Words in the present tense include the future
tense. Words in the singular include the plural, and words in the
plural include the singular.
Unless otherwise stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated:
A dwelling unit which is secondary to and located on the
same lot as the principal dwelling unit, the occupancy of which shall
be limited to elderly and/or handicapped persons who are related to
the occupants of the principal dwelling unit.
[Amended 12-16-2013 by Ord. No. 194-2013]
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
ADULT BOOKSTOREAny establishment or place:
Which has a substantial or significant portion
of its stock-in-trade consisting of the following items:
Books, magazines or other periodicals, films
or other forms of audio or visual representation which are distinguished
or characterized by an emphasis on the depiction, description or display
of sexual activities or conduct or uncovered male or female genital
areas; and/or
Instruments, devices or paraphernalia which
are designed primarily for use in connection with sexual activities
or conduct; and/or
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 the depiction, description or display of sexual activities or conduct
or uncovered male or female genital areas.
ADULT THEATERAny theater, auditorium, concert hall or other place of assembly:
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 an emphasis on the depiction, description or display of sexual
activities or uncovered male or female genital areas; or
Featuring live performances on a regular basis
which are distinguished or characterized by an emphasis on the depiction,
description or display of sexual activities or by the exposure of
uncovered male or female genital areas for observation by patrons.
MASSAGE ESTABLISHMENTAny 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 or professional physical therapist licensed by the commonwealth. 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.
OTHER ADULT-ORIENTED RETAIL, COMMERCIAL SERVICE OR ENTERTAINMENT ESTABLISHMENTAny other business or club 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.
A retail business owned and operated by a resident of the
subject property, which is accessory to the principal residential
or agricultural use of the property, for the sales of agricultural-related
supplies, equipment and goods.
[Added 5-14-2013 by Ord. No. 191-2013]
The tilling of soil, raising of crops, forestry, horticulture,
gardening and animal and poultry husbandry, including the sale of
crops and agricultural, dairy and horticultural products incidental
to the operation of the farm.
A building or part of a building in which five or more pinball
machines, video games or other similar player-operated amusement devices
are maintained.
One thousand pounds' live weight of livestock or fowl, regardless
of the actual number of animals comprising the unit.
Any exterior apparatus designed for the sending and/or receiving
of electromagnetic waves for telephone, radio, television or personal
wireless services. These uses include, without limitation, such apparatus
for cellular or other wireless telephones, pagers and beepers.
[Added 11-11-2000 by Ord. No. 129]
A dwelling which contains not more than 12 dwelling units
attached both horizontally and vertically through the use of party
walls, and which has not fewer than two nor more than three stories.
A dwelling within a retirement community which is attached
to other such dwellings and joined with common areas designed for
the exclusive benefit of the group of residents. Common areas may
include laundry, storage, recreational facilities and other such facilities.
Apartment housing units shall contain complete kitchen, toilet and
bathing facilities as well as at least one window.
Any of the following types of child-care activities:
The temporary or occasional care of any number
of children not related to the person giving care which takes place
at the home of the person giving care.
The temporary or occasional care of any number
of children at a dwelling unit customarily and regularly occupied
by the children as their residence.
The regular care of one, two or three children
not related to the person giving care which takes place at the home
of the person giving care.[1]
That portion of a building which is completely below grade
or partially below grade where the average distance between the finished
surface of the above floor and the ground level along the perimeter
of all exterior walls is less than six feet.
An owner-occupied single-family detached dwelling where between
one and five rooms are rented to overnight guests. A bed-and-breakfast
establishment may operate year-round; however, the length of stay
for any overnight guest shall not exceed two continuous weeks. Meals,
if offered, are only provided to registered overnight guests.
Any structure used or intended for supporting or sheltering
any use or occupancy.
[Amended 4-9-2013 by Ord. No. 190-2013]
ACCESSORY BUILDINGA detached, subordinate building, the use of which is customarily incidental to that of the principal building and which is located on the lot occupied by the principal building. Farm buildings not intended for habitation are considered to be accessory buildings.
FARM BUILDINGA building primarily for agricultural use, such as barns, poultry houses, stables, corncribs, silos and other similar farm structures.
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which the building is located.
The vertical distance measured between the average outside
finished grade elevation adjacent to the building wall and the highest
point of the roof.
A line formed by the intersection of a horizontal plane and
a vertical plane that coincides with the exterior surface of the building
on any side. In case of a cantilevered or projected section of a building,
except overhanging eaves, gutters and cornices, the vertical plane
will coincide with the most projected surface.
