A.
Short title. This chapter shall be known and may be
cited as the "East Caln Township Zoning Ordinance of 1992."
B.
Purpose. This chapter is enacted to promote, protect
and facilitate the public health, safety and general welfare of the
present and future residents of the Township by providing: coordinated
and practical community development, proper density of population,
the provisions of adequate light and air, police protection, adequate
and safe vehicle and pedestrian circulation, water, sewerage, schools,
public ground and other public requirements, the preservation of the
natural, scenic and historic values in the environment and preservation
of forests, wetlands, aquifers and floodplain and to prevent overcrowding
of land, blight, danger and congestion in travel and transportation,
loss of health, life or property from fire, flood, panic or other
dangers. This chapter is enacted in accordance with the Township Comprehensive
Plan, and with consideration for the character of the Township, its
various parts and the suitability of the various parts for particular
uses and structures.
C.
Scope. From and after the effective date of this chapter
the size of all lots, the use of all land and every structure including,
but not limited to, buildings and sings or portion of a structure
erected, altered with respect to height and area, added to or relocated
and every use within a building or use accessory thereto, in the Township
of East Caln, shall be in conformity with the provisions of this chapter.
Any existing structures or lot, the use of a structure or use of land
not in conformity with these regulations herein shall be regarded
as nonconforming but may be continued, extended or changed subject
to the special regulations herein provided with respect to nonconforming
buildings or uses, provided that any structure or lot, use of structure
or use of land which is not legally conforming as of the date of enactment
of this chapter, shall not be made legally conforming by the enactment
hereof.
D.
Interpretation. In interpreting and applying the provisions
of this chapter, they shall be held to the minimum requirements for
the promotion of the health, safety and general welfare of the residents
of the Township.
E.
Statement of community development objectives. The Comprehensive Plan, in accordance with this chapter is enacted and which is reflected in the provisions of this chapter, has been formulated to implement the purposes set forth in Subsection B herein above, in the respect stated, and more particularly with a view toward the following objectives:
(1)
Guiding and encouraging the future development of
the Township in accordance with comprehensive planning of land use
and population density that represents the most beneficial and practical
relationships among the residential, commercial, industrial and recreational
areas within the Township, having regard to their suitability for
the various uses appropriate to each of them and their potentiality
for such uses, as indicated to topography, drainage and soil conditions,
existing transportation and other man-made conditions and trends in
population, in the direction and manner of the use of land, in building
development and in economic activity, considering such conditions
and trends both within the Township and with respect to the relation
of the Township to surrounding areas.
(2)
Protect the natural environment of the Township by
restricting development on areas of steep slope and encouraging development
which will promote energy conservation and will have a minimal effect
on existing public water service and sewage treatment facilities.
(3)
Protecting the character and the social and economic
stability of each of such areas and encouraging their orderly and
beneficial growth.
(4)
Protecting and conserving the value of land and buildings
throughout the Township appropriate to the various zoning districts
established herein.
(5)
Bringing about through proper timing the gradual conformity
of land use to the Comprehensive Plan aforesaid and minimizing conflicts
among the uses of land and buildings.
(6)
Bring about and maintain standards of construction
which protect the health, safety and welfare of Township citizens
singly and collectively.
(7)
Permit, through the design of new residential construction
and density, a wide range of housing for people of all income levels,
age, large or small families.
(8)
Encourage variety and efficient land use in residential
development through provision by ordinance for flexibility in design,
density and building type. Particularly desirable are plans of superior
quality because of better layout, better streets, lighting and other
facilities, more efficient use of land with a corresponding greater
allocation of open space and a more comprehensive design in terms
of serving people's needs.
(9)
Encourage the retention of open space or low density
use of those land areas such as streamsides, steep slopes and floodplains
less suitable or unsuitable for building. The overall objective of
this goal it to maintain for public welfare the natural watershed
and drainage system in the Township. Benefits which may accrue are
environmental, tending to protect the rural character in spite of
residential growth, and financial, in that storm drainage systems
would be greatly reduced in scope and cost and flood damage problems
would not occur.
(10)
Provide for the addition of industry in the
Township under high standards of design and construction.
(11)
Limit growth of extensive commercial enterprise
to the area of the Township where adequate access can be provided
and public facilities are available. Promote greater efficiency and
improved appearance in commercial uses through careful application
of the design standards. Remote neighborhoods should have available
neighborhood shops for staple items.
