This is an ordinance permitting, prohibiting, regulating, restricting and determining the uses of land watercourses and other bodies of water, the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; the areas and dimensions of land and bodies of water to be occupied by uses and structure as well as courts, yards and other open spaces and distances to be left unoccupied by uses and structures; the density of population and intensity of use; and providing for the administration of such ordinance.
This chapter shall be known and may be cited as the "Washington Township Zoning Ordinance."
This chapter is enacted for the following purposes:
A. 
To promote, protect and facilitate any or all of the following:
(1) 
The public health, safety, morals, and the general welfare;
(2) 
Coordinated and practical community development;
(3) 
Proper density of population;
(4) 
Emergency management preparedness and operations;
(5) 
Provisions of adequate light and air;
(6) 
Access to incident solar energy;
(7) 
Police protection;
(8) 
Vehicle parking and loading space;
(9) 
Transportation, sewerage, schools, recreational and public facilities;
(10) 
The provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural or industrial use, and other public requirements;
(11) 
Preservation of the natural, scenic and historic value in our environment;
(12) 
Preservation of forests, agricultural, wetlands, aquifers and floodplains.
B. 
To prevent one or more of the following: overcrowding of land, urban sprawl, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. This chapter is made in accordance with an overall program, and with consideration for the character of the municipality, its various parts and the suitability of the various parts for particular uses and structures.
The community development objectives, pursuant to which this chapter is adopted, as set forth in the Washington Township 1999 Comprehensive Plan, and are as follows:
A. 
To provide a comprehensive land use plan that meets the current and projected future residential, commercial and industrial needs of the Township, while at the same time preserving our prime agricultural and forest lands.
B. 
To encourage growth primarily in areas where public utilities (sewer and water) are currently available and the roadway network is adequate to handle the increase traffic flow.
C. 
To discourage development in our agricultural and forested areas.
D. 
To develop an adequate highway network to meet the future needs of the Township.
E. 
To provide locations for multifamily housing units which will not adversely affect the current predominant housing unit within the Township, the single-family home, and to discourage future multifamily units from locating in current single-family home neighborhoods.
F. 
Business and industry, the Township's major employers, should be encouraged to develop, so that they are good neighbors to adjoining residential, agricultural or recreational areas and sufficient land area should be made available for such uses.
G. 
To provide for the recreational and community facility needs of the Township.
A. 
Word usage.
(1) 
The following words are defined in order to facilitate the interpretation of this chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board.
(2) 
Unless otherwise expressly stated, the following words shall, for the purposes of this chapter have the meaning herein indicated.
(3) 
Words used in the present tense include the future tense.
(4) 
The singular includes the plural.
(5) 
The word "person" includes a corporation and/or partnership as well as an individual.
(6) 
The word "lot" includes the word plot or parcel.
(7) 
The term "shall" is always mandatory.
(8) 
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(9) 
"Municipality" shall mean the Township of Washington, Franklin County, Pennsylvania.
(10) 
"Governing body" shall mean the Board of Supervisors of the Township of Washington.
(11) 
If any term is not defined in this chapter but is specifically defined in Chapter 310, Subdivision and Land Development, of the Washington Township Code, then the definition found in Chapter 310 shall apply.
[Added 12-21-2020 by Ord. No. 280]
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESS DRIVE
A paved or unpaved surface, other than a street, which provides vehicular access from a street or private road to any lot except a residential lot.
ACCESSORY BUILDING
A building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use of the main building and located on the same lot with such principal use or main building.
ACT
As used in this chapter, refers to the Pennsylvania Municipalities Planning Code, the Act of July 31, 1968, P.L. 805, No. 247, as amended; 53 P.S. § 10101 et. seq.
ADULT BOOK STORE
An establishment or business having as a substantial or significant part of its stock-in-trade, books, magazines, photographs, pictures and other periodicals or paraphernalia which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein).
ADULT DRIVE-IN MOTION PICTURE THEATER
An outdoor establishment used for presenting motion pictures films distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity for less than 50 persons used for presenting motion picture films distinguished or characterized by an emphasis or matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons used for presenting motion picture films distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
AGRICULTURAL
The tilling of the soil, the raising of crops, horticulture, animal husbandry, and gardening.
