Township of East Goshen, PA Title; Intent; Definitions

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Article I Title; Intent; Definitions

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§ 240-1 Title.

§ 240-2 Applicability.

§ 240-3 Community development objectives.

§ 240-4 Interpretation.

§ 240-5 Zoning districts and map.

§ 240-6 Definitions; word usage.

§ 240-1 Title.

Long title. A chapter to establish zoning regulations for the use of land and structures, area of lots, bulk of buildings and other structures, density of population, the provisions of off-street parking spaces and similar accessory regulations for the Township of East Goshen, Chester County, Pennsylvania, and for such purposes to divide the Township into zoning districts, and further, to provide for administration, enforcement and amendment thereof, in accordance with the provisions of the Second Class Township Code and the Pennsylvania Municipalities Planning Code, as amended, and to repeal all ordinances in conflict herewith.

Short title. This chapter shall be known and may be cited as the "East Goshen Township Zoning Ordinance of 1997."

§ 240-2 Applicability.

Any of the following activities or any other activity regulated by this chapter shall only be carried out after receipt of a valid Township zoning permit and any additional required Township approval, after the applicant shows compliance with this chapter:

Erection, construction, movement, placement or extension of a structure, building or sign (see § 240-22, which lists signs not required to have a Township permit);

Change of the type of use or expansion of the use of a structure or area of land;

Creation of a lot or alteration of lot lines;

Creation of a new use;

Demolition of a building involving 300 square feet or greater of floor area (see also Article VI of this chapter concerning historic buildings); and/or

Alteration of natural features regulated by this chapter.

§ 240-3 Community development objectives.

Community development objectives are as follows:

To promote, protect and facilitate any or all of the following: the public health, safety, morals and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, airports and national defense facilities; the provisions of adequate light and air, access to incident solar energy, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, recreational facilities, public grounds, the provision of a safe, reliable and adequate water supply for domestic, commercial, agricultural and industrial use and other public requirements; and the preservation of the natural, scenic and historic values in the environment and the preservation of forests, wetlands, aquifers and floodplains.

To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation and loss of health, life or property from fire, flood, panic or other dangers.

To preserve prime agriculture and farmland considering topography, soil type and classification and present use.

To provide for the use of land within the Township for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings and a reasonable range of multifamily dwellings, mobile homes and mobile home parks.

To accommodate reasonable overall community growth, including population and employment growth and opportunities for development of a variety of residential dwelling types and nonresidential uses.

To promote and protect the public health, safety, comfort, convenience, prosperity and other aspects of the general welfare and to meet the specific purposes set forth in the statements of intent of the various regulations for the respective zoning districts.

To meet the goals and objectives stated in the Township Comprehensive Plan and in the Pennsylvania Municipalities Planning Code, as amended.

To mitigate the negative effects of proposed changes on historic resources, encourage the appropriate reuse of historic structures, preserve historic settings and landscapes and discourage the unnecessary demolition of historic resources.

§ 240-4 Interpretation.

Minimum requirements. The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of the health, safety, morals and general welfare. Where this chapter conflicts with any rule, regulation or ordinance, the greater restriction upon the use of buildings or premises, upon the height or bulk of a building or upon requiring larger open spaces shall prevail, regardless of its source. However, nothing in this chapter shall preclude keeping land in its natural state.

Application of wording. The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications (see § 240-5 for interpretation of district boundaries).

Uses not specifically addressed. If a use clearly is not permitted by right, by condition or by special exception by this chapter within any zoning district, that use is prohibited everywhere in the Township, except as may be permitted as follows.

Similar uses (see the standards under conditional uses in the I-1 and BP Districts concerning similar uses). In any other district, the Board of Supervisors may permit as a conditional use a use that is not listed as permitted in any zoning district on a particular site if the applicant proves all of the following to the satisfaction of the Board of Supervisors:

(1)

The proposed use would be closely similar in character, impacts and potential nuisances to uses that are permitted in that district, considering the standards of § 240-44B.

(2)

The proposed use would be compatible with permitted uses in that district and adjacent uses.

(3)

The proposed use would not be contrary to the intent of that district and is not specifically prohibited in that district.

§ 240-5 Zoning districts and map.

Zoning districts. For the purpose of this chapter, the Township of East Goshen is hereby divided into the following districts:

	R-1	Low Density Open Space Residential
	R-2	Low Density Residential
	R-3	Medium Density Residential
	R-4	High Density Suburban Residential
	R-5	Urban Residential
	C-1	Community Commercial
	C-2	Local Convenience Commercial
	C-3	(Reserved for future use)
	C-4	Planned Highway Commercial
	C-5	Government, Finance and Office
	I-1	Light Industrial
	I-2	Planned Business, Research and Limited Industrial Park
	BP	Business Park
	HR	Historic Resources Overlay District*

NOTE:

*Denotes the properties in the Township which are included on the East Goshen Township Historic Resources Inventory[1] which is established pursuant to Article VI of this chapter as enacted by the Board of Supervisors on January 21, 2003.

[1]

Editor's Note: The Historic Resources Inventory is on file in the Township offices.

Uses permitted in zoning districts.

(1)

Unless otherwise provided by law or specifically in this chapter, no land, building or structure shall be used or occupied except for a use permitted in the zoning district within which the land or building or structure is located.

(2)

Permitted uses shall adhere to lot area, lot width, building coverage, height and yard requirements and other applicable provisions of this chapter.

Continuation of existing uses.

(1)

A legally established existing use of a building, structure or land, or part thereof, which constitutes a conforming use under the provisions of this chapter, may be continued.

(2)

A lawful use which occupied a building, structure or land at the effective date of this chapter or any amendment thereto, but does not comply with the use regulations of the district in which it is situated after the effective date of this chapter or any amendment thereto, may be continued as a nonconforming use, provided that Article VII and all other provisions of this chapter are met.

Application of district regulations.

(1)

The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.

(2)

See § 240-2 regarding residential districts.

(3)

No part of a yard, open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(4)

No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

(5)

All territory which may hereafter be annexed to the Township or added as part of a boundary adjustment shall be considered to be zoned R-2 Residential until otherwise classified by the Township.

Zoning Map.

(1)

For the purposes of this chapter, the zoning districts named above shall be of the number, size, shape and location shown on the Official Zoning Map, adopted and included in its entirety as a part of this chapter.[2]

[2]

Editor's Note: The Zoning Map is included at the end of this Code book.

(2)

Regardless of the existence of reproductions of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be maintained in the Township building shall be the final authority regarding the current zoning status of land, buildings and other structures.

(3)

The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors, attested by the Township Secretary and shall bear the adoption date of this chapter under the following or closely similar words: "This is to certify this is the Official Zoning Map."

(4)

Changes of any nature to the Official Zoning Map shall be made in conformity with the amendment procedures set forth in this chapter. All changes should be noted by date, with a brief description of the nature of the change.

(5)

If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions (such as adding new subdivisions), the Board of Supervisors may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but any other type of change shall require an official amendment. The new Official Zoning Map shall be identified by the signatures of the Board of Supervisors, attested to by the Township Secretary and bear the following or closely similar words: "This is to certify this Official Zoning Map supersedes and replaces the Official Zoning Map adopted 6-9-1997 as part of the East Goshen Township Zoning Ordinance of 1997, Township of East Goshen, Chester County, Pennsylvania."

(6)

Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

Rules for interpreting district boundaries.

(1)

Boundaries drawn approximately following the center lines of streams, drainageways, streets, alleys, railroads or other rights-of-way shall be construed to follow such center lines.

(2)

Boundaries approximately following lot lines shall be construed as following such lot lines.

(3)

Boundaries drawn approximately following the center lines of streams shall be construed to follow such center lines, and in the event of change in the center line, shall be construed as moving with the actual center line.

(4)

Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(5)

Where physical features existing on the ground vary with those shown on the Official Zoning Map, or in other circumstances not covered by Subsection F(1) through (4) above, the Zoning Hearing Board shall interpret the district boundaries.

§ 240-6 Definitions; word usage.

General interpretation.

(1)

Words used in the present tense include the future.

(2)

Words in the masculine gender include the feminine and the neuter. The singular includes the plural and the plural includes the singular.

(3)

The word "shall" is always mandatory; the word "may" is permissive.

(4)

"Used" or "occupied" as applied to any land or building includes the words "intended, arranged or designed to be used or occupied."

(5)

"Sale" shall also include "rental."

(6)

If a word is not defined in this chapter, but is defined in Chapter 205, Subdivision and Land Development, as amended, the definition in Chapter 205, Subdivision and Land Development, shall apply. If a word is defined in both this chapter and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.

(7)

Any word or term not defined in this chapter or in Chapter 205, Subdivision and Land Development, as amended, shall be used with its plain and ordinary meaning within the context of the section. A standard reference dictionary should be consulted.