A line parallel to and the distance from a public or private
street as specified in this chapter which determines the minimum distance
permitted between a building or structure and the street right-of-way
line.
A lot or tract of ground on which may be placed tents and
camping trailers, fifth wheel trailers, motor homes, travel trailers
and truck campers, which do not exceed 400 square feet in floor area,
or the applicable ANSI A.119.2/NFPA standard for recreational vehicles,
where persons or families may live temporarily. For the purposes of
this definition, it shall be presumed that the occupancy of any of
the foregoing for a continuous period of six months or more shall
constitute permanent occupancy. Permanent occupancy of the above listed
uses is strictly prohibited.
[Amended 7-11-2000 by Ord. No. 128]
The individual designated by a patient to deliver medical
marijuana.
[Added 12-11-2018 by Ord.
No. 218-2018]
An area of land and/or a structure with machine or hand-operating
facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
A burial place or graveyard, including a mausoleum, crematory,
or columbarium, in which human or animal remains are buried.
[Added 8-14-2007 by Ord. No. 163]
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
Any dwelling, building or portion thereof at which child
day services other than baby-sitting are provided, including an on-site
outdoor play area. Child day-care facilities shall be further differentiated
by the following three classifications:
FAMILY DAY-CARE HOMEAny premises or dwelling unit other than the child's own home where the child-care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to four, five or six children who are not relatives of the person giving care. (For differentiation, see the definition of "baby-sitting.")
GROUP DAY-CARE HOMEA facility in which care is provided for more than six but fewer than 12 children at any one time, where the child-care areas are being used as a family residence. (This definition shall include such facilities caring for 12 children, provided that the Department of Public Welfare has granted a special exception under the group day-care facility regulations.)
DAY-CARE CENTERA facility which is licensed to provide care for seven or more children at any one time, where the child-care areas are not being used as a family residence.
A building, structure, or group of buildings or structures,
including accessory uses, designed, intended, or used for public worship.
This definition shall include temples, rectories, chapels, convents,
monasteries, cathedrals, parish houses, synagogues, and mosques. Use
as a residence is not permitted except as housing for one family.
[Added 8-14-2007 by Ord. No. 163]
A building or premises used for the repair, rental, sale
and/or servicing of motor vehicles, boats and campers.
A water supply system which provides water for human consumption
to more than one lot or dwelling unit which has fewer than 15 service
connections and which does not serve an average of 25 or more individuals
for 60 or more days during any twelve-month time period.
A structure, such as a lattice tower, guy tower or monopole
tower, constructed as a freestanding structure or in association with
a building, other permanent structure or equipment, on which is located
one or more antennas intended for transmitting or receiving analog,
digital, microwave, cellular, telephone, personal wireless service
or similar forms of electronic communication. The term includes microwave
towers, common carrier towers, and cellular telephone towers.
[Added 11-11-2000 by Ord. No. 129]
The height at the tower base to the highest point of the
tower. The average grade shall be the average grade existing at the
time of construction or the average grade existing prior to construction
and prior to any earth disturbance. No person shall artificially increase
the maximum height of a telecommunications tower by altering the grade
at the base of the tower by any means. Overall antenna tower height
includes the base pad, mounting structures, whip antennas and panel
antennas, but shall exclude lightning rods.[2]
[Added 11-11-2000 by Ord. No. 129]
A building, unit or space within a building or premises used
by carpenter, plumber, electrician or other similar contractor as
a workspace for storage, fabrication, administration and/or other
aspects of the contractor's business.
[Added 10-14-2008 by Ord. No. 167]
A retail sales business which specializes in
providing household products and foods. "Convenience stores" may also
provide for any or all of the following as an accessory use:
The rental of video tapes, provided that an
adult-oriented business is specifically prohibited;
The preparation and sales of delicatessen sandwiches
and foods, provided that no patron seating is provided; and
The use of no more than two amusement devices
such as pinball machines, video games or other similar devices.
"Convenience stores" shall not include the dispensing
of gasoline or other motor vehicle fuels unless appropriate approvals
for a service station have been obtained.
A small-scale business owned and operated by a resident of
the subject property within his or her dwelling unit or within a building
accessory to the dwelling unit, which is clearly subordinate to the
residential use of the property. Such businesses shall be compatible
with the rural character of the region and may include, but not be
limited to, craftsmanship shops, woodworking and cabinetry shops,
and handmade goods or arts and crafts.