ALLEY
A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS
As applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
AMENDMENT
A change in use in a district which includes revisions to the zoning text or the official zoning map. The authority for any amendment lies solely with the Township Board of Supervisors.
ANIMAL HOSPITAL
A building used for the treatment, housing, or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
APARTMENT, CONVERSION
A multifamily dwelling constructed by converting an existing building into apartments for more than one family, without substantially altering the exterior of the building.
APARTMENT HOUSE
A building occupied by three or more dwelling units; a townhouse or garden apartment.
AREA, BUILDING
The total area taken on a horizontal plane at the level of the ground surrounding the main building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
AUTOMOBILE
A self-propelled, free-moving vehicle, primarily for conveyance on a street or roadway.
AUTOMOBILE BODY SHOP
A building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles for conveyance.
AUTOMOBILE GARAGE, PRIVATE
An accessory building for the storage of one or more automobiles and/or other/vehicles accessory and incidental to the primary use of the premises, provided that no business, occupation, or service is conducted therein nor space therein for more than one automobile is leased to a nonoccupant of the premises.
AUTOMOBILE GARAGE, PUBLIC
A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental servicing, or supplying of gasoline or oil to automobiles, trucks, or similar motor vehicles.[1]
AUTOMOBILE OR GASOLINE SERVICE STATION
A building on a lot or part thereof, that is used primarily for the retail sale of gasoline, oil, other fuel, and which may include facilities used for polishing, greasing, washing, dry cleaning, or otherwise cleaning or servicing automobiles and other vehicles.
AUTOMOBILE AND/OR TRAILER SALES LOT
An open lot, used for the outdoor display or sales of new or used automobiles or trailers, and may include a building where minor and incidental repair work (other than body and fender) may be done.
AUTOMOBILE, TRAILER, MOTOR HOME, AND/ OR MANUFACTURED HOME SALES GARAGE
A building on a lot designed and used primarily for the display or sale of new and used cars, trailers, motor homes, and/or manufactured homes where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.
[Added 12-21-2020 by Ord. No. 280]
BASEMENT
A story partly underground but having 1/2 or more of its height above the average level of the adjoining ground.
BED-AND-BREAKFAST
In areas where permitted, a dwelling used as a residence which also offers lodging overnight and normally a morning meal. These dwellings shall have no more than six rooms for overnight guests, not including the rooms used by the owners and their immediate family. Meals other than breakfast may be served when requested, and only to individuals who are staying at the facility overnight. Rooms may not be rented out on a permanent or extended basis or used as apartments.
BOARDING HOUSE
A building where, for compensation, provisions are made for lodging for at least three but not more than 15 persons. Meals may or may not be included.
BUFFER YARD
An open, unoccupied space in addition to district setbacks, where required by this chapter. Buffer yards shall consist of grass, trees, shrubs, walkways, and low-level lighting, but may not have private driveways, parking areas, fences, walls, structures, storage areas, loading or unloading docks, or streets. Access drives may cross a buffer yard.
BUILDING
Any structure on a lot, having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels, and including covered porches, bay windows, chimneys, greenhouse, or sheds and accessory structures not set on a permanent foundation.
[Amended 1-20-2014 by Ord. No. 246]
BUILDING, DETACHED
A building surrounded by open space on the same lot.
[2]
BUILDING, LINE
A line parallel to the front, side, or rear lot line so as to provide the required yard.
CAMP GROUND
A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary, or seasonal nature, a travel trailer camp or travel trailer court.
CAR WASH/VEHICLE WASH
A building on a lot, designed and used primarily for the washing and polishing of automobiles and other vehicles and which may provide accessory services as set forth herein for automobile service stations.
CARPORT
An accessory building open on two or more sides which may be attached to the main building and used for storing one or more automobiles.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the required number of stories.
CHICKEN
Poultry or fowl of the species Gallus gallus domesticus/G. gallus domesticus. The species includes many different breeds of chicken.
[Added 1-20-2014 by Ord. No. 246]
CHICKEN COOP
A structure for sheltering of female chickens (pullets or hens). An existing accessory structure may be used for this purpose.
[Added 1-20-2014 by Ord. No. 246]
CHICKEN PEN
An enclosure that is connected to or surrounds a chicken coop.