(8)

The words "such as," "includes" and "including" shall provide examples. These examples shall not, by themselves, limit a provision to the examples specifically mentioned if other examples would otherwise comply with the provision.

Definitions. When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise.

ABANDON or ABANDONMENT

The permanent cessation of all uses of a wireless communications facility or a commercial communications antenna.

[Added 12-20-2016 by Ord. No. 129-D-2016]

ABUT

Next to or adjacent to and includes the words "directly across from streets, natural features and rights-of-way."

ACCESSORY BUILDING

A building, such as a private garage, private swimming pool and appurtenant bathhouse, private toolhouse, children's playhouse or a noncommercial greenhouse, which is subordinate and accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building.

ACCESSORY STRUCTURE

A structure serving a purpose customarily incidental to the use of the principal building and located on the same lot as the principal building.

ACCESSORY USE

A use subordinate to the principal use of land or a building on a lot and customarily incidental thereto.

ACT 167

Act 167 of 1961, 53 P.S. § 8001 et seq., authorizing the creation of a Board of Historical Architectural Review, the powers designated to such Board and the certification of historic districts within the Commonwealth of Pennsylvania which come under the preview of such Board.

ACT 247

See Pennsylvania Municipalities Planning Code, as amended.

[1]

ADULT DAY-CARE CENTER

A use providing supervised care and assistance primarily to persons who are over age 60, mentally retarded and/or physically handicapped who need such daily assistance because of their limited physical abilities, Alzheimer's disease or mental retardation. This use shall not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.

ADULT LIVE ENTERTAINMENT FACILITY

A use, whether a nightclub, bar, restaurant, cabaret or similar public establishment which features live entertainment on a regular or intermittent basis by persons who perform or appear in a state of seminudity; provided, however, that entertainment by persons in a state of nudity, as herein defined, shall be excluded.

ADULT MOVIE THEATER

A use involving the presentation typically to three or more persons at one time of motion pictures, video tapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of specified sexual activities for observation by patrons therein and that is related to some form of monetary compensation by the persons viewing such matter. See "adult use."

ADULT STORE or ADULT BOOKSTORE

A use involving more than 15 square feet of total floor area, including any of the following items for sale or rent: books, films, magazines, video tapes, coin- or token-operated films or video tapes, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or specified sexual activities. This shall include, but not be limited to, materials that would be illegal to sell to persons under age 18 under state law. See "adult use."

ADULT USE

This shall include only the following: adult store, adult movie theater, massage parlor or adult live entertainment facility.

AFTER HOURS CLUB

A commercial use or membership club that permits the consumption of alcohol and is routinely open between the hours of 2:00 a.m. to 4:00 a.m., in addition to any other hours. This use generally is prohibited under State Act 219 of 1990.

[2]

AGRICULTURAL/BUSINESS

The processing, treating, packaging or storing of agricultural and dairy products, more than half of which have been grown or raised on the premises.

AGRICULTURAL USES

For purposes of this chapter, the following uses shall be considered agricultural uses:

(1)

CROP FARMINGThe raising, harvesting and selling of crops, including grains, vegetables and fruits, and all structures and activities customarily associated with the activity.

(2)

NURSERYThe outdoor raising of plants, shrubs and trees for transplantation and for sale off the lot where the nursery is located.

(3)

GREENHOUSEA structure used for the indoor raising of plants, shrubs, flowers and trees for transplantation and for sale off the lot where the greenhouse is located.

(4)

ANIMAL HUSBANDRYThe raising and keeping of livestock, poultry, fur-bearing animals, bees, etc., for any commercial purpose, and all structures associated with any of these activities. The keeping of livestock or poultry as farm pets or for domestic purposes pursuant to the regulations of this chapter shall not be construed as animal husbandry.

(5)

AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

[Added 10-29-2002 by Ord. No. 129-Q-02]

ALLEY

A minor way, which may or may not be legally dedicated, and is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

ALTERATIONS

"Alterations" include, but are not limited to, the following:

(1)

All incidental changes or replacements in the nonstructural parts of a building or other structure; or

(2)

Minor changes or replacements in the structural parts of a building or other structure, such as the following examples:

(a)

Alteration of interior partitions to improve livability in nonconforming residential buildings, provided that no additional dwelling units are created thereby;

(b)

Alteration of interior partitions in all other types of buildings or other structures;

(c)

Making windows or doors in exterior walls; or

(d)

As applied to a building or structure, a change or rearrangement in the load-bearing and non-load-bearing structural members, resulting in the extension of any side or an increase in height.

(3)

The moving of a building or structure from one location or position to another or the conversion of one use to another by virtue of interior change.

ALTER or ALTERATION

For the purposes of Article VI of this chapter, shall mean a change in the appearance of a building, structure, site or object which is not otherwise covered by the definition of "demolition" or any other change for which a permit is required or for which a certificate of appropriateness may be required from the Board of Supervisors. "Alteration" includes, but is not limited to, additions of or changes in the materials, shape or design of any kind of exterior cladding; window replacement; the re-roofing, cleaning by chemical means, sandblasting or high-pressure water wash or pointing of a building, structure or object; and removal or changes in supporting members of a building, structure or object, such as bearing walls, roof rafters, floor joists or stairways, which might impair or ruin the structural integrity.

ANIMAL HUSBANDRY

The raising and keeping of livestock, horses, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under § 240-32A, Keeping of animals or fowl, and § 240-32L, Horse barn.

ANIMATED SIGN

A sign with action or motion, flashing or color changes requiring electrical energy, light-emitting diodes (LED) or other light sources as part of the sign or sign face.

[Added 9-4-2012 by Ord. No. 129-F-2012]

ANTENNA, STANDARD

A device, partially or wholly exterior to a building, that is used for receiving and/or transmitting short-wave or citizens band radio frequencies or for receiving television, radio or similar frequencies, but not including a satellite dish antennae or a commercial communications antennae. A standard antenna and the standard antenna support structure shall meet the requirements of § 240-32B and are permitted by right in all districts, provided that a building permit is obtained prior to erection of the same.[3]

[Amended 6-29-2001 by Ord. No. 129-C-01]

APARTMENT

See "dwelling types."

APARTMENT FOR CARE OF RELATIVE

A housing unit especially created for and limited to occupancy by a relative of the residents of the principal dwelling unit, to provide needed care and supervision to such relative. Such unit may also house a spouse of such relative.

APPLICANT

The person(s), company, partnership, profit or nonprofit corporation or trust responsible for a particular application for an approval or permit under this chapter, and his/her heirs, successors and assigns.

ARCADE

A commercial use involving eight or more coin- or token-operated amusement devices.

AREA AND BULK REQUIREMENTS

Those regulations contained within this chapter that address the size, height and bulk of structures, as well as areas, courts, yards and other spaces and distances to be left unoccupied, including, but not limited to, setbacks, open space, height and bulk requirements.

[Added 10-17-2006 by Ord. No. 129-F-06]

ARTERIAL STREET OR HIGHWAY

A street that serves moderate- to long-distance travel with moderate to very high traffic volumes (see listing of arterial streets in § 240-27A).[4]

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides. A basement shall constitute a building story if more than 33 1/3% of the perimeter walls have five feet or more of the walls above-grade and if the net area of door and window openings in the exterior walls are at least equal to 10% of the enclosed floor area. See also the definition of "story."

BED-AND-BREAKFAST

A residential accessory use located wholly within an owner-occupied single-family detached residential dwelling providing public lodging rooms, not meeting the definition of "dwelling unit" and facilities for serving food prepared within the building to preregistered transient guests, which meets the requirements of § 240-31C(3)ss of this chapter.

[Added 3-7-2000 by Ord. No. 129-E-00]

BEVERAGE CAFE

A building measuring not more than 3,500 square feet of gross floor area where beverages and light fare normally and customarily associated with coffee shops or tea rooms are served for on-site or off-site consumption. A beverage cafe may also offer for sale coffee beans, tea, containers, mugs, coffee or tea brewing equipment and other related products. A beverage cafe shall not be considered a fast food restaurant and may have a drive-through lane.

[Added 7-7-2015 by Ord. No. 129-F-2015]

BLOCK

Property bounded on one side by a street and on the other three sides by a street, railroad right-of-way, public park, waterway, Township line or any combination thereof.

BOARD OF SUPERVISORS

The Board of Supervisors of East Goshen Township, or any Board of Commissioners that may succeed the Board of Supervisors.

BOARDINGHOUSE or ROOMING HOUSE

A residential use in which two or more individual rooms that do not meet the definition of a "dwelling unit" are rented for habitation, or a dwelling unit which includes a greater number of unrelated persons than the permitted maximum number. A "boardinghouse" shall not include a use that meets the definition of a "hotel," "dormitory," "motel," "life-care center," "personal-care center," "bed-and-breakfast use," "group home" or "nursing home." A college fraternity or sorority house used as a residence shall be considered a type of boardinghouse. A boardinghouse may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.