(12)
Develop a recreational program by acquiring
and improving additional park land.
(13)
Aid in bringing about the most beneficial relationship
between land use and the circulation of vehicle and pedestrian traffic
throughout the Township, having particular regard to traffic and to
the avoidance of congestion in the streets and provision of safe and
convenient access appropriate to the various land uses.
(14)
Bring about, through proper timing, the gradual
conformity of land use to the Comprehensive Plan and minimize conflicts
among users of land in business.
F.
Conflict. It is not intended by this chapter to abrogate,
annul or interfere with any existing lawful uses, applications or
permits, etc., granted under prior legislative enactments.
G.
Validity. Should any section or provision of this
chapter be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of this chapter as a whole
or of any other part thereof.
A.
B.
Zoning Map. The areas within the Township of East
Caln, as assigned to each district and the location of the districts
established by this chapter, are shown upon the zoning map, which
together with all explanatory matter thereon is attached to and is
declared to be a part of this chapter.[2]
[2]
Editor's Note: The current Zoning Map is on file in the Township offices. A Table of Zoning Map Amendments is included as an attachment to this chapter.
C.
District boundary line. The district boundary lines
shall be as shown on the zoning map. District boundary lines are intended
to coincide with lot lines, center lines of streets and alleys, railroad
rights-of-way, beds of streams existing at the time of passage of
this chapter, the corporate boundary of the Township or as dimensioned
on the map. In the event of question about the location of the boundary
of any district, the Zoning Officer shall investigate and render a
decision on the location of the line. Appeals from this decision shall
be made to the Zoning Hearing Board.[3]
[3]
Editor’s Note: Former Subsection D, Overlay districts,
was repealed 7-19-2017 by Ord. No. 2017-05.
[Amended 3-1-1995 by Ord. No. 1995-2; 3-20-1996 by Ord. No. 1996-1; 11-20-1996 by Ord. No. 1996-5; 6-18-1997 by Ord. No. 1997-1; 10-21-1998 by Ord. No. 1998-7; 4-7-1999 by Ord. No. 1999-1; 8-18-1999 by Ord. No. 1999-3; 9-6-2000 by Ord. No. 2000-3; 11-20-2002 by Ord. No. 2002-04; 2-19-2003 by Ord. No. 2003-02; 2-19-2003 by Ord. No. 2003-03; 7-19-2006 by Ord. No.
2006-01]
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meaning herein
indicated. Words in the singular include the plural and those in the
plural include the singular.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
use.
A use subordinate to the principal use of the land or of
a building on a lot an customarily incidental hereto.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988 and as it may be further amended
from time to time.
The lot area that remains for purposes of calculating density and coverage once the limitations listed in § 225-15G are deducted from the gross lot area.
The cultivation of the soil and the raising and harvesting
of the products of the soil including, but not by way of limitation,
nurserying, horticulture, forestry and the breeding and raising of
customary domestic animals for the purpose of profit.
Any enlargement/reduction of a structure or change in the
supporting members of a building structure such as bearing walls,
columns, beams or girders, joints or rafters or enclosing walls or
any changes in the facade of a building.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
[Added 7-20-2016 by Ord.
No. 2016-03]
See "dwelling, multifamily — apartment."
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
A facility which houses an automobile body repair garage
which may include paint spraying and body and fender work within an
enclosed building as well as mechanical repair.
The use of any building, land area or other premises for
the display of new or used automobiles, panel trucks or vans, trailers
or recreation vehicles and including any warranty repair work and
other repair service conducted as an accessory use.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also, any light with one or more beams that rotate or move.
A use accessory to an owner-occupied, single-family detached
dwelling, consisting of guest rooms available for short term overnight
rental and the provision of breakfast service to overnight guest.
An area of land bounded by streets.
The Board of Supervisors of East Caln Township.
Any structure which has enclosed walls and a roof including
house trailers and mobile homes.
The area of a lot covered by a building(s). Such measurement
is the horizontal section of a building taken at its greatest outside
dimensions on the ground floor.
A line within a property parallel to the building set back
line but passing along the exterior of the front wall of the principal
structure on the lot at the point closest to the street line.
An established line within a property defining the minimum
required distance between any structure to be erected and an adjacent
right-of-way or street line.