[Added 1-20-2014 by Ord. No. 246]
COLLECTOR STREET
A roadway classified in the Township Comprehensive Plan as a collection street.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents or particular development, not including streets, off-street parking areas and set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of residents.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMMUNICATIONS TOWER
Any structure used primarily for communications equipment, including telephone, radio, television, digital services, microwave antenna and any similar structure or use.
CONCENTRATED ANIMAL OPERATIONS (CAO)
Agricultural operations where the animal density exceeds two animal equivalent units (AEU) per acre on an annualized basis. An animal equivalent unit (AEU) is equal to 1,000 pounds of live weight of any livestock or poultry animals, regardless of the actual numbers of animals. The regulations for CAOs also apply to concentrated animal feed operations (CAFOs). All concentrated animal operations (CAO) and concentrated animal feed operations (CAFO) must comply with 3 Pa.C.S.A. § 501 et seq., and all other applicable state law. Appropriate approval from the state must be obtained and a copy presented to the Township prior to issuance of any permit for concentrated animal operations of any type.
[Amended 11-16-2009 by Ord. No. 224; 8-17-2020 by Ord. No. 276]
CONDITIONAL USE
A use permitted within a particular zoning district which is subject to express standards and criteria set forth in this chapter and is allowed or denied by the Board of Supervisors following public notice and public hearing.
[Amended 12-16-2019 by Ord. No. 271]
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.
[Amended 12-21-2020 by Ord. No. 280]
CONSTRUCTION EQUIPMENT
All off-road equipment designed to be used primarily in the construction and excavation industry. Also includes vehicles of more than two axles used in construction work, including dump trucks of more than two axles, construction trailers, and any other such vehicles.
CONSTRUCTION PERMIT
A permit obtained from the UCC Code Administrator designated by the Township for the purpose of compliance with the Uniform Construction Code, Act 25.
[Added 12-29-2004 by Ord. No. 181]
COURT
An unoccupied open space, other than a yard, on the same lot with a building, which is bounded by two or more sides by the walls of such building.
COURT, INNER
A court which does not extend to a street, alley, yard or outer court.
COURT, OUTER
A court which extends to a street, alley, yard or other outer court.
COVERAGE
The percentage of the plot or lot area covered by the building area.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot.
DAIRY
A commercial establishment for the manufacture or processing of dairy products.
DAY-CARE CENTER
A stand-alone facility in which day care for any number of children is performed in a building that is neither the provider's home, nor the home of any other person.
[Added 1-17-2011 by Ord. No. 231]
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, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations and the subdivision of land.
DISMANTLED AND NONOPERABLE VEHICLE
A vehicle which does not display the current Pennsylvania Inspection Certification or is manifestly incapable of being locomotive in its existing condition.
DOG KENNEL
The sheltering for commercial purposes of two or more dogs that are more than six months old.
DRIVEWAY
See "private driveway."
DUMP
A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or part thereof, or waste material of any kind.
DUPLEX
See "dwelling, single family semidetached."
DWELLING
A building or structure designed for living quarters for one or more families not including hotels, rooming houses or other accommodations used for transient occupancy."
[Amended 12-21-2020 by Ord. No. 280]
DWELLING UNIT
One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family.
DWELLING, SINGLE-FAMILY DETACHED
A building used by one family, having only one dwelling unit and having two side yards.
DWELLING, SINGLE FAMILY SEMIDETACHED (DUPLEX)
A building used by one family, having one side yard and one party wall in common with another building.
DWELLING SINGLE-FAMILY ATTACHED (TOWNHOUSE)
A building used by one family and having two party walls in common with other buildings.
DWELLING, TWO-FAMILY DETACHED
A building used by two families, with one dwelling unit arranged over the other and having two side yards.
DWELLING, MULTIFAMILY
A building used by three or more families living independently of each other and doing their own cooking including apartment houses.
DWELLING, GROUP
A group of two or more single-family, two-family or multifamily dwellings occupying a lot in one ownership.
ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES
Electric public utilities transmission distribution facilities including substations.
ESSENTIAL MUNICIPAL SERVICE FACILITY
A facility operated or owned by the Washington Township Supervisors, Washington Township Municipal Authority, or Waynesboro Municipal Authority that provides public water, sewer, communications or any other essential service as determined by the Township Supervisors.