BUFFER YARD

A strip of land which may be a part of the minimum setback distance and which is free of any principal or accessory building, parking, outdoor storage or any other use other than open space, including plant screening.

BUILDING

Any structure having a roof supported by columns or walls, used for the shelter, housing or enclosure of persons, animals or property. "Building" is interpreted as including "or part thereof."

BUILDING COVERAGE

The ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot (including covered porches, carports and breezeways, but excluding open patios) by the total area of the lot upon which the buildings are located.

BUILDING HEIGHT

The vertical distance measured from the average level of finished grade along all the exterior walls of a building to:

(1)

The highest point of the roof, in the case of a flat roof;

(2)

The mean height between eaves and ridge, in the case of a pitched roof; or

(3)

The highest point on any structure which rises wholly or partly above the roof line, and whose area equals or exceeds 20% of the ground floor area of the building which supports it. However, if a parapet wall is used to screen rooftop structures, and if there is a flat or relatively flat roof, the building height shall be measured from the highest point of the flat roof, excluding the height of the parapet.

BUILDING SETBACK LINE

The line defining the minimum required distance between a right-of-way line and the location of any structure.

BUILDING/ZONING OFFICER

The municipal officer charged with enforcing the literal terms of this chapter. Persons wishing to construct, alter, reconstruct, repair, restore, demolish or raze all or a part of any historic resource must seek authorization from this officer before commencing work.

BUSINESS INCUBATOR

A building or portion thereof that offers shared or partially shared office, light industry and manufacturing and/or laboratory space, common facilities and shared support services to multiple entrepreneurial companies, the purpose of which is to nurture and develop start-up businesses into profitable enterprises.

[Added 10-1-2019 by Ord. No. 129-D-2019]

BUSINESS OFFICE

See "office."[5]

CAR WASH

A building, or portion thereof, where automobiles are commercially cleaned.

CELLAR

See definition of "story."

CEMETERY

Land or buildings used for the burial of deceased humans, but not animals. The internment or scattering of remains of properly cremated humans is not regulated by this chapter.

CENTER LINE OF STREET

See "street, center line."

CERTIFICATE OF APPROPRIATENESS

The approval statement signed by the Board of Supervisors which certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, restoration, demolition or razing of all or a part of any building, structure, site or object within a certified historic district and authorizes the issuance of a building or demolition permit for said request.

CERTIFICATE OF OCCUPANCY

A permit issued upon completion of the construction of a structure or change in use of structure or parcel of land, indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the certificate.

CHURCH

See "place of worship."

CHICKEN COOP AND RUN

A fenced or other type of enclosure that is mostly open to the elements and includes a henhouse or coop. The chicken coop and run allows the chickens to leave the coop and move around while remaining in a predator-safe environment.

[Added 2-19-2019 by Ord. No. 129-A-2019]

CLASS I HISTORIC RESOURCE

Any of the following:

[Added 1-21-2003 by Ord. No. 129-B-03]

(1)

All sites designated by the Secretary of the Interior as national historic landmarks;

(2)

All buildings, sites, structures, and objects listed individually in the National Register of Historic Places;

(3)

All buildings and structures classified as certified historic structures by the Secretary of the Interior;

(4)

All buildings, sites, structures, and objects documented as contributing resources in a National Register Historic District;

(5)

Any resources which have received a determination of eligibility (DOE) by the Pennsylvania Historical and Museum Commission (PHMC); and

(6)

Any buildings, sites, structures, or objects documented as contributing resources within any historic district which has received a determination of eligibility (DOE) from the PHMC.

CLASS II HISTORIC RESOURCE

May be a building, structure, object or site which:

[Amended 1-21-2003 by Ord. No. 129-B-03; 10-17-2006 by Ord. No. 129-F-06]

(1)

Has significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, county, region, commonwealth or nation, or is associated with the life of a person significant in the past;

(2)

Is associated with an event of importance to the history of the Township, county, region, commonwealth or nation;

(3)

Embodies distinguishing characteristics of an architectural style or engineering specimen;

(4)

Is the noteworthy work of a designer, architect, landscape architect or designer, or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Township, county, region, commonwealth or nation;

(5)

Has yielded, or may be likely to yield, information important in prehistory or history; or

(6)

Exemplifies the cultural, political, economic, social or historical heritage of the community.

CLEAR CUTTING

A logging method that removes all trees, or the vast majority of all trees, from a tract of land or a portion thereof.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street rights-of-way, cartways or center lines.

CLUB, LODGE OR SOCIAL BUILDING

A building to house a club or social organization which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place unless such use is also permitted in that district and the requirements for such use are met.

COLLECTOR STREET

A street that serves short- to moderate-distance travel at speeds usually averaging 40 miles per hour to 45 miles per hour and that typically is intended to carry 2,000 to 10,000 trips per day. These streets serve a mix of intra-regional, intermunicipal and intramunicipal trips (see listing of collector streets in § 240-27A).

CO-LOCATION

The placement or installation of new wireless telecommunication facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities that has been approved by the Township. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.

[Added 7-16-2013 by Ord. No. 129-B-2013]

COMMERCIAL

Intended to be for profit.

COMMERCIAL COMMUNICATIONS ANTENNA

A device used to collect and/or transmit wireless communications or radio signals, including panels, microwave dishes, wires and single poles known as "whips."

[Added 4-7-1998 by Ord. No. 119-B-98]

COMMERCIAL COMMUNICATIONS ANTENNA SUPPORT STRUCTURE HEIGHT

The vertical distance measured from the base of a commercial communications antenna support structure at the undisturbed grade to the highest point of the structure. If the commercial communications antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the commercial communications antenna support structure height.

[Added 4-7-1998 by Ord. No. 119-B-98]

COMMERCIAL COMMUNICATIONS ANTENNA SUPPORT STRUCTURE (TOWER)

A monopole or a lattice-construction steel structure designed and intended solely for the support of and attachment to it of one or more commercial communications antennas and appurtenant communications equipment; a tower.

[Added 4-7-1998 by Ord. No. 119-B-98; amended 5-7-2002 by Ord. No. 129-K-02]

COMMERCIAL COMMUNICATIONS TOWER/ANTENNA

See "antenna."

COMMERCIAL DISTRICT

The C1, C2, C4 and C5 Zoning Districts.

COMMON AREA

That portion of development tract owned in undivided fee interests by the unit owners in such condominium and set aside for their exclusive use and enjoyment.

COMMON LAW CONDOMINIUM

A tract of land described in and subject to a recorded declaration and plan which provide for the subdivision of the land into common law condominium units and common area (being the balance of the tract and of the buildings and improvements not occupied by such units) and shall respectively contain a verbal and graphic description of the title lines of the common law condominium units and the common area. The declaration shall provide for the creation of an association (incorporated or unincorporated) composed of all the owners of common law condominium units within the common law condominium which shall operate and maintain the common area; shall perform such other functions as are not inconsistent with the intents and purposes of this section; and shall have the right to assess common expenses against the unit owners. The declaration may also contain such covenants, grants of easement and conditions relating to the use and enjoyment of the common area which are consistent with the intent and purpose of this section and the overall plan for the open space of which the common law condominium is a part.

COMMON LAW CONDOMINIUM UNIT

A unit of real property owned in separate fee ownership whose title lines are defined by reference to elements of the building within which the unit is located, and which shall include, as an appurtenance thereto, appropriate and necessary easements of structural support and an undivided interest as tenant in common with other owners of units within the same common law condominium, in the common area of such common law condominium.

COMMON OPEN SPACE

See "open space, common."

COMPREHENSIVE PLAN

The document adopted as the Comprehensive Plan, as amended, for the Township of East Goshen by the Board of Supervisors.

CONDITIONAL USE

Certain specified uses which may be suitable in certain areas of a district and are allowed or denied by the Board of Supervisors after recommendation by the Planning Commission pursuant to express standards and criteria set forth in this chapter.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions, created under either the Pennsylvania Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium Act.[6] See "common law condominium."

CONFERENCE CENTER

A facility designed primarily for conventions, meetings and related exhibits of business associations, civic groups and similar organizations, or for training of employees of a corporation and which may include meals provided to attendees of meetings.

CONSTRUCTION

Any or all work necessary for the erection of any building or structure from a combination of materials which form safe and stable structures.

CONTRACTOR'S ESTABLISHMENT

A commercial use which involves administrative offices and the storage of supplies, equipment, machinery and materials for contractors and tradesmen such as but not limited to builders, masons, carpenters, plumbers and trade businesses.

[Added 9-25-2012 by Ord. No. 129-H-2012]

CONTRIBUTING RESOURCE

A building, structure or site adding to the historical significance of an individual property or an historic district.