[Amended 5-14-2013 by Ord. No. 191-2013]
The number of dwelling units or units of occupancy per acre
of lot area (i.e., the total area within the deeded property lines
exclusive of existing street rights-of-way).[3]
[Amended 4-9-2013 by Ord. No. 190-2013]
The Department of Environmental Protection (formerly known
as DER) of the Commonwealth of Pennsylvania, or any successor agency.
[Added 5-11-2010 by Ord. No. 170]
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; or the subdivision of land.
[Amended 4-12-2005 by Ord. No. 151; 4-9-2013 by Ord. No.
190-2013]
A disability of a person which has continued or can be expected
to continue indefinitely, which disability is attributable to mental
retardation, cerebral palsy, epilepsy or autism; is found to be attributable
to any other condition found to be closely related to mental retardation
because such condition results in similar impairment of general intellectual
functioning or adaptive behavior to that of mentally retarded persons
or requires treatment and services similar to those required for such
persons; or is attributable to dyslexia resulting from such disability.
A person with a developmental disability.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the PA Department of Health to dispense medical
marijuana pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S.
§ 10231.101 et seq.
[Added 12-11-2018 by Ord.
No. 218-2018]
Any portion of a building or structure from which business
is transacted or capable of being transacted, directly with customers
located in a motor vehicle during such business transactions.
A building permanently erected on and attached to a foundation,
having a fixed location on the ground, and used as the living quarters
for one or more families, which building, where so erected and attached,
shall, in the normal frame of reference, be immobile. Hospitals, institutional
homes, hotels, boarding-, rooming and lodging houses, tourist courts
and campgrounds, offering overnight accommodations for guests or patients,
shall not be considered "dwellings" within the meaning of this chapter.
One or more living and/or sleeping rooms arranged for the
use of one family as an independent housekeeping unit containing cooking
and sleeping facilities and which is physically separated from any
other rooms or housekeeping units.
Facilities housing fire, ambulance, rescue and other emergency
services of a municipal or volunteer nature.[4]
A single individual or two or more persons related by blood,
marriage or adoption (including persons receiving foster care) within
the degree of first cousins, or a group of not more than three persons
who are unrelated, or any number of unrelated person who reside within
a licensed group home, as defined herein. It is the express intention
of this definition to comply with the provisions of the Fair Housing
Amendments Act of 1988, P.L. 100-430.
A resident farm family-owned and -operated business related
to agriculture, to include small-scale, limited site coverage, agriculturally
compatible farmstead occupations conducted commercially within the
context of and/or close proximity to farmstead buildings. "Family
farm support businesses" may be conducted either within existing farm
residences used principally as a residence, within principally agricultural
buildings of the farmstead or within additions to existing buildings
or new buildings which by farmstead location, scale and design are
incidental and secondary to the agricultural character of the property.
A parcel of land that is used primarily for the commercial,
soil-dependent cultivation of agricultural crop production and/or
for the raising of livestock.
[Amended 5-11-2010 by Ord. No. 171]
A parcel of land created by a subdivision or partition which
includes a buildable area or “flag portion” and a narrow
projection or “flag pole” to a public right-of-way.
[Added 11-11-2008 by Ord. No. 168]
The narrow extension of a lot or parcel from the buildable
area of the lot or parcel to the public right-of-way that provides
access to the lot or parcel, but which is not included for zoning
purposes as part of the area of the lot or parcel.
[Added 11-11-2008 by Ord. No. 168]
The buildable area of a flag lot.
[Added 11-11-2008 by Ord. No. 168]
The display and sales of merchandise which is not produced
on site and is sold outdoors by multiple vendors who are not owners
or residents of the property.[5]
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 Township.
[Added 3-8-2016 by Ord.
No. 209-2016]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 3-8-2016 by Ord.
No. 209-2016]
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.[6]
[Amended 4-9-2013 by Ord.
No. 190-2013; 3-8-2016 by Ord. No. 209-2016]
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to property, structures and their contents.
The portion of the floodplain required to carry and discharge
the waters of the one-hundred-year flood without increasing the water
surface elevation at any point more than one foot above existing conditions
as demonstrated in the Flood Insurance Study and/or Flood Insurance
Rate Map (FIRM) prepared by FEMA. In an area where no FEMA maps or
studies have defined the boundary of the one-hundred-year frequency
flood, it is assumed, absent evidence to the contrary, that the floodway
extends from the stream to 50 feet from the top of the bank of the
stream.
