This chapter shall be known and may be cited as the "Elizabeth Township Zoning Ordinance of 2003."
This chapter is enacted to promote, protect and facilitate the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds and other public requirements, as well as 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 an overall planning program and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures.
From and after the effective date of this chapter, the use of all land and every building or structure or portion of a building or structure erected, altered with respect to height and area, added to, or relocated, and every use within a building or structure or use accessory thereto, in Elizabeth Township shall be in conformity with the provisions of this chapter. Any existing building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming buildings, structures, or uses.
In interpretating and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, and general welfare of the residents of the Township.
It is not intended by this chapter to repeal, abrogate, annul, or interfere with any existing ordinance or enactment, or with any rule, regulation or permit adopted or issued thereunder, except insofar as the same may be inconsistent or in conflict with any of the provisions of this chapter, provided that where this chapter imposes greater restrictions upon the use of buildings or land, or upon the height and bulk of buildings, or prescribed larger open spaces than are required by the provisions of other such ordinance, enactment, rule, regulation or permit, then the provisions of this chapter shall control. Furthermore, if a discrepancy exists between any regulations contained within this chapter, that regulation which imposes the greater restriction shall apply.
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.
If a use is neither specifically permitted nor prohibited in any zoning district under this chapter, the applicant may make application to the Zoning Hearing Board to hear and decide such request as a special exception. The Zoning Hearing Board shall permit the use or deny the use in accordance with the standards for the consideration of special exceptions contained herein. The use may be permitted if it i) is of the same general character of the enumerated permitted use in the zone in which the subject property is located; ii) is in accordance with the intended purpose of the zoning district; iii) is compatible with the permitted use in the zone; and iv) shall comply with all performance standards applicable to such permitted use. The duty to present evidence and the burden of proof shall be on the applicant to demonstrate that the proposed use is of the same general character as in accordance with the intended purpose of the zone permitted use, is compatible with the permitted use in the zone and shall comply with all performance standards applicable to such permitted use in the zone.
For the purpose of this chapter, Elizabeth Township is hereby divided into zones that shall be designated as follows:
Agricultural Zone (A)
Rural Zone (R)
R-1 Suburban Residential Zone (R-1)
R-2 Village Residential Zone (R-2)
Village Commercial Zone (VC)
Highway Commercial Zone (HC)
Industrial Zone (I)
Limited Industrial Zone (LI)
Business Campus Zone (BC)
Conservation Zone (C)
Floodplain Zone (F)
The areas within Elizabeth Township, as assigned to each zone and the location of the zones 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.
The zone boundary lines shall be as shown on the Zoning Map. Zone boundary lines are intended to coincide with lot lines, center lines of streets and alleys, railroad rights-of-way, and streams at time of passage of this chapter, the corporate boundary of the Township or as dimensioned on the map. In the event of dispute about the location of the boundary of any zone, 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.
A. 
The boundaries between districts are, unless otherwise indicated:
(1) 
Lot or property lines as they exist on plans of record at the time of the adoption of this ordinance;
(2) 
The center lines of streets, highways, waterways, or railroad rights-of-way; or
(3) 
Such lines extended or lines parallel thereto.
B. 
Where a figure is shown on a zoning map between a right-of-way or lot line and a district boundary line, it indicates that the zone boundary line runs parallel to the right-of-way or lot line at that distance from it.
C. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines and where it does not scale more than 10 feet therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
D. 
Where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map.
A. 
In unsubdivided land where a district boundary line divides a lot held in single and separate ownership, the following rules shall apply:
(1) 
The permitted use of the more restricted district may extend not more than 50 feet into the less restricted district.
(2) 
The use in a less restricted district may extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the district boundary line, providing such extension does not extend the frontage of the less restricted district along a street.
(3) 
The frontage of the less restricted district may extend over the portion of the lot in the more restricted district a distance of not more than 50 feet beyond the district line, providing a conditional use is granted by the Board of Supervisors.
B. 
For the purposes of this section, the districts in order of hierarchy from most restrictive to least restrictive are as follows:
R-1 Suburban Residential Zone (R-1)
R-2 Village Residential Zone (R-2)
Conservation Zone (C)
Agricultural Zone (A)
Rural Zone (R)
Village Commercial Zone (VC)
Business Campus Zone (BC)
Highway Commercial Zone (HC)
Limited Industrial Zone (LI)
Industrial Zone (I)
This chapter is enacted in accordance with the Elizabeth Township Comprehensive Plan and has been formulated to implement the purpose set forth in § 185-2 above. The chapter is enacted with regard to the following community development objectives:
A. 
To guide the future development of the Township in accordance with comprehensive planning of land use and population density that represents the most beneficial and convenient relationship among the agricultural, residential, commercial, 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.
B. 
To preserve the pastoral and rural character of the Township by continuing agricultural and rural residences as the dominant land uses.
C. 