[Added 1-21-2003 by Ord. No. 129-B-03]

CONVALESCENT HOME

See "personal-care center."

[Amended 12-1-1998 by Ord. No. 129]

CONVERSION

To change or adapt land or structures to a different use, occupancy or purpose.

COOPERATIVE ASSOCIATION

A nonprofit, nonstock corporation which provides one or more services to its members for a fee equal to the cost of supplying such services, and of which all members are users of such services and all users of such services are members.

CORNER LOT

See "lot, corner."

CROP FARMING

The raising, harvesting and selling of crops, including grains, vegetables and fruits, and all structures and activities customarily associated with the activity.

CULTURAL STUDIO

A facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.

[Added 1-21-2003 by Ord. No. 129-B-03]

CURATIVE AMENDMENT

A proposed zoning amendment made to the Board of Supervisors by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which the landowner has an interest.

CYBER CHARTER SCHOOL

An independent public school established and operated under a charter from the Commonwealth of Pennsylvania Department of Education and in which the school uses technology in order to provide a significant portion of its curriculum and to deliver a significant portion of instruction to its students through the Internet or other electronic means. A cyber charter school must be organized as a public, nonprofit corporation. A for-profit entity may not be a cyber charter school. A cyber charter school must comply with all of the charter school requirements as outlined in 24 P.S. § 17-1701-A et seq.

[Added 4-18-2006 by Ord. No. 129-B-06]

CYBER CHARTER SCHOOL CAMPUS

A cyber charter school location where the use of computer and Internet instruction is supplemented through on-site classrooms and facilities designed to enhance the curriculum offerings of the cyber charter school. These facilities include classrooms, art studios, lunch/meeting room, science rooms, a library, administrative offices, conference rooms, and cyber teacher offices. They shall not include athletic fields or outdoor playgrounds. It is anticipated that a cyber charter school campus will have more on-site student-teacher instruction and activity than a cyber charter school.

[Added 3-17-2009 by Ord. No. 129-E-09]

DAY CARE, CHILD

A use involving the supervised care of children under age 16 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school. The following two types of day care are permitted without regulation by this chapter: the care of children by their own relatives; or the care of one to three children within any dwelling unit, in addition to children who are relatives of the caregiver. Such use shall comply with all applicable federal and state laws.

(1)

CHILD DAY CARE AS AN ACCESSORY USEA type of day-care use that provides care for six or fewer children at one time, in addition to children who are relatives of the caregiver.

(2)

CHILD DAY CARE AS A PRINCIPAL USEA type of day-care use that provides care for seven or more children at any one time, in addition to children who are relatives of the primary operator, except that the care of seven or more relatives of employees of a business may occur as an accessory use to that business.

DEMOLITION

In the context of this chapter, the dismantling or tearing down of all or part of any identified historic resource or other building or structure located in a certified historic district, and all operations incidental thereto.

DEMOLITION OF HISTORIC RESOURCE

The razing, destruction or removal, whether deliberately or by neglect of any historical resource in its entirety or in substantial part. "Substantial part" shall be defined as 50% or more of the gross area of all exterior facades on the historic resource as it existed at the time of placement on the Historic Resources Inventory.[7]

[Added 1-21-2003 by Ord. No. 129-B-03]

DENSITY

Unless otherwise stated in this chapter, shall be determined by dividing the total number of dwelling units by the total lot area on the subject lot or tract after deleting land within the future right-of-way of existing streets.

DETACHED

Used to describe a structure which has yards on all sides.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and the storage of materials or equipment.

DIRECTORY SIGN

A sign identifying two or more persons, agencies or establishments located in a place or location common to them all.

[Added 11-1-1999 by Ord. No. 129-G-99]

DISTRIBUTED ANTENNA SYSTEMS (DAS)

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure. Also known as "small cell networks."

[Added 12-20-2016 by Ord. No. 129-D-2016]

DISTRIBUTION

The processing of materials so as to sort out which finished goods are to be transported to different locations and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration and packaging.

DOG

A highly variable domestic mammal (Canis familiaris) closely related to the gray wolf.

[Added 8-11-2015 by Ord. No. 129-G-2015]

DRIVEWAY

A privately owned, constructed and maintained vehicular access from a street or access drive to only one or two dwelling units or commercial, institutional or industrial principal uses.

DWELLING UNIT (or HOUSING UNIT)

A single habitable living unit occupied by only one family. See definition of "family." Each dwelling unit shall have its own toilet, bath or shower, sink, sleeping area, stove, oven and refrigerator, and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area, or shall include a second kitchen, unless specifically permitted by this chapter.

(1)

SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit occupied by one family and which has yards on all sides, is not attached to any other principal building and which is located on one lot.

(a)

The term "single-family detached dwelling" shall be deemed to include a "sectional or modular home" which is designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent perimeter foundation and which complies with the Township building code.[8]

(b)

MOBILE (MANUFACTURED) HOME:

[1]

A type of single-family detached dwelling intended for permanent occupancy and contained in one unit or in two units designed to be joined into one integral unit, which is transportable and 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 is constructed so as to be used without a conventional perimeter foundation. The terms "mobile home" and "manufactured home" have the same meaning.

[2]

As opposed to a "sectional home," a "mobile/manufactured home" does not rest on a permanent perimeter foundation and under federal law is not required to meet the Township's building code.

(c)

The following definition of "mobile/manufactured home" shall apply for the purposes of the floodplain regulations of § 240-26: A transportable, single-family detached dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailer, travel trailers and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

(2)

SEMIDETACHED DWELLING A dwelling unit surrounded on all but one side by yards, located so that one wall is on or adjoining a side lot line and abuts the neighboring house.

(3)

TOWNHOUSE DWELLINGA single-family attached dwelling unit with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction herewith and any portion of one or two unpierced vertical fire-resistant party walls common with an adjoining dwelling, and having yards on at least two sides. Townhouses may be attached back-to-back or side-by-side

(4)

APARTMENT DWELLING A building or group of buildings with common ownership on a lot with four or more dwelling units used specifically for residential purposes and originally constructed as such.

EASEMENT

A right-of-way granted, but not necessarily dedicated, for a private, public or quasi-public purpose.

EDUCATIONAL USE

A use requiring certification, licensing or review by the Pennsylvania Department of Education.

ELECTRIC SUBSTATION

An assemblage of equipment for transforming electric power from a higher to a lower voltage rather than for its generation or utilization.

[Added 3-17-2015 by Ord. No. 129-C-2015]

EMERGENCY

A condition that:

[Added 12-20-2016 by Ord. No. 129-D-2016]

(1)

Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

(2)

Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EMERGENCY SERVICES STATION

A building for the housing of emergency medical, fire or police equipment and for related activities. A membership club may be included if it is a permitted use in that district. This may include housing for emergency personnel while on call.

EMPLOYEES

The highest number of workers (including both part-time and full-time, both compensated and volunteer, and both employees and independent contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in size of a structure or an increase in that portion of a tract of land occupied by an existing use.

ESSENTIAL UTILITIES

Includes sewerage, water, gas and electric lines and related appurtenances used to serve development within the Township, but not including cross-country transmission lines or other utilities not required to serve the Township.

EXTERIOR ALTERATION

The alteration of exterior features which can be seen from a public street or way.

FACADE

The exterior surface of all vertical walls of a building, including any architectural features attached to the exterior of the building, including but not limited to, windows, doors, porches, columns, colonnades, railings, stairs, chimneys, shutters, planter boxes, signs, or any permanent decoration.

[Added 1-21-2003 by Ord. No. 129-B-03]

FAMILY

A single person occupying a dwelling unit and maintaining a household; two or more persons related by blood, marriage, formal foster relationship or adoption occupying a dwelling unit, living together and maintaining a common household, including not more than one boarder, roomer or lodger; or not more than three unrelated persons occupying a dwelling unit, living together and maintaining a common household.

FARM BUILDING OR STRUCTURE

Any building or structure used for agricultural use, including the storing of agricultural equipment or farm produce or products, the housing of livestock or poultry, or the processing of dairy products. The term "farm building or structure" shall not include a dwelling, but shall include a barn, silo, accessory building or structure or any customary farm accessory structure.

[Added 5-7-2002 by Ord. No. 129-J-02]

FCC

Federal Communications Commission.

[Added 12-20-2016 by Ord. No. 129-D-2016]

FENCE

A man-made barrier placed or arranged as a line of demarcation, enclosure or visual barrier that is constructed of wood, chain link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a wall. The term "wall" does not regulate engineering retaining walls, which are permitted uses as needed in all districts.

FIRE STATION or FIRE HOUSE

A building or structure which is used for the storage of fire trucks and related equipment and the operation of a fire company. This term may also include ancillary uses to the fire station which are conducted by the members of the fire company to raise funds to support the fire company's operations which are approved by the Board of Supervisors.