[Amended 4-9-2013 by Ord. No. 190-2013]
The projected heights, in relation to the National Geodetic
Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes
and frequencies in the floodplain areas.
The remaining area from the floodway to the limit of the
floodplain.
[Added 4-9-2013 by Ord. No. 190-2013]
The total area of all floors of a building, excluding cellars,
attics, porches and garages of dwellings and storage areas of all
other buildings.
The sum of the total horizontal areas of the several floors
of all buildings on a lot, measured from the interior faces of exterior
walls. The term "gross floor area" shall include basements; elevator
shafts; stairwells at each story; floor space used for mechanical
equipment with structural headroom of six feet six inches or more;
penthouses; attic space, whether or not a floor has actually been
laid, providing structural headroom of six feet six inches or more;
interior balconies; and mezzanines.
The management of forests and timberlands through the developing,
cultivating, harvesting, transporting and selling of trees for commercial
purposes which does not involve any land development. This term does
not include the retail sale of living plants or a plant nursery.
The extent of surface contained within the boundary of a
property, excluding public streets and lands intended for commercial,
public or semipublic uses.
A dwelling operated by a reasonably responsible individual,
family or organization with a program to provide a supportive living
arrangement for individuals where special care is needed by the individual
served due to age, emotional, mental or physical handicap. This definition
shall expressly include facilities for the care of developmentally
disabled persons. "Group homes" shall be licensed where required by
an appropriate governmental agency, and a copy of such license must
be delivered to the Township prior to the beginning of such use. "Group
homes" shall be subject to the same limitations and regulations by
the Township as a single-family dwelling. It is the express intent
of this definition to comply with the requirements of the Fair Housing
Amendments Act of 1988, P.L. 100-430.
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
holds a permit from the PA Department of Health pursuant to the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq., to grow
and process medical marijuana.
[Added 12-11-2018 by Ord.
No. 218-2018]
Any district, site, building, structure, or object that meets
one or more of the following criteria:
[Amended 4-9-2013 by Ord. No. 190-2013]
Is listed or may be determined to be eligible to be listed on
the National Register of Historic Places, either individually or as
a contributing resource.
Is listed on the Lancaster County Historic Sites Survey or on
any officially adopted municipal inventory of historic resources and
is determined by a qualified historic preservation professional to
retain the historic characteristics that qualified it for said list.
Is determined by a qualified historic preservation professional
to be historically or architecturally significant.
An occupation or business conducted in whole or in part by a resident in the resident's dwelling unit as an accessory use which is clearly subordinate to the residential use. For the purpose of this chapter, a "home occupation" shall not include child day-care facilities which are regulated as a separate use. (See § 110-50.)
An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients
and injured persons, and licensed by state law to provide facilities
and services in surgery, obstetrics and general medical practice.
All of the areas within which the Township has selected to
enforce floodplain regulations as defined in the Township Floodplain
Management Ordinance.[7] It includes the area identified as the Special Flood Hazard
Area on the Flood Insurance Rate Maps and Flood Insurance Study.
[Added 3-8-2016 by Ord.
No. 209-2016]
A surface that has been compacted or covered with material
to the extent that it is resistant to infiltration by water, including
but not limited to conventional impervious surfaces such as paved
streets, roofs, compacted stone, or stone that will be compacted,
and sidewalks. In addition, the following shall be considered impervious
surfaces when used by motor vehicles: gravel and stone areas, bricks
and cobblestone. The Township Engineer shall determine those surfaces
which are considered impervious if requested by the Zoning Officer.
[Amended 5-11-2010 by Ord. No. 171]
A cartway, at least 20 feet in width, which is improved with
a paved surface constructed to the standards for public streets under
the applicable subdivision and land development ordinance or road
ordinance,[8] to provide access to a lot. If parking shall be permitted
along an "improved private road," the minimum cartway width shall
be increased by eight feet for each side of the "improved private
road" where parking is permitted.
A dwelling within a retirement community which is designed
to permit independent living which is within close proximity to the
medical services provided elsewhere within the retirement community.
Each dwelling unit shall contain complete kitchen, toilet and bathing
facilities as well as at least one outside window. "Independent dwelling
units" may be detached, semidetached or attached, provided that no
more than six units are joined in common.
Includes the following:
The minimum distance between two principal buildings located
on the same lot.
A residential driveway that serves more than one unit which is improved to the standards for a driveway as per Chapter 58.
[Added 11-11-2008 by Ord. No. 168]
Any discarded article or material not ordinarily disposed
of as rubbish, garbage or refuse, and including but not limited to
scrap metal, scrapped, abandoned or junked automobiles, machinery,
equipment, paper, rags, glass, containers and other salvageable materials.