To protect the sensitive environmental conditions inventoried in the Township Comprehensive Plan.
D. 
To provide for commercial and industrial land use that is sufficient to accommodate the Township's local business needs.
E. 
To protect the character and the social and economic stability of all areas of the Township, and to provide for their orderly and beneficial growth.
F. 
To protect and conserve the value of land and buildings throughout the Township appropriate to the various zones established herein.
G. 
To aid in bringing about the most beneficial relationship between land use and the circulation of traffic throughout the Township, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient access appropriate to the various land uses.
H. 
To aid in providing a guide for public policy and action in the efficient provision of public facilities and services, in the provision of safe and proper sanitary sewage disposal and for private enterprise in building development, investment and other economic activity relating to land use.
I. 
To focus growth and development in those areas that are characterized by acceptable environmental conditions for such development.
A. 
Word usage. Words and phrases shall be presumed to be used in their ordinary context, unless such word or phrase is defined differently within this section.
B. 
Language interpretation. In this chapter, when not inconsistent with the context, words in the present tense include the future tense, and words in the future tense include the present tense. The singular number shall include the plural, and the plural number shall include the singular. The masculine gender shall include the feminine gender and the neuter. The terms "shall" or "must" are mandatory, and the term "may" is permissive.
C. 
Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section-in the appropriate sections of this chapter:
ACCESS DRIVE
A private drive providing vehicular access to and between parking areas for more than two parking spaces within a land development; any drive servicing two or more units of occupancy on a single lot. (See also "driveway.")
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building. Accessory uses include, but are not limited to, such uses as fences and walls, swimming pools, detached storage sheds, detached garages, tennis courts, etc.
ACT
The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, December 21, 1988, P.L. 1329, No. 170 et seq., as amended from time to time.[1]
ADULT-RELATED FACILITY
An establishment which engages in one or more of the following areas of sales, services or entertainment:
(1) 
Adult bookstore: Any establishment or place:
(a) 
Which has a substantial or significant portion of its stock-in-trade consisting of the following items:
[1] 
Books, magazines or other periodicals, films or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas; and/or
[2] 
Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct; and/or
(b) 
To which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images, with or without sound, where the images so displayed are distinguished or characterized by an emphasis on depiction, description or display of sexual activities or conduct or uncovered male or female genital areas.
(2) 
Adult theater: Any theater, auditorium, or other place of assembly:
(a) 
Presenting any form of audio and/or visual material and in which a substantial portion of the total presentation time measured over any consecutive twelve-month period is or will be devoted to the showing of material which is distinguished or characterized by emphasis on depiction, description or display of sexual activities or uncovered male or female genital areas; or
(b) 
Featuring live performances on a regular basis which are distinguished or characterized by emphasis on depiction, description or display of sexual activities or by exposure of uncovered male or female genital areas for observations by patrons.
(3) 
Massage establishment: Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist licensed by the commonwealth, or a practitioner of therapeutic massage who is a member of the Associated Bodywork and Massage Professionals or similar nationally recognized organization. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(4) 
Other adult-oriented retail, commercial service or entertainment establishment: Any other establishment which primarily offers its patrons or members retail goods, commercial services, or entertainment which is characterized by an emphasis on matter or activities relating to, depicting, describing, or displaying sexual activity or conduct or uncovered male or female genital areas.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in commercial production and preparation for market of crops, livestock, etc. The term includes activities that are consistent with the practices and procedures that are normally engaged in by farmers or are consistent with technological development.
AGRICULTURAL PRODUCTION
The production for commercial purposes of crops, livestock and livestock products, including the processing or retail marketing of such crops, livestock or livestock products if more than 50% of such processed or merchandised products are produced by the farm operator.
AGRICULTURE
The production, keeping or raising, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forage and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; horticulture, including fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, gardening and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ALTERATION
Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls. Any renovation to a building which would change its use.
AMUSEMENT ARCADE
An establishment which provides, as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeetball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or fewer such devices as an accessory use.
ANIMAL, DOMESTIC
Any dog, cat, equine animal, bovine animal, sheep, goat, or porcine (swine) animal.
ANIMAL, EXOTIC
Members of the family Felidae, except those species commonly called house cats, and members of the family Canidae, except those licensed by the Pennsylvania Department of Agriculture. Exotic animals shall also include all nonnative animals, but excepting small animals and birds customarily kept as house pets.
ANIMAL HOSPITAL
Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.
ANIMAL, WILD
All animals falling into one of the following categories as defined by Title 34 of the Pennsylvania Game and Wildlife Code:
(1) 
BIG GAMEElk, deer, bear and wild turkey.
(2) 
FURBEARERBadger, fisher, mink, muskrat, opossum, otter, pine marten, striped and spotted skunk, beaver, raccoon, all weasels, red and gray foxes, and bobcat.
(3) 
GAME ANIMALSElk, deer, bear, cottontail, snowshoe hare, red, gray and fox squirrels.