[Added 10-29-2002 by Ord. No. 129-Q-02]

FIREARM

An instrument used in the propulsion of a shot, shell, bullet, missile, rocket or any other object by the action of gunpowder exploded, explosive powder or the expansion of gas.

[Added 12-20-2016 by Ord. No. 129-C-2016]

FLAGPOLE

A flagstaff designed and solely intended for the patriotic display of the flag of the United States of America, or its armed forces, the Commonwealth of Pennsylvania or any political subdivision thereof, or the flag of a group or organization, or combination thereof, and for no other purpose. A flagpole shall not include a standard antenna, a standard antenna support structure, a commercial communications antenna support structure, tower, antenna or any other structure designed, intended or capable of supporting any other use or purpose.

[Added 5-7-2002 by Ord. No. 129-K-02]

FLOOD

A general and temporary inundation of normally dry land areas.[9]

FLOODPROOFING

A combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures and contents of buildings.[10]

FLOOR AREA or GROSS FLOOR AREA

The total area of all floors as measured to the outside surfaces of exterior walls or from the center line of party walls separating two buildings, but excluding crawl spaces, garages, carports, attics without floors, open porches, terraces and cellars.

FLOOR AREA RATIO

The total allowable floor area for a given lot, divided by the area of that lot. (For example, a building containing 15,000 square feet of floor area on a given lot of 10,000 square feet of lot area has a floor area ratio of 1.5).

FOREST

A community of trees, covering at least 10 acres, possessing sufficient uniformity as regards to composition, construction, age, spatial arrangement or condition, to be distinguishable from adjacent communities.

[Added 10-29-2002 by Ord. No. 129-Q-02]

FORESTRY

The management of forests and timberlands, when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

[Added 10-29-2002 by Ord. No. 129-Q-02]

FOWL

Any of the larger domestic birds used for food such as turkey, geese or ducks. A chicken is a type of domesticated fowl subject to separate regulations set forth in § 240-32A of this Zoning Ordinance.

[Added 7-16-2002 by Ord. No. 129-O-02; amended 2-19-2019 by Ord. No. 129-A-2019]

FRONT YARD

See "yard."

FRONT YARD LINE

See "yard line."

GARAGE

An accessory building, either attached to or separate from the principal building, which is used only for storage purposes.

GARAGE, PARKING

A building or portion thereof which is available to the general public, designed or used for the storage of motor vehicles, but which is not used for the repair or maintenance of motor vehicles.

[Added 12-1-1998 by Ord. No. 129]

GARAGE SALE

The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character.

GASOLINE SERVICE STATION

An area of land, together with any structure thereon, used for the retail sale of motor fuel, lubricants and incidental services, such as lubrication and hand-washing of motor vehicles, and the sale, installation or minor repair of tires, batteries or other automobile accessories.

GLARE

A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or the ability to focus.

GOLF COURSE

Either a publicly or privately owned and operated course which shall have a minimum of nine holes of golf. Neither a commercial driving range nor a commercial miniature golf area shall be considered a golf course for purposes of this chapter.

GOLF COURSE DEVELOPMENT TRACT

The total area of the tract of land proposed to be used and developed as a planned golf course development, exclusive of existing public road rights-of-way.

[Added 11-1-1999 by Ord. No. 129-G-99]

GOVERNMENTAL USES

Municipal, county, state or federal government buildings or facilities designed and intended to be occupied by the government or designed and intended for public use sponsored by such government.

GRADE

The elevation of finished ground or paving which adjoins a building.

GROUP HOME

A dwelling unit occupied by unrelated individuals, suffering a medically recognized mental or physical impairment or disability not currently requiring hospitalization, residing together as a single housekeeping unit and using cooking facilities and certain household rooms in common as though they were a family unit.

(1)

See group home standards in § 240-38.

(2)

The term "group home" shall not include any use meeting the definition of a "treatment center."

(3)

The term "group home" shall not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.

GUEST HOUSE

A separate residential building for the temporary accommodation of guests of owners and tenants of a planned residential development (PRD).

HEALTH/EXERCISE/TENNIS CLUBS

A place designated and equipped for the conduct of leisure time or sports activities, including physical training, swimming, court games, field sports, playground and other indoor or outdoor activities, and other customary indoor or outdoor recreational activities.

[Added 4-12-2005 by Ord. No. 129-B-05]

HEIGHT

See "building height."

HELIPAD (or HELIPORT)

An area used for the takeoff and landing of helicopters, together with any related support facilities such as for maintenance, refueling and storage. This chapter is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons or the use of helicopters in occasional on-site construction projects.

HISTORIC RESOURCE

A Class I or Class II historic resource which is listed on the East Goshen Township Historic Resource Inventory.

[Added 1-21-2003 by Ord. No. 129-B-03; amended 10-17-2006 by Ord. No. 129-F-06]

HISTORIC RESOURCE IMPACT STUDY

A study of the potential impacts of proposed land development and/or land disturbance on nearby historic resources, including study of potential means to mitigate negative impacts, required to be submitted to the Township in certain land development scenarios, in accordance with Article VI of this chapter.

[Added 1-21-2003 by Ord. No. 129-B-03]

HISTORIC RESOURCES INVENTORY

The East Goshen Township Historic Resources Inventory,[11] a list and corresponding map indicating the locations of all Class I and Class II historic resources in the Township, including both principal and contributing resources, to which the provisions of Article VI of this chapter apply.

[Added 1-21-2003 by Ord. No. 129-B-03]

HISTORIC STRUCTURE

For the purposes of the floodplain regulations of § 240-26, this term shall mean any structure that is designated a Class I or Class II historic resource.

[Amended 1-21-2003 by Ord. No. 129-B-03]

HISTORIC WALL SIGN

A sign suspended from or otherwise affixed to a wall or vertical surface of a building, whose face is perpendicular to the wall or vertical surface of the building.

[Added 5-4-2004 by Ord. No. 129-D-04]

HOME OCCUPATION

A customary accessory use to a residential dwelling unit which is clearly incidental to the principal residential use of the dwelling unit, and which is carried on only within the dwelling unit or an approved accessory structure on the same lot on which the dwelling is located, and which complies with the standards for home occupations specified in § 240-32J of this chapter, and which is not a "No-impact home based business" as that term is defined in § 240-6 of this chapter.

[Added 10-21-2003 by Ord. No. 129-L-03[12]]

HOME-RELATED BUSINESS

A routine and customary accessory use which:

[Amended 1-2-2001 by Ord. No. 129-A-01]

(1)

Is clearly incidental to the residential use of the dwelling unit; and

(2)

Is not performed within a dwelling unit or accessory structure, such as is the case with a home occupation, but may be administered or managed from the dwelling unit and/or an accessory structure and complies with the standards in § 240-32K.

HORSE BARN

A building or portion of a building used for the shelter of horses belonging to the landowner or tenant residing on the property.

HOSPITAL

A use involving the diagnosis, treatment or other medical or care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve stays overnight shall be considered a medical office or clinic. A "hospital" may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A "hospital" may include a hospice for care of the terminally ill.

HOTEL or MOTEL

A building or group of two or more buildings located on a lot held in single and separate ownership, designed, intended and used principally for providing sleeping accommodations to the transient public in rooms or suites which may include a kitchen facility, and which are provided with a daily maid service. The following ancillary facilities may be provided as an integral part of the hotel or motel; provided, however, that no gambling or electronic gambling devices shall be permitted: restaurant, meeting rooms, banquet facilities and shops for the sale of books, papers, magazines, clothing and sundries to guests; recreation facilities for use only by registered guests such as a swimming pool, exercise area or room; and similar ancillary facilities commonly accessory to a hotel or motel facility. Any use that customarily involves the housing of persons for periods longer than 30 days shall be considered a "boardinghouse" or "rooming house."

HOUSEHOLD PETS

Domesticated animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasures of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.

IDENTIFICATION SIGN

A sign identifying a home occupation, which may specify only the name and/or logo of the home occupation.

[Added 1-2-2001 by Ord. No. 129-A-01]

IMPERVIOUS COVERAGE

The total area of all impervious surfaces on a lot (including building coverage) divided by the total lot area. "Impervious surfaces" shall include areas covered by roofs, concrete, asphalt or other man-made cover which has a coefficient of runoff of 0.7 or higher. The Township Engineer shall decide any dispute over whether an area is impervious.

IMPROVEMENT

An appurtenance developed by human design, including but not limited to buildings, structures, objects, landscape features and manufactured units, like mobile homes, boats, docks, carports and storage buildings.

INDEPENDENT LIVING HOUSING

A dwelling unit, developed as an integral component of a life care development, of the type authorized by the use regulations of the zoning district in which life care development is a use permitted by right or by conditional use.