A term used to describe the size of buildings or other structures
and their relationships to each other, to open areas such as yards
and to lot lines and is used in conjunction with such expressions
as:
A structure provided for the protection and safety of users
of public transportation facilities.
The diameter of a tree measured at 4 1/2 feet from the
ground level.
A building or group of buildings including customary accessory
buildings designed or intended for organized religious services.
See "medical clinic."
Building utilized as a private club offering restaurant and/or
bar privileges.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals (or other transmissions developed
in the future) for communications purposes.
[Added 7-20-2016 by Ord.
No. 2016-03]
A building, land and/or structure used for the purpose of
providing recreational facilities for a charge to the general public.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas and areas set aside for public facilities.
An establishment primarily engaged in the provision of broadcasting
and other information-relay services accomplished through the use
of electronic and telephonic mechanisms. Excluded are facilities classified
as major utility services or broadcasting or communications towers.
Typical uses include television studios, telecommunications service
centers, or film and sound-recording facilities.
[Amended 7-20-2016 by Ord. No. 2016-03]
A building or group of buildings, owned and operated by a
governmental entity or a charitable organization as defined by the
U.S. Internal Revenue Code of 1954, devoted exclusively to civic,
social, recreational, educational or cultural group activities including
premises and facilities appropriate to such activities; provided,
however, that the premises shall not include living quarters.[1]
A use permitted in a particular zoning district pursuant to the provisions in § 225-35.
An environmentally sensitive area with characteristics such
as steep slopes, wetlands, floodplains, high water tables, forest
areas, endangered species habitat or other areas of significant environmental
importance that have been designated for, or are deserving of, protection
from any activity that would significantly alter their ecological
integrity, balance or character.
A subdivision designed specifically to protect natural resource
areas, scenic views and other environmentally constrained areas, while
providing the landowner an opportunity to achieve the density permitted
in the underlying zoning district. Passive recreation activities may
be incorporated into the conservation areas.
A group of commercial office establishments constructed and
managed as a single, overall entity and consisting of office structures
and the necessary commercial establishments to provide service to
the employees and clientele of the department together with associated
parking and provisions for vehicular access.
A facility in which day care is provided for children or
adults without provisions for over night sleeping. Such facility shall
be operated under the regulations of the Commonwealth of Pennsylvania
and the provisions of this chapter.
A facility, other than a single-family dwelling unit, in
which day care is provided for children. Such facility shall be operated
under the regulations of the Commonwealth of Pennsylvania and the
provisions of this chapter.
Any single-family dwelling unit which is occupied by the
caregiver, operated for profit or not for profit, in which child day
care is provided at any one time to four, five or six children who
are not relatives of the caregiver.
Any single-family dwelling unit which is occupied by the
caregiver, operated for profit or not for profit, in which child day
care is provided at any one time for six or more, but less than 12,
children who are not relatives of the caregiver.
A term used to express the ratio between dwelling units and
acreage.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made or applies
for plan approval of a subdivision of land or land development.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structure, the placement
of mobile homes, streets and other paving, utilities, filling, grading,
excavation, mining, dredging or drilling operations and the subdivision
of land or the storage of materials or equipment.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 7-20-2016 by Ord.
No. 2016-03]
Any building containing one or more dwelling units. See "dwelling
unit."
The system of separate ownership of individual units in a
multi-unit building or buildings under the provisions of the Pennsylvania
"Uniform Condominium Act of 1980," its supplements or amendments.
A building designed for and occupied exclusively as a residence
for three or more families living independently of one another.
A multifamily dwelling where individual units share a common
outside access and share a common yard area. Such dwellings contain
two or more dwelling units in a single structure separated by party
walls.
A dwelling with party walls separating two or more dwelling
units and having independent and separate exterior access such as
duplex, quadruplex, multiplex, townhouse, patio house, atrium house
and/or other like units.
A single-family, attached dwelling within a building with
more than one other single-family attached dwelling units separated
by one or two unpierced party walls from ground to roof.
A building designed for and occupied exclusively as a residence
for one family and having no party wall in common with an adjacent
dwelling unit. Where a private garage is structurally attached to
such building it shall be considered a part of the dwelling.
A single-family, semiattached dwelling having two individual
dwelling units: either from ground to roof separated by one unpierced
party wall in common with the other dwelling unit or on two horizontal
planes, over and under.
A building designed for and occupied exclusively as a dwelling
for two families.