(4) 
GAME BIRDSGeese, brant, wild ducks, mergansers and swans, coots, gallinules, rails, snipe, woodcock, turkeys, grouse, pheasants, Hungarian partridges, bobwhite quail, and mourning doves.
ANIMAL UNIT (ANIMAL EQUIVALENT UNIT)
One thousand pounds liveweight of livestock or poultry animals, regardless of the actual number of animals comprising the unit as defined by the Pennsylvania Nutrient Management Act.[2]
ANTENNA HEIGHT
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
APARTMENT
Any dwelling unit which is located within a single structure along with at least one other dwelling unit or with a nonresidential use, each having a separate location within such structure.
APARTMENT, CONVERSION
A multifamily dwelling constructed by converting an existing building into independent dwelling units for more than one family, without substantially altering the exterior of the building.
APARTMENT HOUSE or APARTMENT BUILDING
A detached building consisting of three or more dwelling units.
AUTOMOBILE FILLING STATION
Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.
AUTOMOBILE SALES
Any building or land devoted to the retail sales of passenger vehicles, including accessory service and repair facilities if conducted within a wholly enclosed building.
AUTOMOBILE SERVICE
The retail repair, servicing, maintenance and reconstruction of passenger vehicles, but not including car washes per se.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year (one-hundred-year flood).
BASE FLOOD ELEVATION
The projected flood height of the base flood.
BED-AND-BREAKFAST
A single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.
BEEKEEPING
The raising or keeping of bees within a man-made box (beehive) for hobby or business purposes.
BILLBOARD
An off-premises, permanent sign that directs attention to a product, service, business or cause.
BOARD
The Zoning Hearing Board of Elizabeth Township.
BOARDINGHOUSE
A building or portion thereof arranged or used for sheltering or feeding, or both, as a gainful business, more than five and not more than 10 individuals who do not constitute a family, but excluding criminals, halfway houses, and homes for the elderly in need of medical care.
BUFFER AREA
A landscaped area intended to be used as a means of limiting the effects created by a use on adjoining properties, streets and uses.
BUILDING
Any structure with a roof intended for shelter or enclosure of persons, animals or property.
(1) 
Detached: a building that has no party wall.
(2) 
Semidetached: a building that has only one party wall in common.
(3) 
Attached: a building that has two or more party walls in common.
BUILDING, ACCESSORY
A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building.
BUILDING AREA
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
BUILDING, FARM
A building for agricultural uses, namely, barns, poultry houses, corncribs, silos, and other similar farm structures.
BUILDING HEIGHT
A building's vertical measurement from the mean level of the ground abutting the building to the highest point of the roof.
BUILDING LINE
The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUILDING, PRINCIPAL
A building which is enclosed within exterior walls or fire walls, built, erected, and framed of component structural parts, designed for housing, shelter, enclosure, and support of individuals, and is the main structure on a given lot.
CAMPGROUND
A lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.
CAMPSITES
A plot of ground within a campground intended for occupation by a recreational vehicle or tent.
CELL SITE
A commercial communications antenna site occupied by a cellular telephone antenna and accessory facilities.
CEMETERY
Land used or intended to be used for the burial of the deceased, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that confine and conduct continuously or periodically flowing water.
CHURCH AND RELATED USES
A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and other church-related residences. This definition shall not include commercial schools.
CLUB, PRIVATE
An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes, provided that there are not conducted any vending stands, merchandising or commercial activities except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs.
CLUSTER DEVELOPMENT
A form of development that permits a reduction in lot area and bulk requirements, provided that there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture.
COLUMBARIUM
A structure of vaults for cinerary (crematory) urns.
COMMERCIAL RECREATION FACILITY
See "recreation facility."
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
CONDITIONAL USE
A use which may not be 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 criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 185-122 of this chapter.
CONSERVATION DISTRICT
The Lancaster County Conservation District or any entity successor thereto.
[Added 3-21-2016 by Ord. No. 2016-1]
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches and other freshly prepared foods for off-site consumption, and other goods commonly associated with the same.
CREMATORIUM
an establishment containing a crematory furnace.
CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS
Crops, livestock and livestock products shall include but are not limited to the following:
(1) 
Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
(2) 
Fruits, including apples, peaches, grapes, cherries and berries.
(3) 
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms.
(4) 
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
(5) 
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, fur- bearing animals, milk, eggs and furs.
(6) 
Timber, wood and other wood products derived from trees.
(7) 
Aquatic plants and animals and their byproducts.
DAY-CARE FACILITY, CHILD OR ADULT
(1) 
Any dwelling, building, or portion thereof, including any on-site outdoor play area, where regularly scheduled child or adult day-care services other than the following are provided. Where applicable, said facility shall be licensed by the Commonwealth of Pennsylvania and shall not provide overnight accommodations.
(a) 
The temporary or occasional care of any number of children or adults not related to the person giving care, which takes place at the home of the person giving care.