[Added 5-5-1998 by Ord. No. 119-C-98]

INDUSTRIAL DISTRICT

Includes the I-1, I-2 and BP Districts.

INDUSTRIAL USE

Manufacturing, distribution, warehousing, processing or other operations of a similar scale.

INTERMEDIATE CARE FACILITY

A facility licensed or not as such by the Commonwealth of Pennsylvania operated by a full-time staff in which supervised around-the-clock services and nursing care are provided for a period exceeding 24 hours, for three or more individuals who require only intermittent care to maintain the basic needs of daily living in the areas of hygiene, cooking, cleaning, eating, nutrition, ambulatory care, recreation, community activities and mobility, general safety and similar activities of every day living; an assisted living facility.

[Added 5-5-1998 by Ord. No. 119-C-98]

JUNK

Any discarded, unusable, scrap or abandoned man-made materials or articles, such as the following: metal, building materials, house furnishings, machinery, vehicle parts, aircraft, manufactured homes, plastics and containers. Junk shall not include solid waste that is being temporarily stored within a sanitary container while awaiting imminent collection and proper disposal, or recyclables that await imminent processing and reuse.

JUNKYARD

(1)

An area of land used for the storage of junk or vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.

(2)

Vehicles.

[Amended 7-1-2008 by Ord. No. 129-D-08]

(a)

Vehicles weighing 10,000 pounds GVW or less. The keeping, storage and/or parking, outside of an enclosed building on a lot, of one or more motor vehicles that are wrecked or disabled or do not display current state registration or current state safety inspection stickers shall be deemed to be a "junkyard." Nothing in this section shall prevent a person from storing, inside of a building, a vehicle that is wrecked or disabled, or does not have a current state registration and the current state safety inspection.

(b)

Large vehicles. The keeping, storage and/or parking, outside of an enclosed building on a lot, of one or more vehicles that have a gross vehicle weight in excess of 10,000 pounds and that are wrecked or disabled or do not display current state registration or current state safety inspection stickers shall be deemed to be a "junkyard."

KENNEL

Facility for the keeping of a total of more than 10 dogs and/or cats over three months in age on a lot, or as may be otherwise defined as a kennel under § 240-32. A nonprofit animal shelter is a type of kennel. Such facility shall be constructed to prevent dogs from straying therefrom.

LANDOWNER

The owner of a legal or equitable interest in land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition) or a lessee if he is authorized under the lease to exercise the right of the landowner. See "applicant."

LAND SITE

A tract or parcel of land that contains a wireless communications facility and associated parking, and may include other uses associated with and ancillary to wireless communication transmission.

[Added 4-7-1998 by Ord. No. 119-B-98]

LED SIGN

A type of animated sign which uses light-emitting diodes, liquid crystal displays, or similar technologies to change the message of the sign.

[Added 9-4-2012 by Ord. No. 129-F-2012]

LIFE CARE DEVELOPMENT

(1)

A planned residential development held in private ownership, designed, developed and maintained to serve the housing and personal care needs of persons age 55 or older (provided that nothing herein shall preclude residency by any person under age 55 who is handicapped). A "life care development" shall consist of at least two of the following three components.

(a)

A skilled care facility licensed by the Commonwealth of Pennsylvania;

(b)

An intermediate care facility licensed or not by the Commonwealth of Pennsylvania; and/or

(c)

Independent living housing units requiring no state-issued license.

(2)

With the exception of those of any age suffering from senile dementia and Alzheimer's disease, a life care development shall not include any facility providing housing, custodial, treatment, habilitative or rehabilitative services to those afflicted with drug or alcohol addiction or dependence, mental illness or emotional illness or for those detained for, charged with or convicted of any act punishable under any state or federal penal statute or detained, adjudicated delinquent or dependent under any juvenile code.

[Amended 5-5-1998 by Ord. No. 119-C-98]

LIGHT INDUSTRY

Manufacturing and production establishments with no outside storage of materials, equipment or products.

[Added 10-1-2019 by Ord. No. 129-D-2019]

LOT

A separate parcel of land held in single and separate ownership that is recorded as a lot, or will be recorded after Township final subdivision approval, in the office of the County Recorder of Deeds. (See Sketch A in the Appendix.)

(1)

CORNER LOTA lot bounded on at least two sides by streets whenever the lines of such streets, extended, form an interior angle of 135º or less. A corner lot has a designated front lot line and a designated side street lot line.

(2)

INTERIOR LOTA lot other than a corner lot.

(3)

FLAG LOT OR FLAG-SHAPED LOTAn irregularly-shaped lot characterized by an elongated extension providing access from a street to the principal part of the lot. Such lot is typically the shape of a flag on a flag pole. (See § 240-23B.)

(4)

LANDLOCKED LOTA lot which is surrounded on all sides by one or more lots and does not have a street connection or does not abut a street.

(5)

PARENT LOTA lot of record that exists at the time of application for approval of a particular subdivision and from which one or more new lots are proposed to be created.

(6)

THROUGH LOTAn interior lot having frontage on two streets. Also called a "double frontage lot."

LOT AREA

The horizontal area of land contained within the property lines bounding the lot, excluding any portions thereof within a street right-of-way. The calculation of impervious coverage, as herein defined, shall be applied to the total lot area, exclusive of the area of the lot lying within any street right-of-way.

LOT DEPTH

The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT LINES

The property lines bounding the lot. (See Sketch B in the Appendix.)

(1)

FRONT LOT LINE (STREET LINE)The lot line separating the lot from the abutting street right-of-way. In the case where the property owner owns to the center of the right-of-way, the front lot line shall be the street right-of-way line.

[Amended 7-16-2002 by Ord. No. 129-O-02]

(2)

REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.) Every lot with four or more sides shall have a rear lot line and a rear yard.

[Amended 12-1-1998 by Ord. No. 129]

(3)

SIDE LOT LINEAny lot line other than a front or rear lot line.

(4)

SIDE STREET LOT LINEExists on a corner lot and is a lot line separating a lot from a street.

LOT WIDTH

The horizontal distance between the side lot lines, measured at right angles to the lot depth.

[Amended 6-1-1999 by Ord. No. 129-D-99]

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

MASSAGE PARLOR

(1)

An establishment that meets all of the following criteria:

(a)

Manipulative exercises are performed using the hands and/or a mechanical or bathing device on a person's skin other than the face or neck by another person that is related to certain monetary compensation.

(b)

The person conducting the massage is not licensed as a health care professional or a licensed massage therapist by the state, nor related to the person receiving the massage by blood, adoption, marriage or official guardianship.

(c)

The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor.

(d)

The massages are conducted within private or semiprivate rooms.

(e)

The use is not clearly a customary and incidental accessory use to a permitted exercise club or to a high school or college athletic program.

(2)

See standards under "adult use" in § 240-31.

MECHANICAL EQUIPMENT

Any device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers the energy from the solar energy system to the intended on-site structure.

[Added 3-17-2015 by Ord. No. 129-D-2015]

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.

[Added 7-11-2017 by Ord. No. 129-B-2017]

MEDICAL MARIJUANA DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Commonwealth of Pennsylvania Department of Health (DOH) to dispense medical marijuana.

[Added 7-11-2017 by Ord. No. 129-B-2017]

MEDICAL MARIJUANA GROWER/PROCESSOR

[Added 7-11-2017 by Ord. No. 129-B-2017]

MINERAL EXTRACTION

The act or process of extracting minerals.

[Added 10-29-2002 by Ord. No. 129-Q-02]

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

[Added 10-29-2002 by Ord. No. 129-Q-02]

MINI-MARKET

A retail store selling a variety of food, beverages, drugs, reading material or household supplies and having a floor area not exceeding 2,500 square feet.

MINOR OR LOCAL STREET

A type of street that primarily provides local access for very short trips with typical speeds of 15 miles per hour to 25 miles per hour and with average daily traffic of typically less than 2,000 trips per day.

MOBILE OR MANUFACTURED HOME

See "dwelling unit."

MOBILE OR MANUFACTURED HOME PARK

A lot with the land under single ownership of record and which has been planned and improved for the placement of two or more mobile or manufactured homes occupied as dwellings.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

[Added 7-16-2013 by Ord. No. 129-B-2013]

MONOPOLE

A wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

[Added 12-20-2016 by Ord. No. 129-D-2016]

MOTEL

See "hotel or motel."

MULTIPLE-USE BUILDING

A building which has more than one use, where each use has a minimum gross floor area of 5,000 square feet, and which may or may not consist of different businesses or tenants.

[Added 6-7-2011 by Ord. No. 129-F-11]

MUNICIPALITIES PLANNING CODE or STATE PLANNING CODE

The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.

NATIONAL REGISTER HISTORIC DISTRICT

An area of any size which has been designated as a National Register Historic District pursuant to the requirements of the National Park Service.