ESSENTIAL SERVICES
Those services provided by or regulated by federal, state or local government such as, but not limited to, police and fire protection, utilities, transportation and communications, which are an indispensable element of the Township.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage, the structure is substantially impermeable to the passage of water.
FAMILY
One or more persons who live in one dwelling unit and maintain a common household. May consist of a single person or two or more persons, whether or not related by blood, marriage, or adoption. May also include domestic servants and gratuitous guests, but not occupants of a club, fraternal lodging, or boarding houses.
FARM
Any parcel of land containing at least 10 acres which is used in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FENCE
Any combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD-FRINGE
That portion of the floodplain outside the floodway.
FLOODPLAIN
A relatively flat or lowland area which is subject to partial or complete inundation from any adjoining or nearby stream, river or watercourse, from any source. The area specifically identified in this chapter as a flood hazard (FH) subject to flooding by the one-hundred-year flood. Included would be areas identified on FIA maps and other documents as floodway (FW), flood-fringe area (FF) and general floodplain (FA). See § 360-112 for additional data.
FLOODPROOFING
Means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and discharge flood water to a given magnitude. For the purpose of this chapter, the floodway shall be capable of carrying the waters of the one-hundred-year magnitude without increasing water elevations of that flood more than one foot at any point.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA RATIO
The ratio of floor area of a building to its lot area. When a floor area ratio of .4 is specified, the floor area of a building constructed on a lot of 10,000 square feet is limited to a maximum of 4,000 square feet. The number of stories being optional, the building area may be 4,000 square feet for one story; 2,000 square feet for each of two stories; etc.
FOOTCANDLE
A unit of illumination equal to the light flux falling on one-square-foot area one foot away from a light source of one-candle power.
FUNERAL HOME
See "mortuary."
GARAGE
See "automobile garage."
GARDEN APARTMENTS
A grouping of single-family dwelling units combined in one or more structures and served by common entryways and stairs not to exceed three stories in height.
GARDENING
The cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock.
GRADE, FINISHED
The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
GREENHOUSE
See "building."
[Added 1-20-2014 by Ord. No. 246]
GROUP HOME
A single-family dwelling used by a group of individuals, related or unrelated, who share common interests. Group homes may include dwellings occupied by those with disabilities, handicaps, illnesses, senior citizens, but do not include institutional facilities such as shelters, retirement communities, or users of illegal drugs, sex offenders, juvenile offenders and others who present a direct threat to the community.
HEIGHT OF BUILDING
The vertical distance measured from the level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, towers, spires, elevator penthouses, tanks, and similar projections.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling or in a building accessory thereto, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling and no goods are publicly displayed on the premises other than signs as provided herein. Only residents and family members may be employed in said home occupation. No offensive noise, vibration, smoke, dust, odor, heat, glare on homes shall be created by said home occupation.
HOSPITAL
A place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care including such establishments as a sanatorium and preventorium.
HOTEL
A building designed for occupancy primarily as the temporary abiding place for individuals who are lodged with or without meals, in which building:
(1) 
There are more than 10 sleeping rooms;
(2) 
Fifty percent or more of the gross floor area shall be devoted to residential use;
(3) 
Business may be conducted when accessory and incidental;
(4) 
Such hotel services as maid, telephone and postal services are provided.
HOTEL, APARTMENT
A building designed for occupancy primarily as the permanent abiding place of families who are lodged with or without meals, in which building:
(1) 
More than 50% of the gross floor area devoted to residential use is in dwelling units;
(2) 
Business may be conducted when accessory and incidental;
(3) 
Such motel services as common dining facilities, maid, telephone, and postal services are provided;
(4) 
There may be club rooms and ballrooms.
INDUSTRIAL PARK
A tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets and with utility services, setbacks, side yards, landscaped yards, covenants controlling the architecture and uses.
IN-HOME DAY CARE
Day care for five or less children in a residence who are not residents of the dwelling in which the care is provided.[3]
[Added 1-17-2011 by Ord. No. 231]
INTERNAL MANUFACTURED HOME PARK STREET
A street in a manufactured home park, constructed per the plan approved by the Township Supervisors, privately owned, constructed and maintained, which functions only to provide direct access to individual manufactured home lots.
[Added 12-21-2020 by Ord. No. 280]
JUNKYARD (SALVAGE YARD)
A lot, land or structure, or part thereof, used for the collection, storage, and/or sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, and/or for the sale of parts thereof.