(b) 
The temporary or occasional care of any number of children or adults not related to the person giving care, which takes place at the home of the person receiving care.
(2) 
Child and adult day-care facilities shall be further differentiated by the following two classifications:
(a) 
DAY-CARE FACILITYA facility which provides care for:
[1] 
A combined total of seven or more children or adults per day, where the child or adult care areas are being used as a family residence; or
[2] 
Any number of children or adults per day, where the child or adult care areas are not being used as a family residence.
(b) 
FAMILY DAY-CARE HOMEAny premises or dwelling unit, other than the home of the child or adult being provided care, where the day-care areas are being used as a family residence, operated for profit or not for profit, in which day care is provided at any one time to up to six nondependent children or adults per day.
DCED
The Pennsylvania Department of Community and Economic Development or any agency successor thereto.
[Added 3-21-2016 by Ord. No. 2016-1]
DECISION
The final adjudication of the Zoning Hearing Board and the Board of Supervisors for cases under its jurisdiction as identified in § 185-113 of this chapter. Appeals from a decision go directly to the Court of Common Pleas.
DEDICATION —
The deliberate appropriation of land by its owner for general public use.
DEED
A written instrument whereby an estate in real property is conveyed.
DEED RESTRICTION
A restriction upon the use of a property placed in a deed.
DENSITY
A term used to express the allowable number of dwelling units per acre of land.
(1) 
Density, net: the number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, streets, sidewalks, parks, playgrounds, common open spaces, floodplains or wetlands.
(2) 
Density, gross: the number of dwelling units in relation to an area of land actually in use or proposed to be used for residential purposes, exclusive of exterior public rights-of-way.
DETERMINATION
(1) 
A final action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(a) 
The governing body:
(b) 
The Zoning Hearing Board; or
(c) 
The planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance or planned residential development provisions.
(2) 
Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets or other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee, allowing the use of private land for stormwater management purposes.
DRIVEWAY
A private drive providing vehicular access between a street or access drive and a parking area for a single residential unit of occupancy or a private drive for nonresidential uses permitted to provide less than three parking spaces. (See also "access drive.")
DWELLING
Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boardinghouses, rooming houses and lodging houses, institutional houses, tourists courts, and the like, offering overnight accommodations for guests or patients. All dwellings shall be properly connected to approved and permanently designed sewer, water, electrical and other utility systems.
(1) 
Single-family detached: a freestanding building containing one dwelling unit for one family, and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have two front yards and one side and rear yard. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling.
(2) 
Duplex (two-family; single-family semidetached): a freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard.
(3) 
Multiple family: a building containing three or more dwelling units, at least one of which must be located above or below the remaining units.
(4) 
Townhouse: a building containing between three and eight dwelling units arranged in a side-by-side configuration with one or more common party walls.
DWELLING UNIT
A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.
EARTHMOVING ACTIVITY
Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth, but excluding the tilling of the soil.
EASEMENT
A right granted by a landowner to a grantee, allowing for limited use of private land for a public or quasi-public or private purpose and with which the landowner of the property shall not have the right to make use of the land in a manner that violates the right of the grantee.
ECHO HOUSING
An additional dwelling unit placed on a property for occupancy by either an elderly, handicapped, or disabled person related by blood, marriage, or adoption to the occupants of the principal dwelling.
EXISTING
For the purposes of this chapter, "existing" shall mean in existence on the effective date of this chapter (October 1, 2003), unless another date is indicated.
FAMILY
For the purposes of this chapter, a family shall be defined as follows:
(1) 
Two or more persons related by blood (within and including the degree of first cousin), marriage or adoption, including foster children, living together in a single housekeeping unit and sharing all of the facilities of that unit in common;
(2) 
Not more than two unrelated persons, persons related to either or both of them by blood (within and including the degree of first cousin) or adoption, and including foster children; provided, however, that they live together in a single housekeeping unit and share all of the facilities of that unit in common; or
(3) 
One or more individuals with disabilities, as defined and protected by the Federal Fair Housing Act, as amended, who live together primarily for purposes relating to their disabilities as the functional equivalent of a family in a shared living arrangement licensed or certified by the appropriate county, commonwealth or federal agency.
FARM
Any parcel of land of at least 10 acres in size which is used principally for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures, farm dwellings and the storage of equipment customarily incidental to the primary use.
FARM DWELLING
A dwelling unit occupied by the farm owner, whether or not he/she is farming the land, or by permanently employed persons and their families who receive housing in lieu of all or part of their wages.
FARM DWELLING, ACCESSORY
An accessory farm dwelling is a second dwelling having as its occupant(s) an owner or one or more full-time laborers (or any family member thereof) on the farm.
FARM OCCUPATION
An accessory use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the farm.
FEMA
The Federal Emergency Management Agency or any agency successor thereto.