NATIONAL REGISTER OF HISTORIC PLACES

A federal list of cultural resources worthy of preservation, authorized under the National Historic Preservation Act of 1966, 16 U.S.C. § 470, as part of a national program to coordinate and support public and private efforts to identify, evaluate and protect the nation's historic and archaeological resources.

NEW CONSTRUCTION

Structure for which the start of construction commenced on or after July 27, 1977, and includes any subsequent improvements to such structures.

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 comply with the standards in § 240-32U of this chapter.

[Added 10-21-2003 by Ord. No. 129-L-03]

NONCONFORMING LOT

A lot which does not conform with the minimum width, depth or area dimensions specified for the district where such lot is situated but was lawfully in existence at the time of enactment of this chapter or a prior zoning ordinance, or is legally established through the granting of a variance by the Zoning Hearing Board.

NONCONFORMING STRUCTURE

A structure which lawfully exists on the effective date of this chapter that could not be built under this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot.

NONCONFORMING USE

A use which does not comply with the applicable use provisions of this chapter, but which was lawfully in existence prior to the enactment of this chapter or a prior zoning ordinance.

NUDITY

The showing of the human male or female genital, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or stimulates the genitals, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast which device stimulates and gives the realistic appearance of nipples and/or areola.

[13]

OBJECT

A material thing of functional, aesthetic, cultural, historic or scientific value that may, by nature or design, be movable yet related to a specific culture, setting or environment. An example would be an Indian totem.

OFFICE

A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical or dental offices, clinics or laboratories, photographic studios and/or television or radio broadcasting studios.

OFFICE, BUSINESS

A business establishment which does not offer, on the premises, a product or merchandise for sale to the public but offers a service to the public. Personal services, such as barber and beauty shops and repair services are not to be included within the definition of "business offices."

OFFICIAL MAP

A map that may be adopted by the Board of Supervisors showing the exact location of the lines of existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closings of the same.

OPEN SPACE

The unoccupied area of a lot. Open space does not include the areas of principal and accessory structures, streets, driveways or parking areas; but may include areas occupied by walkways, patios and porches without roofs, playgrounds and other areas occupied by outdoor recreation or play apparatus, gardens and trees. See "open space, common" and "open space, passive."

OPEN SPACE, COMMON

Land or an area of water or a combination of land and water legally preserved for a minimum ninety-nine-year period or perpetuity and intended for the use and enjoyment of the residents of a development and/or the general public, and which consists of landscaped or natural terrain (including lakes and streams).

(1)

Common open space shall be free of buildings, except for recreational and utility buildings specifically approved by the Board of Supervisors as part of the initial development plan.

(2)

Common open space shall not include street rights-of-way, private streets, any yard or other area required to meet a requirement for an individual building lot or off-street parking areas except for parking areas clearly needed to serve the permitted uses on the common open spaces.

(3)

Common open space may include recreational uses such as tennis courts, squash courts, playgrounds, golf courses, swimming pools or other similar uses that do not primarily involve buildings.

OPEN SPACE, PASSIVE

Open space that does not include active recreation facilities (such as athletic facilities), but which may include trails, picnic areas and pathways, and which is primarily maintained in a relatively natural, landscaped or open grass manner.

[14]

PADOT

The Pennsylvania Department of Transportation, also known as PennDOT, or its successor, and its subparts.

PARENT LOT

See "lot."

PARKING GARAGE

See "garage, parking."

PARKING SPACE

An area with a dustless, all-weather surface, accessible from a public way and used for the storage of an automobile.

PENAL OR CORRECTIVE INSTITUTION

A jail, prison, penitentiary, correctional institution or work release center for adult offenders, and a juvenile detention, shelter care or similar facility, whether public or private, for juveniles who are subject to the jurisdiction of a court or agency under and pursuant to the Pennsylvania Juvenile Act[15] or similar statute of another state.

[Added 9-7-1999 by Ord. No. 129-F-99]

PERMITTED-BY-RIGHT USES

Uses that do not have to be approved as uses by the Zoning Hearing Board or the Board of Supervisors. (A site plan review by the Planning Commission and the Board of Supervisors is required for certain permitted-by-right uses to ensure that the use would comply with all Township ordinances.)

PERSON

Includes a firm, company, corporation, partnership, trust, organization or association, as well as an individual. When used in a penalty provision, "person" shall include the members of such partnership, the officers of such organization, association or corporation and the trustees of such trust.

PERSONAL CARE HOME OR CENTER

A residential use providing residential and support services primarily to persons who are over age 60, physically handicapped and/or developmentally disabled and that is licensed as a personal-care center by the Commonwealth of Pennsylvania.

PERSONAL SERVICE

An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, photography studios, shoe repair shops, household appliance repair shops and other similar establishments, but shall not include any adult uses.

PETS, KEEPING OF

The keeping of domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops.

PLACE OF WORSHIP or CHURCH

A building or group of buildings, including customary accessory buildings designed or intended for public worship by 12 or more persons at a time. Places used for worship by fewer than 12 persons at a time are not regulated by this chapter. For the purpose of this chapter, "place of worship" includes churches, chapels, cathedrals, synagogues, temples and similar designations as well as a maximum of one dwelling unit to house full-time religious leaders and their relatives.

PLANNED GOLF COURSE DEVELOPMENT

A unified development consisting of an eighteen-hole golf course devoted exclusively to golf course use and a combination of single-family detached and carriage house dwellings in which dwelling unit density is calculated by subdividing from the golf course development tract those portions of the tract intended exclusively for such residential development in accordance with the standards established in § 240-30.1.

[Added 11-1-1999 by Ord. No. 129-G-99]

PLANNED RESIDENTIAL DEVELOPMENT (PRD)

A PRD is an area of land controlled by a landowner to be developed as a single entity for a number of dwelling units in a variety of housing types and for those nonresidential uses deemed to be appropriate for incorporation in the design of the planned residential development.

PLANNING COMMISSION

The Planning Commission of East Goshen Township.

PRESERVATION or PROTECTION

When used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

[Added 10-29-2002 by Ord. No. 129-Q-02]

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey.

[Added 10-29-2002 by Ord. No. 129-Q-02]

PRINCIPAL BUILDING

The building in which the principal use of a lot is permitted.

PRINCIPALLY ABOVE GROUND

Where at least 51% of the actual cash value of a structure, less land value, is above ground.

PRINCIPAL USE

The single dominant use or single main use on a lot.

PRIVATE CLUBS AND LODGE

Any building which serves as a meeting place for a selected membership, together with recreation and dining facilities which are not open to the public.

PRIVATE RECREATION FACILITY

Any land or structure designed for or intended for indoor or outdoor recreation, regardless of whether a fee is charged, which is owned by a private for profit enterprise and open to the public.

PUBLIC ESTABLISHMENT

Includes all outdoor places owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, whether open to the public or to patrons invited to attend, whether or not an admission charge is levied.

PUBLICLY OWNED RECREATION

Land and/or facilities that are owned by a government agency or the Township and are available for use by the general public for noncommercial leisure and recreation.

PUBLIC UTILITY

A public utility as that term is defined in the Public Utility Code, 66 Pa.C.S.A. § 101 et seq., as may be amended from time to time.

[Added 3-17-2015 by Ord. No. 129-C-2015]

PUBLIC UTILITY BUILDING

A building constructed by a public utility or a public utility corporation.

[Added 11-13-2001 by Ord. No. 129-F-01; amended 3-17-2015 by Ord. No. 129-C-2015]

PUBLIC UTILITY CORPORATION

Any domestic or foreign corporation for profit that is subject to regulation as a public utility either by the Pennsylvania Public Utility Commission or by an officer or agency of the United States.

[Added 3-17-2015 by Ord. No. 129-C-2015]

PUBLIC UTILITY FACILITY

A facility, other than a building, owned and operated by a public utility or public utility corporation as defined in this chapter.

[Amended 10-21-1997 by Ord. No. 119-A-97; 3-17-2015 by Ord. No. 129-C-2015]

REAR YARD

See "yard, rear."

REAR YARD LINE

See "yard line."

RECONSTRUCTION

Any or all work needed to remake or rebuild all or a part of any identified historic resource to a sound condition, but not necessarily of original materials.

RECREATIONAL VEHICLE OR UNIT

A vehicle, boat, boat trailer or other piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles or units include travel trailers, truck-mounted campers, motor homes, folding tent campers, boats, boat trailers, autos, buses or trucks adapted for vacation use and other vehicles not suitable for daily conventional family transportation. Snowmobiles, minibikes, all-terrain vehicles, go-carts and boat trailers are also deemed recreational vehicles.

RELATED OR RELATIVE

Persons who are closely related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law or parent-in-law. For the purposes of child day-care regulations, "relative" may also include a first cousin. This term shall not include relationships such as second cousins or cousins further removed.