Any area and/or structure used primarily for the collection,
storage and/or sale of junk as that term is defined in this chapter.
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. For the purposes of this chapter, all kennels shall be licensed by the Commonwealth of Pennsylvania, as applicable, and shall be constructed and maintained in accordance with the Pennsylvania Code, Title 7, Part II, Chapter 21, entitled "General Provisions; Kennels; Licensure; Dog-Caused Damages," as amended.
[Amended 3-12-2019 by Ord. No. 220-2019]
The development of property as specified below:
[Amended 4-9-2013 by Ord. No. 190-2013]
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" shall not include:
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.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
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.
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 is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
[Amended 4-9-2013 by Ord. No. 190-2013]
A business that provides home-type washing, drying and/or
ironing machines for hire to be used by customers on the premises.
Equine animals, bovine animals, sheep, goats, swine and poultry
commonly raised upon farms in Lancaster County, Pennsylvania. "Livestock"
does not include dogs, cats or animals or birds considered exotic
or wild.
A facility used for receiving and handling livestock for
the purpose of transfer to another location.
[Added 10-14-1997 by Ord. No. 118]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit; a designated parcel of land held in single
and separate ownership, undivided by any street or dedicated future
right-of-way. Such parcel shall be separately described by metes and
bounds, the description of which is recorded in the office of the
Recorder of Deeds of Lancaster County by deed description or is described
by an approved plat recorded in the office of the Recorder of Deeds
of Lancaster County.
[Amended 4-9-2013 by Ord. No. 190-2013]
The area contained within the property lines of a lot, excluding
space within the street right-of-way.
The land occupied by buildings and structures or any other
impervious surface.
The average distance between the street right-of-way line
and the rear lot line, measured perpendicularly or radially to the
street right-of-way line.
A lot which is part of a subdivision recorded in the office
of the Lancaster County Recorder of Deeds, or a lot or parcel of land
described by metes and bounds, the description of which has been so
recorded.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
The term includes park trailers, travel trailers, recreational and
other similar vehicles which are placed on a site for more than 180
consecutive days.
[Added 4-12-2005 by Ord. No. 151; amended 4-9-2013 by Ord. No.
190-2013]
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more manufactured
or mobile home lots for the placement thereon of manufactured or mobile
homes.
[Added 4-12-2005 by Ord. No. 151; amended 4-9-2013 by Ord. No.
190-2013]
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
[Added 4-12-2005 by Ord. No. 151]
Marijuana for certified medical use as set forth in the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[Added 12-11-2018 by Ord.
No. 218-2018]
A dispensary or a grower/processor of marijuana for medical
purposes.
[Added 12-11-2018 by Ord.
No. 218-2018]
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,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
[Added 4-12-2005 by Ord. No. 151]
A telecommunications tower consisting of a single pole constructed
without guy wires.
[Added 11-11-2000 by Ord. No. 129]
The Act of July 31, 1968, P.L. 805, No. 247, as amended and
reenacted, 53 P.S. § 10101 et seq.
Any building, structure or use of land by Brecknock Township,
Lancaster County, or by the Northern Lancaster County Authority.
Municipal waste as defined by the regulations of the DER,
25 Pa. Code § 110-271.1. "Municipal waste" shall not include
construction/demolition waste or other residual waste, as those terms
are defined by the regulations of the DER, 25 Pa. Code § 110-271.1.[11]
A bar, restaurant, coffee house or similar establishment
where a dance floor or entertainment is provided.
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:
[Added 4-8-2003 by Ord. No. 135]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
A lot of which the area or dimension 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.
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions of this chapter or any
amendment thereto, where such structure lawfully existed prior to
the enactment of this chapter or amendment thereto or prior to the
application of this chapter or amendment thereto to the location of
such use by reason of annexation.
A use, whether of land or of structure, which does not comply
with the applicable use provisions of this chapter or any amendment
thereto, where such use was lawfully in existence prior to the enactment
of this chapter or amendment thereto or prior to the application of
this chapter or amendment thereto to the location of such use by reason
of annexation.
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.
That document which describes the Nutrient Management Program.
The schedule of activities undertaken or to be undertaken
by a person required to conduct certain activities to minimize pollution
to ground- or surface waters through the management of animal waste
and fertilizer.
A flood that, on the average, is likely to occur once every
100 years (i.e. that has a one-percent chance of occurring each year,
although the flood may occur in any year).