LAND DEVELOPMENT
Any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or
(b) 
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.
(2) 
A subdivision of land.
(3) 
Development in accordance with this chapter.
[Amended 11-16-2009 by Ord. No. 224]
(4) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing noncommercial nonindustrial building, is not considered a land development under this chapter.
LAND USE OCCUPANCY PERMIT
A permit required by the Township prior to occupancy of any structure which falls under the Uniform Construction Code requirements.
[Added 12-29-2004 by Ord. No. 181]
LAND USE PERMIT
A permit required by the Township for construction of any structure, addition, attachment, foundation, or other structural changes.
[Added 12-29-2004 by Ord. No. 181]
LIMITED SMALL BUSINESS
A commercial enterprise owned and operated by family members residing on the same lot as the business. In addition to family members, the small business may employ up to three additional employees.
LODGING HOUSE (ROOMING HOUSE)
A building or a portion thereof, other than an apartment hotel or a hotel, containing not more than one dwelling unit; where lodging is provided without meals for three or more persons in addition to the family unit.
LOT
Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street. A designated parcel, tract or area of land established by a plot or otherwise as permitted by law and to be used, developed, or built upon as a unit.
LOT AREA
The area contained within the property lines of a lot as shown on a subdivision plan excluding space within any public right-of-way, but including the area of easement.
LOT, CORNER
A lot as the junction of and abutting on two or more intersecting streets or private roads or at the point of abrupt change of a single street or private road, where the interior angle is less than 135° and the radius of the street or private road line is less than 100 feet.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH, MINIMUM
The minimum lot width at the required building setback line.
LOT, NONCONFORMING
A lot of record prior to the enactment of this chapter, which by reason of area or dimensions does not conform to the requirements of the district in which it is located.
LOT, PANHANDLE
A polygonal-shaped lot with the appearance of a "frying pan" or "flag and staff" in which the handle is most often used as the point of access to a street or road. The "handle" shall be not less than 20 feet in width and is not included in the minimum lot area calculations.
MAJOR THOROUGHFARE, RESTRICTED ACCESS
A major thoroughfare or part thereof, which when open to public use, access is limited from abutting property and other streets to locations and in the manner approved by the municipality or the Pennsylvania Department of Transportation.
MALL
See "shopping center."
MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent occupancy or nontransient use as a dwelling, 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 towing purposes), which arrives at a site essentially complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with a permanent foundation. This does not include motor homes. Manufactured homes must be installed in compliance with § 360-33 and all other relevant requirements.
[Amended 12-21-2020 by Ord. No. 280]
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home.
[Added 12-21-2020 by Ord. No. 280]
MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of manufactured homes for permanent occupancy or nontransient use, consisting of two or more manufactured home lots.
[Added 12-21-2020 by Ord. No. 280]
MASSAGE SHOP
An 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 or professional physical therapist licensed by the commonwealth.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MOBILE HOME
A manufactured home produced before June 15, 1976.
[Amended 12-21-2020 by Ord. No. 280[4]]
MORTUARY
An establishment with facilities for preparation of the dead for burial or cremation, for viewing of the body, and for funerals.
MOTEL
A building or group of buildings containing apartments and/or rooming units, with at least 25% of the units having direct access to the outside without the necessity of passing through the main lobby, used primarily for the accommodation of automobile travelers and which may provide meals and other services as a part of the compensation.
MOTOR HOME
An automobile, trailer, or other vehicle, which includes a specifically designed, modified, or adapted sleeping area, bathroom, or kitchen. This includes campers, recreational vehicles, travel trailers, trailer coaches, and house trailers which do not have permanent foundations.
[Added 12-21-2020 by Ord. No. 280]
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, office equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and post-closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:[5]
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(5) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business may not involve any illegal activity.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING SIGN
A sign which does not conform to the regulations of a district in which it is located.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter 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 structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment to its location by reason of annexation.
NURSERY, HORTICULTURE
Any lot or parcel of land used to cultivate, propagate, and grow trees, shrubs, vines and other plants including the buildings, structures, and equipment customarily incidental and accessory to the primary use.
NURSING OR CONVALESCENT HOME
A building designed and used for the full-time care of human beings and which may include housing or lodging, meals, and nursing.[6]
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.[7]
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).