A building or portion thereof, forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating exclusively by one family.
Any form of restaurant and/or tavern open to the public and
dispensing food and drink.
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 7-20-2016 by Ord.
No. 2016-03]
A building or group of buildings used for the housing of
fire protection and other emergency services equipment, training facilities
and accessory uses for fund raising activities for volunteer emergency
services organizations.
An enlargement is an addition to the floor area of an existing
building, an increase of the size of another structure or an increase
in that portion of a lot occupied by an existing use.[2]
Federal Communications Commission.
[Added 7-20-2016 by Ord.
No. 2016-03]
An artificially constructed barrier of a single material
or combination of materials erected to enclose or screen areas of
land.[3]
A general and temporary condition or partial complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation of runoff
or surface waters from any source.
Mudslides (i.e., mudflows) which are approximately
caused or precipitated by accumulation of water on or under the ground.
As otherwise described in § 225-24.
[Added 7-19-2017 by Ord.
No. 2017-05]
Floor area is the sum of the area of the several floors of
a building or buildings measured from the face of the exterior walls
or from center lines of walls separating two buildings. In particular,
floor area includes but is not limited to the following:[4]
Basement space if it meets the requirement of
a building story.
Elevator shafts, stairwells and attic space
(whether or not a floor has been laid) providing structural headroom
of eight feet or more.
Roofed terraces, exterior balconies, breezeways
or porches, provided that over 50% of the perimeter of these is closed.
Any other floor space used for dwelling purposes,
no matter where located within the building.
The area of accessory buildings.
A building used for the preparation of the deceased for burial
or cremation and the display of the deceased and ceremonies connected
therewith before burial or cremation.
A building and accompanying structures in which the sale
of motor fuels constitutes 25% or more of gross income.
An energy-generating system utilizing the earth's thermal
properties to meet all or part of the heating requirements of the
on-site user. Specific terms include:
[Added 5-21-2014 by Ord. No. 2014-02]
BOREHOLESA penetration of soil and/or rock that is augured, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed which is generally cylindrical in shape and whose diameter is generally smaller than its depth of penetration. Used in closed vertical loop geothermal systems.
CLOSED-LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that consists of the following basic elements: underground loops of piping; approved, nontoxic heat transfer fluid; a heat pump; and an air distribution system; intended to utilize the earth's constant temperature for improved heat pump efficiency. The fluid is circulated through the piping from the ground into the heat exchanger and back. The system functions in the same manner as an open-loop system except there is no pumping of groundwater.
OPEN-LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that utilizes a water-supply well, or other sources, and a pump to deliver groundwater to a heat exchanger. The discharge water from the heat exchanger may be returned to the subsurface through a recharge well or infiltration bed or may be discharged into a pond, lake, or stream. [PROHIBITED]
A building's vertical measurement from level of the ground five feet from the face of the building at any point along the perimeter of the building to a point midway between the highest and lowest points of the roof. (See § 225-15E for exceptions.)
An improved area either at ground level or elevated on a
structure, licensed or approved for the loading and takeoff of helicopters
and including auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the U.S. Department of
Interior) or preliminarily determined by the U.S. Secretary of the
Interior as meeting the requirements for individual listing on the
National Register.
Certified or preliminarily determined by the
U.S. 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 U.S. Secretary of the Interior.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
An activity for financial gain customarily carried on in a dwelling or in a building or structure accessory to a dwelling, as an accessory use of the dwelling in accordance with § 225-20B(5).
An establishment, licensed by the Pennsylvania Department
of Health, which provides health services primarily for inpatient
medical or surgical care of the sick or injured, including such related
facilities such as laboratories, outpatient departments, training
facilities, central services and staff offices as in integral part
of the establishment.
A building used for the purpose of furnishing for compensation
for overnight lodging to the public.
A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to structures such as roofs, buildings
and storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, paver areas and paved
courts; or athletic playfields comprised of synthetic turf materials.
[Amended 7-20-2011 by Ord. No. 2011-02; 4-13-2016 by Ord. No. 2016-01]
Materials such as gravel, mulch and stone may be excluded from
the calculation of lot coverage when designed and maintained as part
of a predominantly vegetated surface, including landscaping and stormwater
management facilities.
When determined by the Township as appropriate, porous pavement
may be used for stormwater management purposes but shall not be excluded
from the calculation of lot coverage.