[Added 4-12-2005 by Ord. No. 151]
A private school providing education for children in grades
one through eight or for children ages five through 16, which is located
in a single building which contains not more than 2,000 square feet.
That portion of a lot unoccupied by any building, structure
or portion thereof which is above or below the finished grade elevation.
The strata or material overlying a mineral deposit or occurring
between mineral deposits in its natural state and such material before
and after its removal by quarrying or surface mining.
[Added 10-11-1994 by Ord. No. 101]
When used in determining the permissible number of lots which
may be subdivided in the AG District, AG-2 District or FR District,
all contiguous land held in single and separate ownership, regardless
of whether such land is divided into one or more lots, parcels, purparts
or tracts; such land was acquired by the landowner at different times
or by different deeds, devise, partition or otherwise; or such land
is bisected by public or private streets or rights-of-way, which was
held by the landowner or his predecessor in title on March 16, 1981,
or, if such land was not classified as Agricultural District or Forest
Recreation District on March 16, 1981, which was held by the landowner
or his predecessor in title on the date such land was first classified
as Agricultural District or Forest Recreation after March 16, 1981;
in the case of land presently classified as AG-2 District, said time
shall commence on the earliest of the date the parent tract was classified
as AG District or AG-2 District.
[Amended 5-11-2010 by Ord. No. 170]
A common wall, floor or ceiling separating two or more dwelling
units.
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.
[Added 4-12-2005 by Ord. No. 151]
A facility in which food, shelter, supervision and assistance
services are provided to residents of a retirement community. Services
may include assistance with dressing, bathing, diet or medication
prescribed for self administration. Hospitalization and skilled care
are not provided in "personal-care facilities." Each unit shall contain
a living and sleeping area as well as an individual or shared bathroom.
Any land used to raise trees, shrubs, flowers and/or other
plants for sale or for transplanting.
A commercial business or nonprofit organization which provides
social and/or recreational activities or facilities.
A sewer collection system and treatment facility which is
available for service to the public and which is approved by the DER.
A system which provides water to the public for human consumption,
which has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
A vehicle which is:
[Added 4-12-2005 by Ord. No. 151]
Built on a single chassis;
Not more than 400 square feet, measured at the
largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck;
Not designated for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold or reused by a manufacturer as a substitute
for or a supplement to virgin materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste or composting
facilities or resource recovery facilities as those terms are defined
in the Municipal Waste Planning, Recycling and Waste Reduction Act,
Act 101 of 1988.[12][13]
An establishment that offers quick food service which is
accomplished through a limited menu of items already prepared and
held for service or prepared, fried or grilled quickly or heated in
a device such as a microwave oven. Orders are not generally taken
at the customer's table, and food is generally served in disposable
wrapping or containers.
A residential development consisting of a mixture of apartment
or independent housing units and personal-care, skilled-care and nursing-care
facilities in an environment which cannot be achieved through the
use of conventional residential development. Such congregate housing
facilities serve persons who are a minimum of 50 years old or handicapped
to the extent which requires personal or skilled care. Housing and
health-care services are provided to each resident of a "retirement
community" pursuant to an agreement effective for a minimum period
of one year. Services provided in such facilities may include health
care, intermediate and skilled care, medical facilities, physical
therapy, board, lodging, support services and accessory uses.
A facility used for the sheltering, pasturing, riding instruction
and/or care of more than five horses for compensation.
A device incorporating a reflective surface which is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone or horn, and including its pedestal and other attachments. Such
device shall be used to transmit and/or receive radio or other 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," "television receivers only" or "TVRO's"
and "satellite microwave antennas."
A building or group of buildings that contains individual,
compartmentalized and controlled access stalls or lockers for the
storage of customer's goods or wares.
Buildings and premises where the primary use is the supply
and dispensing at retail of motor fuels.
A group of two or more stores planned and designed as an
integrated unit with off-street parking provided on the property as
an integral part of the unit.
Any visual advertisement, announcement, communication or
device produced in whole or in part by constructing, erecting, affixing
or placing a structure on land or any other structure or produced
by painting, pasting or otherwise placing any printed, lettered, figured
or colored material on any building, structure or surface. It also
specifically includes any device intended or which has the result
of bringing the subject matter or location thereof to the attention
of the public. It does not include any flag, badge or insignia of
any government or government agency or of any civic, charitable or
religious organization or lettering which is an integral part of the
architectural design of the building.