[Added 3-21-2016 by Ord. No. 2016-1]
FINANCIAL INSTITUTION
A bank, savings-and-loan association, credit union, finance or loan company, etc.[3]
FLOODPLAIN
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPLAIN AREA, IDENTIFIED
The floodplain area specifically included in this chapter as being inundated by the one-hundred-year flood. Included would be areas identified as "floodway," "flood fringe" and "general floodplain."[4]
FLOOR AREA, GROSS (GLA)
The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.
FLOOR AREA, HABITABLE
The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.
FUNERAL HOME
A principal use for the preparation and viewing of the dead prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, or entombments but do include mortuaries and crematoria.
GARAGE, PRIVATE
An enclosed or covered space for the storage of one or more vehicles or vessels, provided that no business, occupation, or service is conducted for profit therein and no more than one space therein for a vehicle or vessel is leased to a nonresident of the premises.
GARAGE, PUBLIC
Any structure, other than a private garage, that is used for the storage, repair, rental, servicing or supplying of gasoline or oil for motor vehicles for compensation.
GREENHOUSE
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GREENHOUSE, COMMERCIAL
A greenhouse which is part of a retail sales operation for the sale of plants and related equipment and supplies.
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, for agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
HAZARDOUS WASTE FACILITY
Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.
HEALTH AND RECREATION FACILITY
A facility that offers active recreational and/or fitness activities. Such facilities do not include golf courses.
HEAVY COMMERCIAL USE
A commercial use with a predominantly manufacturing or industrial character due to the extent of production, repairing, or storing of goods, such as contractor's yards, or storage tanks.
HEAVY INDUSTRIAL USE
See "heavy industrial use" under "industrial use."
HEIGHT, BUILDING
A building's vertical measurement from the mean level of the ground abutting the building to the highest point of the roof.
HEIGHT, STRUCTURE
A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; or
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
HOME BUSINESS
An occupation, profession, activity or use conducted within a single-family detached dwelling unit or existing accessory building by the residents thereof and not more than two nonresident employees. Home business uses are intended to be of a service nature and may involve the incidental purchase and/or sale of goods on the premises. The use shall be clearly incidental and secondary to the use of the dwelling unit for dwelling purposes, and the exterior appearance of the structure and premises shall remain residential in character. There shall be no external evidence of the home business except a permitted sign, and the use shall cause no offensive noise, vibration, smoke, dust, odor, heat or glare. Since the use may be of such nature that may require regular visits by customers and/or deliveries, adequate off-street parking space shall be required in addition to the spaces required for the residential use.
HOME OCCUPATION
A no-impact home-based business which is a business or commercial activity administered or conducted as an accessory use, which is clearly and secondary to the use as a residential dwelling and which involves neither customer, client, or patient traffic, nor pickup, delivery, or removal functions, in excess of those normally associated with residential use. The use shall be of such nature that will not require regular visits by customers and/or deliveries, and the use shall cause no offensive noise, vibration, smoke, dust, odor, heat or glare.
HORTICULTURE
The growing of fruit, vegetables, flowers, ornamental plants, or trees for a profit.
HOSPITAL
A place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care.
HOTEL
An establishment which is open to transient guests and in which lodging with or without meals is offered for compensation and in which there are sleeping accommodations for more than 10 individuals.
IMPERVIOUS MATERIAL
Any substance placed on a lot which covers the surface in such a fashion as to prevent natural absorption of surface water by the earth. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved and gravel driveways and parking areas, swimming pools and other nonporous structures or materials.
INDUSTRIAL USE
(1) 
HEAVY INDUSTRIAL USEManufacturing, processing, packaging, sales, storage and wholesaling of products, which, because of their shipping, storage, noise, dust, odors, hours of operations and other requirements, should not be located in close proximity to residential areas. Examples include foundries, steel fabrication and mills, large-scale manufacturing or processing operations, paver plants, breweries, pickling processes, rendering or slaughtering operations, refineries, solid waste disposal or processing, truck or motor freight terminals, concrete/asphalt plants, etc.
(2) 
LIGHT INDUSTRIAL USEManufacturing, processing, packaging, sales, storage and wholesaling of products which are characterized by smaller scaled and nonintrusive operations that can be compatible with neighboring residential and other uses. Examples include farm machinery sales, contractor, printing, small-engine repair and machine shops, lumberyard and building supplies and other small-scale industrial uses, etc.
INTENSIVE AGRICULTURAL OPERATION
Any agricultural animal or poultry operation which would be considered a concentrated animal operation or a concentrated animal feeding operation under the Pennsylvania Nutrient and Odor Management Act[5] or the regulations promulgated under such statute.
[Amended 3-8-2010 by Ord. No. 2010-1]
INTERIOR DRIVE
Any on-site vehicular movement lane(s) that are associated with a use other than a single-family dwelling.
JUNK
Any discarded materials or articles, including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, tires, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.
