05-2017.
[10]
Editor's Note: The former definitions of "open
space" and "open space option," which immediately followed this definition,
were repealed 10-8-2002.
[11]
Editor's Note: The former definition of "planting,
screen," which immediately followed this definition, was repealed
5-23-2005 by Ord. No. 7-05.
[12]
Editor's Note: The former definition of "seasonally
high water table soils," which immediately followed this definition,
was repealed 10-8-2002.
[14]
Editor’s Note: The former definitions of "substantial
damage" and "substantial improvement," which immediately preceded
this definition, were repealed 9-12-2017 by Ord. No. 05-2017.