BILLBOARDAn off-premises, permanent sign which directs attention to a product, service, business or cause.
BUSINESS SIGNA sign which directs attention to any business, professional, commercial or industrial activity occurring on the premises on which the sign is located, but not including a home occupation sign. (Also see "center sign.")
CENTER SIGNA business sign which provides identification at the entrance to a center such as a shopping center, office complex or industrial park.
CONTRACTOR SIGNA temporary sign which carries the name and information about a contractor who is involved in construction work occurring on the premises on which the sign is located.
DEVELOPMENT SIGNAn identification sign at the entrance to a residential development. (Refer to "identification sign.")
ELECTION SIGNA temporary sign which directs attention to a candidate or candidates for public office, a political party or a ballot issue.
GARAGE/YARD SALE SIGNA temporary sign which directs attention to the sale of personal goods on the premises on which the sign is located.
GOVERNMENT SIGNAn off-premises sign placed by a governmental unit, such as a traffic, directional, informational or street name sign or an historical marker.
HOME OCCUPATION SIGNA sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
IDENTIFICATION SIGNA sign used to identify the name and display information about the individual organization, agency, institution, facility or development located on the premises on which the sign is located, but not including a business sign. (Also see "development sign" and "public use sign.")
INCIDENTAL SIGNAn informational sign, no more than two square feet in size and not including any commercial message or logo, which carries a message such as "enter," "telephone," "rest rooms," "no parking," "no trespassing," "warning," and on-site direction or anything similar.
NONPROFIT ORGANIZATION SIGNAn off-premises sign displaying information about a church, service club or other nonprofit organization.
PUBLIC USE SIGNAn identification sign used to identify the name and display information about a public use, such as a government building, school, park, firehouse or church.
REAL ESTATE SIGNA temporary sign which provides information about a real estate activity on the premises on which the sign is located, such as a sale, rental, open house or property available for or in the process of development.
SPECIAL EVENT SIGNA temporary sign which carries information about a special event such as an auction, flea market, festival, carnival, meal or fundraising event.
For signs of not more than two faces, the area of the larger
face, including any border framing and decorative attachments; for
signs of more than two faces, the total area of all faces combined,
including any border framing and decorative attachments; for freestanding
letters, the area contained between the highest and lowest points
of any letters and the extremity points of the first and last letters.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
A dwelling which does not have a party wall or lot line wall
and is designed to accommodate one dwelling unit.
A dwelling containing two dwelling units which are attached
side by side through the use of a party wall, and having one side
yard adjacent to each dwelling unit.
A facility in a retirement community which serves residents
requiring continuous, intermediate or skilled nursing care.
A plan listing conservation practices and scheduling the
implementation of conservation practices to control soil erosion and
sediment pollution on a designated farm in accordance with the provisions
of Chapter 102 of Title 25 of the Pennsylvania Code, Erosion Control,
and any subsequent amendments thereto. It is the intent of the Board
of Supervisors to adopt all subsequent amendments and revisions to
said Chapter 102 as permitted by law and in accordance with the provisions
of 1 Pa.C.S.A. § 1937(a). If such an intent is found invalid
by a court of competent jurisdiction, it is the intent of the Board
to adopt said chapter as it existed on the effective date of this
chapter.
An adult female swine used for breeding purposes. Offspring,
10 weeks old or less, of sows shall not be considered livestock for
the purposes of this chapter.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year.
[Added 3-8-2016 by Ord.
No. 209-2016]
The overburden and reject minerals as piled or deposited
in quarrying and surface mining.
[Added 10-11-1994 by Ord. No. 101]
Those areas of land where the grade is 15% or greater. Slope
shall be measured as the change in elevation over the horizontal distance
between consecutive contour lines. Slope shall be measured over three
two-foot contour intervals (six cumulative vertical feet of slope).
All slope measurements shall be determined by a topographic survey
signed and sealed by a registered surveyor or engineer licensed to
practice in the Commonwealth of Pennsylvania.
[Added 4-9-2013 by Ord. No. 190-2013]
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
ARTERIALA street primarily used to serve comparatively high volumes of traffic of a regional nature at speeds higher than desirable on collector and local access streets.
MAJOR COLLECTORA street which provides for intercommunity travel, connecting boroughs and unincorporated population centers and which carries large volumes of traffic to the arterial road system.
MINOR COLLECTORA street which provides routes to local communities, shopping areas and industrial complexes. They serve as the circulation street in large residential subdivisions and serve small settlements.
LOCAL ACCESSA street used primarily to provide access to abutting properties.