JUNKYARD
Any unlicensed place where junk, as herein defined, is stored, accumulated, or disposed of. (See "salvage yard.") The deposit or storage on a lot (other than in a licensed salvage yard) of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard." (A "disabled vehicle" is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that is required to and does not have a valid current registration plate or a certificate of inspection which is more than 60 days beyond the expiration date.) Unlicensed vehicles and equipment routinely used in agricultural operations and/or construction operations on the property on which they are parked or stored shall not constitute a junkyard.
KENNEL
A structure on any lot on which animals (except livestock, horses, or poultry) are kept, boarded, raised, bred, treated, or trained for a fee, including but not limited to dog or cat kennels.
LAND DEVELOPMENT
(1) 
Any of the following activities:
(a) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
[1] 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
[2] 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
(b) 
A subdivision of land.
(c) 
Except as provided below, development in accordance with Section 503(1.1) of the Municipalities Planning Code.[6]
(2) 
"Land development" shall not include the following:
(a) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(b) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(c) 
The addition or conversion of buildings or rides within the confines of an enterprise that would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land, shall be deemed to be a landowner for the purposes of this chapter.
LANDSCAPE STRIP
See "buffer area."
LANDSCAPING
Landscaping shall include, but not be limited to, grass and other plantings such as trees, shrubs, and bushes and may also include mulch and/or decorative stone.
LANE
A private access and/or a vehicular drive exclusively serving agricultural production, horticultural and/or forestry related activities and farm occupations.
LIVESTOCK
Any living creature maintained for commercial use or profit but not maintained as a pet.
LOADING SPACE
An off-street space or area suitable for the loading or unloading of goods and having direct usable access to a street or alley.
LOT
A parcel of land separately described by a metes and bounds description which is recorded in the Office of the Recorder of Deeds of Lancaster County by deed description or is described by an approved subdivision plan recorded in the Office of the Recorder of Deeds of Lancaster County.
(1) 
LOT, CORNERA lot at the point of intersection of and abutting two or more intersecting streets and which has an interior angle of less than 135º at the inter of the two street lines. Front yards are required on all street frontages. One yard other than a front yard shall be deemed a rear yard, and the other, or others, side yards.
(2) 
LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.
(3) 
LOT, INTERIORA lot, other than a corner lot, the sides of which do not abut a street.
(4) 
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT AREA
The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.
LOT COVERAGE
A percentage of the lot area which may be covered with all impervious materials.
LOT DEPTH
The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and through lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.
LOT WIDTH
The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line. Unless otherwise specified, lot width shall be measured at the actual building setback line and shall parallel the street line even if it is curvilinear.
MAINTENANCE GUARANTEE
Financial security filed by the developer with the Township to secure structural integrity of all required improvements as well as the functioning of said improvements for an initial period of time.
MANURE
The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITIES
A detached structure or other improvement built to store manure for future use or disposal. Types of storage facilities are as follows: underground storage, inground storage, trench silo, earthen bank, stacking area, and aboveground storage.
MAUSOLEUM
A building for entombment of the dead above ground.
MEDICAL OR DENTAL CLINIC
Any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.
MINERALS
The term includes, but is not limited to, any aggregate, earth, fill, coal, oil, and natural gas.
MINI WAREHOUSE
A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage, and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.
MIXED USE
Occupancy of a building or land for a commercial and an accessory residential use.
MOBILE HOME
Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 185-83 of this chapter. Mobile homes placed on individual lots shall be considered single-family-detached dwellings and be bound by the requirements there imposed. For the purposes of § 185-22 of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.
MOTEL
A hotel primarily for transients traveling by motor vehicles with a parking space for each lodging unit and with access to each unit directly from the outside.
MUNICIPAL USE
Any use owned or operated by the Township or an authority created by the Township or under contract to the Township.
MUSEUM
A facility for the public display of items, materials, or information that is related to some historic, educational, cultural, or scientific purpose. Museums can include related accessory uses (e.g., restaurant, gift shop, etc.) so long as these remain incidental to the primary museum use. Museums can be operated as a business but shall not involve the retail sales of museum displays.
NIGHTCLUB
Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for the on-site consumption of food. Additionally, nightclubs can offer the retail sale of carryout beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in Chapter 185, Zoning, or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in Chapter 185, Zoning, or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
NONCONFORMITY, DIMENSIONAL
Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.
NORMAL FARMING OPERATIONS
The customary and generally accepted activities, practices, and procedures that farmers adopt, use, or engage in year after year in the production and preparation for market of crops, livestock and livestock products and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities.
NURSING, REST OR RETIREMENT HOMES
Facilities designed for the housing, boarding, and dining associated with some level of nursing care.[7]
OFFICE
A place where the primary use is conducting the affairs of a business, profession, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.[8]
ON-SITE SEWER SERVICE
The disposal of sewage by use of septic tanks or other safe and healthful means within the confines of the lot on which the use is located as approved by the PADEP.