When used for driveways, parking areas or other areas subject
to settling, sedimentation or compaction, all materials shall be evaluated
for runoff in their most impervious condition.
Pool surface area is not considered impervious. However, coping,
decking and any patio area surrounding the pool is determined to be
impervious and shall not be excluded from the calculation of lot coverage.
The construction of any type of structure or pavement excluding
driveways.
A building containing multiple residential dwelling units
for persons who are 55 years of age and older that qualifies for the
exemption to the prohibition against discrimination based on familial
status found in Section 3607(b)(1) of the United States Fair Housing
Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons
Act of 1995 and the regulations promulgated thereunder. The facility
may include accessory uses, such as common kitchen facilities and
dining rooms, activity and meeting rooms, storage areas, recreation
and exercise facilities, sundries store, administrative offices and
a beauty/barber shop.
[Added 12-7-2011 by Ord. No. 2011-07]
A building and grounds, a portion of which is used for the
residence of more than three unrelated persons who occupy the buildings
for a common purpose, to include hospitals, convents, school dormitories
and nursing homes.
An area of land, with or without buildings, used for storage
outside a completely enclosed building of used and discarded materials
including, but not limited to, wastepaper, rags, metal, building materials,
house furnishings, machinery, vehicles or parts thereof, with or without
the dismantling, processing, salvage, sale or other use of disposition
of the same. The deposit or storage on a lot of two or more unlicensed,
wrecked or disabled vehicles, or the major part thereof, is a junk
yard.
An establishment where six or more dogs, cats or like domesticated
animals more than one year old are kept, boarded, groomed, trained,
raised or bred for compensation.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing or experimentation.
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.
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.
A disposal site employing an engineering method of disposing
of solid wastes in a manner that minimizes environmental hazards by
spreading, compacting to the smallest volume and applying cover material
over all exposed waste at the end of each operating day. The term
landfill includes secure, unsecured and sanitary landfills.
The legal or beneficial owner or owners of land including
the holder or 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 the land.
That portion of a tract or lot in which plantings have been installed in accordance with the provisions for landscaping in § 225-17A.
Establishments greater than 100,000 square feet in size engaged
in selling goods or merchandise to the general public.
A space, accessible from a street or way, in building or
on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
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 total horizontal area within the lot lines of a lot following
exclusion of:
Areas within an existing or proposed, public
or private, easement or right-of-way the terms or conditions of which
restrict or limit the nature, dimensional characteristics or intensity
of development or development activities within the said easement
or right-of-way.
In the case of an interior lot, any right-of-way,
easement or accessway connecting such interior lot to a road or street.
Areas of steep slope, watercourses, wet and alluvial soils, floodplains and wetlands described in § 225-15G.
A lot bounded on at least two sides by intersecting streets,
or upon two parts of the same street, whenever the lines of such streets
extended from an interior angle of 135° or less. Both yards adjacent
to streets shall be considered front yards. The remaining two yards
shall be side yards.
The percentage of the lot area which is building area and/or
covered by impervious materials and/or paved area.
The front lot line is the line separating the lot from the
street right-of-way.
The rear lot line is any line, except the front lot line,
which is parallel to, or within 45° of being parallel to, and
does not intersect any street line.
A side lot line is any lot line which is not a front lot
line or a rear lot line.
A lot with frontage on two streets which provides vehicular
access solely from the street with lesser functional classification.
The lowest floor of the lowest fully enclosed area (including
the basement). An unfinished, flood-resistant, partially enclosed
area used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area, is not considered
the lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
[Added 10-18-2006 by Ord. No. 2006-03]
A complete lighting unit, lighting unit assembly (including
reflectors, bulb, glassware, socket, etc.) and accessories for mounting.
A development consisting of retail stores containing in the
aggregate 350,000 square feet or more of total building area and where
no more than 5% of the total building area is dedicated to retail
stores which have an area within the demising walls of less than 5,000
square feet. Any change in the allocation of space (changes in the
demising walls) after the recording of an approved Development Plan
shall require a new conditional use application pursuant to this chapter.
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Added 10-18-2006 by Ord. No. 2006-03]
A parcel of land, under single ownership, which has been
planned and improved for the placement of two or more manufactured
homes for nontransient use.