OPEN SPACE
The unoccupied space open to the sky on the same lot with the building.
PARKING SPACE
The space within a building, or on a lot or parking lot, for the parking of one automobile.
PEDESTRIAN WALKWAYS
An area reserved for non-motor vehicle and pedestrian use. Normally a minimum of five feet in width, except along existing roadways, where a minimum of three feet width is permitted. Walkways may be along existing roadways, future roadways, or completely separated from roadways, and for the use of the general public.
PERSON
Any natural individual, firm, company, corporation, tenant, owner, trust partnership, association, lessee, licensee or agent.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination or residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density, or intensity, lot coverage and required, open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.
PLAT
A map, plan, or layout showing the subdivision of land and indicating the location and boundaries of individual properties.
POULTRY
One or more domesticated or wild birds kept for pleasure or for eggs, meat, offspring, feathers, or manure, excluding chickens, pet birds kept within a residence, and wild birds over which no control is exercised by humans.
[Added 8-17-2020 by Ord. No. 276]
PREMISES
A lot, parcel, or tract of land and any building constructed thereon.
PRINCIPAL USE
The main or primary use of a building, structure, or lot.
PRIVATE
Not publicly owned, operated or controlled.
PRIVATE DRIVEWAY
A vehicular access to a single-family dwelling, duplex or townhouse or other undeveloped property.
PRIVATE ROAD
A right-of-way other than a street, which provides vehicular access to two or more lots.
PUBLIC
Owned, operated or controlled by a government agency (federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education).
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Township Supervisors or Planning Committee, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
[Amended 12-16-2019 by Ord. No. 271]
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearings. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITY FACILITY
A facility designed to perform an essential public service such as supplying gas, electricity, telephone service or transportation, operated or regulated by the federal, state, or local government, excepting, however, essential municipal service facilities and communications towers.
QUARRY, SAND PIT, GRAVEL PIT, BORROW PIT, TOP SOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting stone, sand, clay, gravel, or topsoil for sale, and exclusive of the process of grading a lot preparatory to the land use permit being issued.[8]
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
RESIDENTIAL DISTRICT
Within the context of this chapter, this definition shall encompass the Forest Conservation District, the Agricultural District, the Low-Density Residential District, the Medium-Density Residential District, the Medium-Density Mobile Home Residential District, and the Historic District.
[Amended 8-17-2020 by Ord. No. 275]
RIDING ACADEMY
An establishment where horses are kept for riding or driving, or are stabled for compensation.
ROOMING HOUSE
See "lodging house."
SALVAGE YARD
See "junkyard."
SANITARY LANDFILL
See "municipal waste landfill."
SCHOOL
Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCHOOL, COLLEGE
Similar to elementary and secondary schools, except education is at an advance level, and may include junior college, college or university.
SCHOOL, ELEMENTARY
Any school having regular sessions with employed instruction which teaches those subjects that are fundamental and essential in general education for elementary grades.
SCHOOL, NURSERY
Any place designed and operated to provide regular instruction and daytime care for two or more children under the age of elementary school.
SCHOOL, SECONDARY
Same as elementary school except general education is provided for secondary grades.
SCHOOL, VOCATIONAL
Same as elementary and secondary school except that the primary activity is training in a trade or vocation.
SCRAP PROCESSING AND MANUFACTURING
The receiving of unprepared or unprocessed scrap, the segregation of this material into grades, and the production of finished metal products in specific sizes and physical configurations according to the specifications of steel mills, foundries, and refineries, by manufacturing processes such as baling, shearing, shredding, or otherwise processing the unprocessed materials through the use of specialized machinery and equipment.
SCREEN PLANTING
A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining districts the structures and uses on the premises on which the screen planting is located.
SCREENING
A well-maintained, solid opaque fence or wall at least eight feet in height or hedge, or vegetative material at least four feet in height and of density to conceal from the view of adjoining property owners the structures and uses on the premises on which the screening is located.
SHOPPING CENTER (INCLUDES MALLS AND STRIP MALLS)
A group of stores planned and designed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit.
SIGN
Any device visible from a location whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations, excluding noncommercial flags or any flags displayed from flagpoles or staffs.[9]
SPECIAL EXCEPTION
A modification of the regulations of the ordinance which the Zoning Hearing Board is permitted to authorize in specific instances listed in this chapter.