The center of the surveyed street right-of-way or, where
not surveyed, the center of the traveled cartway.
The line dividing a lot from the legal street right-of-way,
not just the cartway.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
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 or 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.[14]
[Amended 4-12-2005 by Ord. No. 151]
A body of water, contained by man-made structures, primarily
used for recreational swimming or diving purposes, which is designed
to contain a water depth of 24 inches or more.
A dwelling with three dwelling units but not more than six
dwelling units attached by party walls and not having any horizontal
division between the dwelling units.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999, applicable to new construction in all municipalities
whether administered by the municipality, a third-party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 4-12-2005 by Ord. No. 151]
An unattached accessory building primarily used for the storage
of equipment necessary for the maintenance of the lot and all structures
on the lot.
An establishment offering on-site veterinary services.
A building used primarily for the storage of goods and materials.
Any channel or conveyance of surface waters having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
[Amended 4-9-2013 by Ord. No. 190-2013]
Any device which converts wind energy to mechanical or electrical
energy.
An open space unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of the required yard shall be measured
as the shortest distance between the structure and the lot line or
street right-of-way line or, in the case of a street which is not
dedicated to the Township, from the edge of the cartway.
FRONT YARDThe yard between a structure and a street right-of-way line and extending the entire length of the street right-of-way line. In the case of a corner lot, the yards extending along all street right-of-way lines are "front yards." In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all street right-of-way lines are "front yards."
REAR YARDThe yard between a structure and the rear lot line and extending the entire length of the rear lot line. In the case of a corner lot, the yard opposite from and parallel to the street on which the structure fronts shall be considered the "rear yard." In the case of an irregularly shaped lot, the "rear yard" shall be measured from that point where a line 10 feet in length can be drawn between two lot lines, which ten-foot line is parallel to the right-of-way line of the street upon which the structure fronts.
SIDE YARDA yard between a structure and a side lot line, extending from the front yard to the rear yard; in the case of a corner lot, the yard which is not a front yard or a rear yard.
The display and sales of excess possessions on a residential
property in which the merchandise is owned by the property owner or
a full-time resident of the property. The term "yard sale" shall include
all other sales which are of a similar nature, including garage sales,
moving sales, etc.
[1]
Editor’s Note: The former definitions of “base
flood” and “base flood elevation,” which immediately
followed this definition, were repealed 3-8-2016 by Ord. No. 209-2016.
[2]
Editor’s Note: The former definition of “completely
dry space,” added 4-12-2005 by Ord. No. 151, which immediately
followed this definition, was repealed 3-8-2016 by Ord. No. 209-2016.
[3]
Editor’s Note: The former definition of "DER," which
immediately followed this definition, was repealed 5-11-2010 by Ord.
No. 170.
[4]
Editor’s Note: The former definition of “essentially
dry space,” added 4-12-2005 by Ord. No. 151, which immediately
followed this definition, was repealed 3-8-2016 by Ord. No. 209-2016.
[5]
Editor’s Note: The former definition of “flood,”
as amended, which immediately followed this definition, was repealed
3-8-2016 by Ord. No. 209-2016.
[6]
Editor's Note: The former definitions of "floodproof," "floodway,"
as amended, "flood elevation," and "flood fringe," as amended, which
immediately followed this definition, were repealed 3-8-2016 by Ord.
No. 209-2016.
[9]
Editor’s Note: The former definition of “lowest
floors,” added 4-12-2005 by Ord. No. 151, which immediately
followed this definition, was repealed 3-8-2016 by Ord. No. 209-2016.
[10]
Editor's Note: The definitions for "mobile
home," "mobile home lot," and "mobile home park," which immediately
followed this definition, were repealed 4-12-2005 by Ord. No. 151.
[11]
Editor’s Note: The former definition of “new construction,”
added 4-12-2005 by Ord. No. 151, which immediately followed this definition,
was repealed 3-8-2016 by Ord. No. 209-2016.
[12]
Editor's Note: See 53 P.S. § 4001.101
et seq.
[13]
Editor’s Note: The former definitions of “regulatory
flood elevation” and “repetitive loss,” both added
4-12-2005 by Ord. No. 151, which immediately followed this definition,
were repealed 3-8-2016 by Ord. No. 209-2016.
[14]
Editor’s Note: The former definitions of “substantial
damage” and “substantial improvement,” both added
4-12-2005 by Ord. No. 151, which immediately followed this definition,
were repealed 3-8-2016 by Ord. No. 209-2016.