[Added 10-18-2006 by Ord. No. 2006-03]
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products including the assembling
of component parts, the manufacturing of products and the blending
of materials.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
An establishment where patients are admitted for examination
and treatment by one or more qualified persons in medical arts and
where patients are not lodged overnight.
A combination of small and large retail uses and multi-family apartment use in accordance with the requirements set forth in § 225-9E. The small retail use component of the Mixed Town Use shall not exceed more than two pad sites, neither of which shall exceed 7,000 square feet of floor area.
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation. For purposes of § 225-24 of this chapter, a mobile home shall be a manufactured home as defined in § 225-24.
[Amended 7-19-2017 by Ord. No. 2017-05]
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
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.
The collocation, improvements, upgrade, expansion, removal,
or replacement of an antenna or any other transmission equipment associated
with the supporting structure.
[Added 7-20-2016 by Ord.
No. 2016-03]
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground, or
on top of a structure, to support communications antennas and connecting
appurtenances.
[Added 7-20-2016 by Ord.
No. 2016-03]
One or more buildings suitable for occupancy containing rental
units, designed or used primarily for the accommodations of overnight
travelers and having for each rental unit a separate outside entrance
and parking space.
The multiple use of a single commercial lot for any of the uses allowed under § 225-8B of this chapter.
Structures for which the start of construction commenced
on or after September 24,1980, and including any subsequent improvements
to such structures.
A lot area or dimension which was lawful prior to the adoption
of or amendment to this chapter or amendment, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such chapter or amendment
or prior to the application of such chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs and buildings.
A use, whether of land or of structure, which does not comply
with the applicable use provision in this chapter or amendment heretofore
and hereafter enacted where such use was lawfully in existence prior
to the enactment of this chapter or amendment or prior to the application
of such chapter or amendment to its location by reason of annexation.
Components of a wireless communications facility other than
the wireless support structure.
[Added 7-20-2016 by Ord.
No. 2016-03]
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations of a business, professional service, industry
or government.
A development on a tract of land that contains a number of
separate office buildings, supporting uses and open space designed,
planned, constructed and managed on an integrated and coordinated
basis.
A use where no less than 25% of the structure is an office
directly related to the adjoining warehousing and distribution, processing
or assembly use.
A map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Planning Code, as amended.
Off-site sewer service is the disposal of sewage by use of
a sanitary sewer system served by a central sewage treatment facility
approved by the Pennsylvania Department of Environmental Protection.
Off-site water service is a safe, adequate and healthful
supply of water to more than one principal use from a common source
approved by the Pennsylvania Department of Environmental Protection.
On-site service is the disposal of sewage by use of septic
tanks, drain fields or other safe and healthful means within the confines
of the lot on which the use is located, a permit for which has been
issued by the Chester County Health Department.
On-site water service is a safe, adequate and healthful supply
of water to a single user from a private well within the confines
of the lot on which the use is located, a permit for which has been
issued by the Chester County Health Department.
An area to remain in a substantially undeveloped condition
in perpetuity providing for natural resource preservation and/or passive
recreational uses, including public access to same.
[Added 6-30-2010 by Ord. No. 2010-01][5]
An area designed to provide outdoor recreation facilities
for the residents of a specific area or of the Township as a whole.
Any structure must be accessory to the outdoor recreation facility
use.
A subdivision designed to provide open space for the primary purpose of recreation in accordance with § 225-22, while providing the landowner an opportunity to achieve the density permitted in the underlying zoning district. Such subdivisions may include conservation areas as well.
An area of land usually in a natural site, for the enjoyment
of persons, having facilities for rest and recreation.
A dustless, all-weather surface designed and constructed
according to all applicable regulations for the storage of one vehicle.
The area of a lot covered by bituminous or concrete paving
or other tightly bound, relatively impervious surfaces not intended
to have vegetative cover, including, but not limited to, spaces for
parking, driveways, access roads, sidewalks and walls.
The word "person" includes an individual, corporation, partnership,
incorporator's association or any other similar entity.
A building or portion of a building in which the services
of a person permitted to practice a specific profession are offered
to the general public. Examples of such uses include agents, barbers,
beauticians, doctors, lawyers, optometrists, photographers, post offices,
repairing, tailors, undertakers and utility collection offices.
The Planning Commission of East Caln Township.
A strip of deciduous and evergreen planting to be maintained and provide effective screening throughout the year. The design and composition of a planting screen are specified in § 225-17A.