ON-SITE WATER SERVICE
A safe, adequate and healthful supply of water to a single user from a private well.
PADEP
Pennsylvania Department of Environmental Protection.
PARENT TRACT
When used in determining the permissible number of lots which may be subdivided or dwellings or other principal nonagricultural uses which may be erected in the Agricultural Zone (A), all contiguous land held in single and separate ownership, regardless of whether such land 1) is divided into one or more lots, parcels, purparts or tracts; 2) was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; or 3) is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title on July 20, 1976, or, if such land was not classified as the (A) Agricultural Zone on July 20, 1976, which was held by the landowner or his predecessor in title on the date such land was first classified as (A) Agricultural Zone after July 20, 1976.
[Amended 8-11-2008 by Ord. No. 2008-2]
PARKING COMPOUND
An open lot where passenger vehicles may be stored for short-term, daily or overnight off-street parking, and connected to a street by an access drive.
PARKING LOT
An accessory use in which required and additional parking spaces are provided subject to the requirements listed in § 185-38 of this chapter.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.
PARKS, PUBLIC
Those facilities designed and used for recreation purposes by the general public and owned and or operated by a governmental body This definition is meant to include the widest range of recreational activities, excluding adult entertainment uses, and amusement arcades.
PENNDOT
Pennsylvania Department of Transportation
PERSON
An individual, corporation, partnership, association, estate, trust, or other legally recognized entity, and the officers of such corporation or the members of such partnership or association.
PLANNED CENTER
A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs" as regulated herein.
PLANNING COMMISSION
The Planning Commission of Elizabeth Township.
PREMISES
The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:
(1) 
Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.
(2) 
Any land that is used for, or devoted to, a separate purpose unrelated to the advertised activity.
(3) 
Any land which is in closer proximity to the highway than to the principal activity and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.
PRESERVATION or PROTECTION
Conservation and safeguards of natural and historic resources. Not to be interpreted to authorize the unreasonable restriction of forestry, mining, or other lawful uses of natural resources.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of the first, second, and third class as defined by the U.S. Department of Agriculture.
PRINCIPAL USE
See "use, principal."[9]
PUBLIC
Owned, operated, or controlled by a governmental agency (federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Board of Education).
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action on zoning-related matters.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (65 Pa.C.S.A. § 701 et seq.), known as the "Sunshine Act."
PUBLIC SEWER
A municipal sanitary sewer or a comparable common or package sanitary facility approved and permitted by the PADEP. Such systems are capable of serving multiple users.
PUBLIC USES
Includes public and semipublic uses that are specifically established to offer some public welfare, health, safety or recreation services to the residents, businesses and landowners of Elizabeth Township. Such uses can include parks, fire stations, municipal buildings and garages, etc. Churches and schools are not included in this definition.
PUBLIC UTILITIES
Use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.
PUBLIC WATER
A municipal water supply system, or a comparable common water facility approved and permitted by the PADEP. Such systems are capable of serving multiple users.
RECREATION FACILITY
A facility, open to the public, for the purpose of public recreation or entertainment, including, but not limited to, bowling alleys, drive-in motion-picture facilities, swimming pools, miniature golf courses, museums, etc. This does not include adult-related uses or amusement arcades, as defined herein.
RECYCLING CENTER
Any facility that is involved in the recycling of paper, plastic, glass, and metal products, including the collection and storage of such materials on site following recycling.
RECYCLING COLLECTION FACILITY
An accessory use which serves as a collection point for the temporary storage of refuse items, such as, but not limited to, bottles, cans, plastics, and newspapers, from which resources are recovered at another location.
RECYCLING PLANT
A facility that is not a junkyard or a salvage yard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glassware, metal cans, plastics, and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.[10]
REPORT
A written document such as a letter, review, or memorandum made by any body, board, officer, or consultant other than a solicitor for the purpose of rendering a decision or a determination. All reports are deemed recommendatory and advisory only.
RESIDENTIAL ZONE
Includes all zoning districts where a residential use is a permitted use.
RESTAURANT
An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.
RESTAURANT – DRIVE-THROUGH OR FAST-FOOD
An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off of the site.
RETAIL STORE/SALES
Retail stores are those businesses whose primary activities involve the display and retail sales of goods and products. This term shall not include adult-related facilities as defined herein.
RIDING CLUB
An establishment where horses are kept, bred, trained and/or exercised and where equestrian instruction and equestrian competition may be offered, including but not limited to polo clubs, public show rings and rodeos.
RIDING STABLE
An establishment where horses are kept, bred, trained and/or exercised and where equestrian instruction may be offered, but excluding riding clubs.
RIGHT-OF-WAY
A corridor of publicly owned land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including, but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")
SALVAGE YARD
A lot, land or structure, or part thereof, properly licensed by the Commonwealth of Pennsylvania, which is used primarily for the collecting, storage and sale of waste paper, rags, scrap metal, building materials, house furnishings, machinery, vehicles, or parts thereof, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof (see "junkyard.")