SPECIFIED ANATOMICAL AREAS
(1) 
Less than completely and opaquely covered.
(a) 
Human genitals, pubic region;
(b) 
Buttocks; or
(c) 
Female breasts below a point immediately above the top of the areola; and
(2) 
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Acts of human masturbation, sexual intercourse, or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.
STABLE, PRIVATE
An accessory building in which horses are kept for private use and not for hire, remuneration, exhibition or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration, hire, exhibition or sale.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it; if there is no floor above it, then the space between any floor and the ceiling immediately above it.
STREET
A public street, avenue, boulevard, road, highway, freeway, or parkway which affords vehicular access to abutting properties.
STREET GRADE
The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts; at the midway of the frontage of the lot thereon. If there is no official established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINE
The dividing line between the street and lot, also known as the right-of-way.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted. For the purpose of this chapter in deciding what is a subdivision, multiple lots, tracts or parcels which have been conveyed on one deed regardless of number of lots, tracts or parcels and regardless of the method of taxation, shall be considered to be a single lot, tract or parcel; and shall be subject to the provisions of this chapter if any division, redivision or resubdivision of such lots, tracts or parcels is desired.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure, either:
(1) 
Before the improvement or repair is started; or
(2) 
If the structure has been damaged, and is being restored, before the damage occurred.
TELEPHONE CENTRAL OFFICE
A building and its equipment erected and used for the purpose of facilitating the transmission and exchange of telephone and radio messages among subscribers, and other business of a telephone company, provided that in a residential district, a telephone central office shall not include public business facilities, storage of materials, trucks, or repair facilities, or housing of repair crews.
THEATER
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof with its appurtenant facilities primarily to the showing of moving pictures or theatrical productions on a commercial basis to patrons seated in automobiles or on outdoor seats.
TOURIST CAMP
Any park, tourist park, tourist court, camp, court, site, lot, parcel or tract of land upon which one or more camp cottages, cabins or tent sites are located and maintained for the accommodations of transients by the day, week, or month, whether a charge is made or not.
TOURIST HOME
A dwelling in which overnight accommodations are used by transient guests for compensation.
TOWNHOUSE
Single-family attached dwelling unit of one-, two- or three-story construction so situated that there are three or more units contiguous to one another with some common walls, adjacent parking facilities and common yards or open space provided for all occupants.[10]
TRAILER PARK
See "mobile home park."
UNIFORM CONSTRUCTION CODE (UCC)
Act 45 of 1999, as amended,[11] and regulations promulgated thereunder.
[Added 12-29-2004 by Ord. No. 181]
UCC OCCUPANCY PERMIT
A permit issued by the UCC Code Administrator certifying final inspections have been completed.
[Added 12-29-2004 by Ord. No. 181]
USE
The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE
The permission granted by the Zoning Hearing Board for an adjustment to some regulation which, if strictly adhered to, would result in an unnecessary hardship and where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of this chapter.
VEHICLE, ABANDONED
A vehicle, such as automobile, truck, tractor, farm or construction equipment, that has been at the same location on public or Township property or rights-of-way for more than seven consecutive days.
VEHICLE, DISMANTLED
A vehicle, such as automobiles, truck, tractor, farm or construction equipment, which has had sufficient parts removed that it cannot be repaired and operated in a reasonable time. Any vehicle that cannot be repaired or moved under its own power within 30 days of a notice to move is considered dismantled.
VEHICLE, INOPERABLE
A vehicle, such as automobile, truck, tractor, other farm or construction equipment, which will not start and move under its own power and has not been repaired within 30 days.
VEHICLE, UNLICENSED
A vehicle, such as automobiles, truck, tractor, farm or construction equipment, that is not properly inspected or licensed in accordance with the PA Motor Vehicle Code.
WATERCOURSE (STREAM)
Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WINDOW
An opening to the outside, other than a door, which provides all or part of the required natural ventilation, natural light, or both to an interior space.
YARD
A space open to the sky and unoccupied by any building, structure, or merchandise or material for display or sale, located on the same lot with a building, structure or use.
YARD, EXTERIOR
An open, unoccupied space between the buildings of a dwelling group or its accessory buildings and the project boundary or street line.