Any activity limited to members of an organization or to
persons specifically invited where no advertisement or inducement
has been made to the general public.
A function involved in the manufacture of materials, goods
or products in which they are not physically changed.
Any use in which the general public is involved.
Includes:
A formal meeting held pursuant to notice by the governing
body, Zoning Hearing Board or planning agency, intended to inform
and obtain public comment prior to taking action in accordance with
this chapter.
A forum held in pursuant to notice under the act of July
3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
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 or less than seven days from the date
of the hearing.
An excavation or other place from which stone (including
limestone), gravel, sand, slate or other minerals are removed by cutting,
digging, blasting or other means and including, but not limited to,
those related operations of crushing, sorting, sizing or stockpiling
of quarried materials including overburden and topsoil as well as
settlement basins and equipment maintenance and parking area.
A vehicle which is:
[Added 10-18-2006 by Ord. No. 2006-03]
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;
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.[6]
A building used for the purpose of furnishing food to the
public to be consumed on the premises.
A fast food restaurant or section thereof which is designed
to allow for the serving and pick up of food, without leaving the
vehicle, for off-premises consumption.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the building or off the premises.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
The surface of and the space above and below any real property
in the Township set aside for streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area or property under the control of the Township or commonwealth,
and any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township or commonwealth.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
[Added 7-20-2016 by Ord.
No. 2016-03]
A dwelling in which sleeping accommodations are provided
for rent to less than 10 persons, whether or not the serving of meals
is included.
A religious, sectarian, nonsectarian, denominational private
institution or a public institution which is not conducted as a private
gainful business and are licensed by the State.
A cart, dolly, hand truck or similar device utilized to transport
merchandise from a store through adjacent access and/or parking areas
for the convenience of customers.
A development consisting of retail stores, business and professional
office and community center uses containing in the aggregate between
50,000 and 500,000 square feet of total building area and where no
more than 50% of the total building area is dedicated to retail stores
which have an area within the demising walls of less than 10,000 square
feet. Any change in the allocation of space (changes in demising walls)
after the recording of an approved development plan shall require
a new conditional use application pursuant to this chapter.
A sign is any letter, word, model, device, symbol or representation
intended as an announcement, direction or advertisement and may be:
The ownership of a lot by one or more persons which ownership
is separate and distinct from that of any adjoining property.
Establishments within a Mixed Town Use not greater than 7,000 square feet in size to be located on not more than two pad sites consisting of any combination of the following uses: (1) retail store(s) engaged in selling goods, merchandise or personal or household services to the general public; (2) banks, savings and loans, credit unions and/or other financial offices; (3) day-care center pursuant to § 225-14D; and (4) restaurant provided it complies with the parking regulations set forth in § 225-9E.
Energy which has been converted, through the use of a solar
energy system, from sunlight into usable electricity or to heat air,
water, or other fluids for use in hot water or space heating, or other
applications.
[Added 5-21-2014 by Ord. No. 2014-02]
An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part
of the energy or heating requirements of the on-site user or which
is to be sold to a utility company to be used by others or sold directly
to other users. Particular types of energy systems include, but are
not limited to:
[Added 5-21-2014 by Ord. No. 2014-02]
A use permitted in a particular zoning district pursuant to the provisions of § 225-42D of this chapter.
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure, and facilities constructed to resemble trees, shrubs, and
light poles.
[Added 7-20-2016 by Ord.
No. 2016-03]
The area of land which is characterized by a change in elevation of 15% or more over a distance or contour specified in § 225-23.
An activity involving the depositing of materials, goods
or products for safekeeping.
A story is that portion of a building located between the
surface of any floor and the ceiling or roof next above it.
An avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct or any other ways used or intended to be used by vehicular
traffic or pedestrians whether public or private. All private streets
shall be constructed in accordance with the standards in the East
Caln Township Subdivision and Land Development Regulations of 1993,
as amended.
A street line is the right-of-way line of the street which
provides access to the lot.
Any manmade object having an ascertainable stationary location
in land or water, whether or not affixed to the land.
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, conveyance or other 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 of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any repair, 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 improvements to structures
which have incurred "substantial damage," as defined herein, 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 which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions.
Any alteration of an historic structure, as
defined herein, provided that the alteration will not preclude the
structure's continued designation as a historic structure.
[Added 7-20-2016 by Ord.