SATELLITE DISH ANTENNA
A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs," and "satellite microwave antennas."
SCHOOL
A principal use in which supervised education and/or instruction is offered.
SCREENING
The use of plant or landscaping materials, fencing, walls and/or earthen berms to aid in the concealment of one element of a use or property from other elements or from adjacent or contiguous development.
SETBACK
The minimum required horizontal distance between a setback line and a property or street line.
(1) 
SETBACK, FRONTThe distance between the street right-of-way line and the front setback line projected the full width of the lot. Commonly called "required front yard."
(2) 
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
(3) 
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
SETBACK LINE
A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.
SHOOTING RANGE
A place where members of the public, for a fee or by invitation, can discharge firearms for recreation, competition, skill development and training. For the purpose of this chapter, a firearm shall include any instrument that uses a propelling charge to move a projectile (e.g., rifle, gun, shotgun, pistol, air gun, or archery). A shooting range does not include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.
SHOPPING CENTER
A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.
SIGN
A structure or other outdoor surface or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public or to display, identify and publicize the name and product or service of an individual, business, organization, or institution. Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention from outside the building or structure to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. A sign shall not include flags or other insignia of any government, fraternal, or similar organization.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter, or an amendment thereto, and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance.
[Added 5-27-2020 by Ord. No. 2020-01]
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
SPECIAL EXCEPTION
A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 185-113C of this chapter.
STOCKYARDS
An industrial use whereby livestock are imported to, stored upon and exported alive from the site. In no case shall any slaughtering or rendering operations be permitted.
STORAGE
A function involving the deposition of materials, goods and/or products for safekeeping.
STORY
That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.
STREET
A public or private right-of-way which includes street, avenue, boulevard, road, highway, freeway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic and/or pedestrians, whether public or private.
STREET CENTER LINE
The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.
STREET LINE (RIGHT-OF-WAY LINE)
A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.
STRUCTURE
(1) 
Any man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
(a) 
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
(b) 
STRUCTURE, PRINCIPALA structure associated with a primary use.
(2) 
Structures shall not include such things as fences, sandboxes, decorative fountains, swingsets, birdhouses, birdfeeders, mailboxes, and any other similar nonpermanent improvements.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
SWIMMING POOL
Any pool, 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.
TAVERN
An establishment that serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted.
TOWNSHIP
Elizabeth Township.
TRAVEL TRAILER
A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a travel trailer:
(1) 
The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway;
(2) 
The unit is mounted or designed to be mounted on wheels;
(3) 
The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck;
(4) 
The unit contains, or was designed to contain, temporary storage of water and sewage; and
(5) 
The unit contains some identification by the manufacturer as a travel trailer.
TWO-FAMILY CONVERSIONS
The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.
USE
The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.
(1) 
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
(2) 
USE, PRINCIPALThe main or primary use of property or structures.
USE AND OCCUPANCY PERMIT
A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning permit and Chapter 185, Zoning.
VARIANCE
A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.
VETERINARIAN'S OFFICE
A building used primarily for the treatment, by a veterinarian, of all types of animals. No outdoor boarding of animals is permitted.
WATERCOURSE
A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.
WECS UNIT
Shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.
WIND ENERGY CONVERSION SYSTEM (WECS)
Any device which converts wind energy to mechanical or electrical energy.
YARD
An area between the permitted structures and the property lines.
(1) 
YARD, FRONTThe area contained between the street right-of-way line and the principal structure.
(2) 
YARD, REARThe area contained between the rear property line and principal structure.
(3) 
YARD, SIDEThe area(s) between the principal structure and any side lot line(s).
ZONING
The designation of specified districts within a community or township, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements.
ZONING OFFICER
The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.
ZONING PERMIT
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 zone in which it is to be located.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See now § 3 Pa.C.S.A. § 501 et seq.
[3]
Editor's Note: The former definition of "flood," which immediately followed this definition was repealed 5-9-2005 by Ord. No. 2005-2.
[4]
Editor's Note: The former definitions of "floodproofing," "floodway" and "flood elevation," which immediately followed this definition were repealed 5-9-2005 by Ord. No. 2005-2.
[5]
Editor's Note: See 3 Pa. C.S.A. § 501 et seq.
[6]
Editor's Note: See § 53 P.S. 10503(1.1).
[7]
Editor's Note: The former definition of “obstruction," which immediately followed this definition was repealed 5-9-2005 by Ord. No. 2005-2.
[8]
Editor's Note: The former definition of "one-hundred-year flood," which immediately followed this definition was repealed 5-9-2005 by Ord. No. 2005-2.
[9]
Editor's Note: See the definition of "use,” under which the definition of "use, principal" falls.
[10]
Editor's Note: The former definition of "regulatory flood elevation," which immediately followed this definition, was repealed 5-9-2005 by Ord. No. 2005-2.