YARD, FRONT
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
YARD, INTERIOR
An open unoccupied space between the buildings of a dwelling group or its accessory buildings, not a front, side, or rear yard.
YARD, REAR
An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear line of the building shall not extend into the required rear yard.
YARD SALE
The sale or offering for sale of new, used or secondhand items of personal property at any one residential premises at any one time. The term "yard sale" shall include any type of such sale of 20 or more items from a residential premises, regardless where on the premises the items for sale are actually located. The term "yard sale" shall include but is not limited to the following terms: "garage sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea or flea market sale," and any similar casual sale of personal property from a residential premises.
[Added 1-17-2011 by Ord. No. 231]
YARD, SIDE
An open, unoccupied space on the same lot with the building situated between the building and the side line of the lot extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.
ZERO LOT LINE LOT
Form of housing in which individual dwelling units are placed on separate platted lots and are constructed on the boundary line on one side and has the required setback on the other side.
[Added 7-21-2008 by Ord. No. 214]
ZONING
To partition by ordinance into sections reserved for different purposes and uses.
ZONING MAP
The map setting forth the boundaries of the Zoning Districts of the Township, which shall be part of this chapter.
[1]
Editor's Note: The former definition of "automobile and/or mobile home sales garage," which immediately followed this definition, was repealed 12-21-2020 by Ord. No. 280.
[2]
Editor's Note: The original definition of "building, height of," which immediately followed this definition, was deleted 11-16-2009 by Ord. No. 224.
[3]
Editor's Note: The former definition of "internal mobile home park street," which immediately followed this definition, was repealed 12-21-2020 by Ord. No. 280.
[4]
Editor's Note: This ordinance also repealed the former definitions of "mobile home lot" and "mobile home park," which immediately followed this definition.
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[6]
Editor's Note: The former definition of "Nutrient Management Act," which immediately followed this definition, was repealed 8-17-2020 by Ord. No. 276.
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[9]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[10]
Editor's Note: The former definition of "trailer coach," which immediately followed this definition, was repealed 12-21-2020 by Ord. No. 280.
[11]
Editor's Note: See 35 P.S. § 7210.101 et seq.
C. 
Floodplain districts definitions. The following definitions shall apply to Article XVIII, Floodplain Districts, Code §§ 360-112 through 360-116, only. With regards to Code §§ 360-112 through 360-116, any definitions that are in conflict with the following definitions shall be replaced with the following definitions:
[Added 1-16-2012 by Ord. No. 237]
BASE FLOOD
A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year-flood" or "one-percent-annual-chance flood").
BASE FLOOD DISCHARGE
The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)
The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.
BASEMENT
(1) 
A story partly underground but having 1/2 or more of its height above the average level of the adjoining ground.
(2) 
For the purposes of Chapter 360, §§ 360-112 through 360-116, Floodplain Districts any area of the building having its floor below ground level on all sides.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXISTING STRUCTURE
A structure for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing structure" may also be referred to as "existing construction."
EXPANSION TO AN EXISTING MANUFATURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
FLOODPLAIN AREA
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.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.[12]
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this ordinance.
MANUFACTURED HOME
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.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after January 18, 2012, and includes any subsequent improvements to such structures. Any construction started after June 3, 1986, and before January 18, 2012, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated June 3, 1986, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated June 3, 1986, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.
RECREATIONAL VEHICLE
A vehicle which is:
(1) 
Built on a single chassis;
(2) 
Not more than 400 square feet, measured at the largest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck;
(4) 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOOD ELEVATION
The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.
REPETITIVE LOSS
Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
SPECIAL FLOOD HAZARD AREA (SFHA)
An area in the floodplain subject to one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, A1-30, AE, A99, or AH.
START OF CONSTRUCTION
Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
For the purposes of Chapter 360, §§ 360-112 through 360-116, Floodplain Districts, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as manufactured homes.
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
(1) 
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 which have incurred substantial damage or repetitive loss regardless of the actual repair work performed. The term does not, however, include 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.
(2) 
Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this chapter must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirement will be the minimum necessary to preserve the historic character and design of the structure.
VIOLATION
For the purposes of Chapter 360, §§ 360-112 through 360-116, Floodplain Districts, means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[12]
Editor's Note: The former definition of "historic structure," which immediately followed this definition, was repealed 8-17-2020 by Ord. No. 275.