No. 2016-03]
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
A building or contiguous buildings sharing a common entrance
designed and used for showing motion pictures or stage show presentations.
See "bed and breakfast."
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based wireless
communications facilities.
[Added 7-20-2016 by Ord.
No. 2016-03]
See "dwelling, single-family attached — townhouse."
The Township of East Caln.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for East Caln Township
or East Caln Township Planning Commission.
One or more lots assembled for the purpose of development
under provisions of this chapter.
A building or area in which freight brought by truck is assembled
and/or stored for routing or reshipment, and/or in which empty trailers,
including tractor and/or trailer units and other trucks, are parked
or stored.
The statewide building code, adopted by the Pennsylvania
General Assembly in 1999, applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable within the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 10-18-2006 by Ord. No. 2006-03]
The purpose for which a building or other structure or tract
of land is used.
Relief granted pursuant to the provisions of § 225-42C of this chapter.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment.
Any natural or artificial stream, river, creek, ditch, channel,
canal, waterway, gully or ravine in which water flows in a definite
direction of course, either continuously or intermittently and has
a definite channel.
Areas that are inundated and saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs and similar areas.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional
or professional business users or to other wholesalers or acting as
agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
A wind energy system direct-current generator used for charging
storage batteries.
[Added 5-21-2014 by Ord. No. 2014-02]
An energy conversion system, typically consisting of a windmill
or wind turbine, a tower, and associated controls and appurtenances
(including electrical infrastructure and transmission lines), that
convert wind energy to a usable form of energy to meet all or part
of the energy requirements of the on-site user, and/or which is to
be sold to a utility company to be used by others, or sold directly
to other users.
[Added 5-21-2014 by Ord. No. 2014-02]
The distance measured from the ground to the highest point
of the extended blade tip or the highest point of the wind energy
system.
[Added 5-21-2014 by Ord. No. 2014-02]
A device that generates energy by a wheel of adjustable blades
or slats rotated by the wind.
[Added 5-21-2014 by Ord. No. 2014-02]
A device that converts wind energy into electricity through
the use of a wind turbine generator.
[Added 5-21-2014 by Ord. No. 2014-02]
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 7-20-2016 by Ord.
No. 2016-03]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing or accommodating
wireless communications services.
[Added 7-20-2016 by Ord.
No. 2016-03]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way or other Township-owned land or property.
[Added 7-20-2016 by Ord.
No. 2016-03]
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 7-20-2016 by Ord.
No. 2016-03]
Those areas of extensive vegetation in which the dominant
plants are trees that are indigenous to the area.
A yard is that area of a lot which is open to the sky and
extends from the lot line (i.e., the front, rear or side lot lines
as defined herein) toward the interior of the lot, along the entire
length of the lot line to the minimum depth required by this chapter,
except that certain accessory structures, such as signs private driveway
and parking areas serving uses on the lot only, may be located within
the yard areas pursuant to specific authorization in this chapter.
A yard extending along the full length of the front lot line.
A yard extending along the rear lot line of a property from
side yard to side yard.
A yard extending along the side lot line from the front yard
to the rear lot line.
The Zoning Hearing Board of East Caln Township.
A map of East Caln Township indicating the location of boundaries
for each zoning district.
The municipal officer charged with enforcing the literal
terms of this chapter.
[1]
Editor’s Note: The former definition of “completely
dry space,” as amended, which immediately followed this definition,
was repealed 7-19-2017 by Ord. No. 2017-05.
[2]
Editor’s Note: The former definition of “essentially
dry space,” as amended, which immediately followed this definition,
was repealed 7-19-2017 by Ord. No. 2017-05.
[3]
Editor’s Note: The former definition of “flood,
100-year,” which immediately followed this definition, was repealed
7-19-2017 by Ord. No. 2017-05.
[4]
Editor’s Note: The former definitions of “floodplain
conservation district,” as amended, “floodproofing,”
and “floodway,” which immediately preceded this definition,
were repealed 7-19-2017 by Ord. No. 2017-05.
[5]
Editor’s Note: The former definition of ”open
space area," which immediately followed this definition, was repealed
6-30-2010 by Ord. No. 2010-01.
[6]
Editor’s Note: The former definition of “repetitive
loss,” as amended, which immediately followed this definition,
was repealed 7-19-2017 by Ord. No. 2017-05.