RELATED EQUIPMENT

Any piece of equipment related to, incident to, or necessary for, the operation of a wireless communications facility, either tower or antenna. By way of illustration, not limitation, "related equipment" includes generators and base stations.

[Added 12-20-2016 by Ord. No. 129-D-2016]

REPAIRS

Any or all work involving the replacement of existing work with equivalent material for the purpose of maintenance, but not including any addition, change or modification in construction.

RESIDENTIAL DISTRICT

The R1, R2, R3, R4 and R5 Zoning Districts.

RESIDENTIAL LOT LINES

The lot line of a lot that contains an existing dwelling on a lot of less than 10 acres or is undeveloped and zoned as a residential district.

RESTAURANT

The following types of restaurants are classified for this chapter:

(1)

STANDARD RESTAURANTAn establishment that sells ready-to-eat meals to the public which are clearly primarily consumed within the building or the place of business, and where waiters and/or waitresses serve the clear majority of nonbuffet food and beverages to patrons while the customers are seated. Unless otherwise stated, such restaurant may not include a drive-through lane.

(2)

STANDARD RESTAURANT WITH TAKE-OUT SERVICEA standard restaurant that also involves accessory service to customers who consume the food off-premises. Unless otherwise stated, such restaurant shall not include drive-through service.

(3)

FAST-FOOD RESTAURANTA restaurant that sells ready-to-eat meals to the public and which does not meet the definition of a "standard restaurant." This use typically involves customers making orders at an inside window or service area or cafeteria line, with the food consumed either at seating areas within the building or for take-out for consumption off the premises, and which typically involves customers eating the food outside of the building relatively frequently.

(4)

RESTAURANT WITH DRIVE-THROUGH SERVICEA restaurant that includes service to customers remaining seated in automobiles, either through an exterior window or service area or through service to parked automobiles.

(5)

FOOD STANDA place (such as a snack bar, dairy bar or hamburger or hot dog stand) where customers are served ready-to-eat at an exterior window or service area and where no inside seating facilities are provided and/or which primarily involves the off-site delivery of meals to the homes or businesses of customers.

RETAIL STORE

A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.

RIDING ACADEMY

Any private club or commercial enterprise where equestrian skills are taught on the premises. Equestrian competitions and shows are a permitted accessory use, provided that adequate off-street parking is provided.

RIGHT-OF-WAY

The definition in Chapter 205, Subdivision and Land Development, as amended, shall apply.

ROOFTOP STRUCTURES

All objects, materials, equipment and/or structures extending more than six inches above the roofline of a building, including but not limited to the following: vent stacks, heat pumps, cooling towers, heating, ventilation and air-conditioning units and other mechanical equipment. Rooftop structures shall specifically not include the following: vent stacks that extend 12 inches or less above the roofline, chimneys, parapet walls and antennae. "Rooftop structures" shall be interpreted as including the words "or part thereof." For a pitched roof, for the purposes of this definition, the word "roofline" shall mean "the mean height between the eaves and ridge."

ROOMING HOUSE

See "boardinghouse."

SANITARIUM

An institution for the treatment of chronic diseases or conditions, whether physical, mental or addictive, and/or for medically supervised recuperation of such diseases or conditions, whether inpatient or outpatient; a sanatorium.

[Added 9-7-1999 by Ord. No. 129-F-99]

SATELLITE DISH ANTENNA or SATELLITE ANTENNA

A ground-based reflector, usually parabolic in shape, that receives electronic signals from a satellite. This term shall also include any pedestal or attached structure.

SCHOOL, PRIMARY

Prekindergarten, kindergarten and grades 1 through 8.

[Added 9-7-1999 by Ord. No. 129-F-99]

SCHOOL, PUBLIC OR PRIVATE, PRIMARY OR SECONDARY SCHOOL

An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools.

SCHOOL, SECONDARY

Grades 9 through 12.

[Added 9-7-1999 by Ord. No. 129-F-99]

SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION AND GUIDELINES FOR REHABILITATING HISTORIC BUILDINGS

A federal document stating standards and guidelines for the appropriate rehabilitation and preservation of historic buildings.

SELF-STORAGE DEVELOPMENT

A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

SEMI DETACHED DWELLING or CARRIAGE HOUSE

A dwelling unit surrounded on all but one side by yards, located so that one wall is on or adjoining a side lot line and abuts the neighboring house.

[Added 11-1-1999 by Ord. No. 129-G-99; amended 2-22-2005 by Ord. No. 129-A-05]

SETBACK

See "building setback line."

SEWAGE DISPOSAL SYSTEM, CENTRALIZED/ON-LOT

A centralized sewage disposal system is a public utility system or other system designed to collect, centrally treat and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Township. Any system which is not an approved centralized sewage disposal system shall be deemed an on-lot system.

SHOPPING CENTER

The multiple use of a single property for a group of nonresidential uses, such as, but not limited to, retail stores, restaurants and personal services, that are owned and maintained by a common entity. The shopping center shall be planned and designed as an integrated unit with common vehicular and pedestrian access, parking, utilities and stormwater management facilities.

[Added 7-7-2015 by Ord. No. 129-F-2015]

SIDE YARD

See "yard."

SIDE YARD LINE

See "yard line."

SIGN

A lettered board, structure, display, illustration or other surface, or any other graphic device used to visually announce, advertise or convey information to the public for any purpose, and which is visible from outside of a building.

(1)

DIRECTIONAL SIGNAn informational sign indicating direction, entry or exit, loading or service area, fire lanes, parking, no trespassing or similar information incidental to the primary use and not itself advertising that use.

(2)

FREESTANDING SIGNA sign and supporting structure which is self-supporting upon the ground or which is supported by means of poles, pylons or standards in the ground. A freestanding sign is not attached to a building except by secondary supports such as guy wires.

(3)

IDENTIFICATION SIGNA sign identifying a home occupation or identifying the use of a property, but one that has no advertisement.

(4)

ILLUMINATED SIGN, DIRECTA sign which is designed to be illuminated by artificial light from a source adjacent to or outside of the sign in such a manner that the source of the light is not directly visible from the street or any other intended vantage point of the sign.

(5)

ILLUMINATED SIGN, INDIRECTA sign which is designed to be illuminated by light from within the sign rather than a source adjacent to or outside of the sign.

(6)

MENU BOARDA sign that (only) lists types and prices of food and beverage offered for sale. Such sign includes but is not limited to a bill of fare or a price list.

(7)

MOVABLE SIGNA sign which is not secured or attached to a structure or to the ground.

(8)

NAMEPLATE SIGNA sign indicating only the name and/or address of persons or person residing on or legally occupying the premises.

(9)

OFFICIAL SIGNA sign erected by the state, county, Township or other legally constituted governmental body.

(10)

OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered or located at a location other than the lot upon which the sign is located. This includes signs commonly called "billboards."

(11)

POLITICAL SIGNA sign which indicates the name, cause or affiliation of a person seeking public office or on which reference is made to an issue for which a referendum is scheduled to be held.

(12)

PUBLIC SERVICES SIGNA sign which advertises availability of rest rooms, telephone, meeting times of service organizations or other similar public conveniences.

(13)

TEMPORARY SIGNA sign constructed of paper, cloth, canvas, wood, metal or any lightweight material intended to be displayed for a short period of time, normally less than 30 days.

(14)

TIME AND TEMPERATURE SIGNSA sign or portion of a sign whose sole purpose is to indicate the time and/or temperature.

(15)

VEHICULAR SIGNA sign affixed or painted on a vehicle, trailer or similar device.

(16)

WALL SIGNA sign posted on, painted on, suspended from or otherwise affixed to a wall or vertical surface of a building which does not project more than 12 inches from the wall or vertical surface to which it is attached.

(17)

WALL-SIGNABLE AREAA continuous rectangular area on the wall of a building.

(18)

WINDOW SIGNA temporary sign attached to or affixed to the interior of a window or door, or a sign which is readily visible and can be read from the exterior through a window or door from a distance of 20 feet therefrom. Such sign shall not be internally illuminated.

SIGN, HEIGHT OF

The vertical distance measured from the average ground level immediately below a sign to the highest point of the sign and its supporting structure.

SILO

A tall cylindrical structure that is located on a farm and is used to store crops for animal feed.

[Added 5-7-2002 by Ord. No. 129-K-02]

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot.

SINGLE-FAMILY CLUSTER DEVELOPMENT

A unified residential development of single-family detached dwellings that permits certain reduced lot dimensions and that requires the provision of common open space.

SITE ALTERATION

Include regrading the existing topography, filling lakes, ponds, marshes or floodplains, clearing vegetation or altering watercourses.

SKILLED CARE FACILITY

A facility licensed as such by the Commonwealth of Pennsylvania operated by a full-time staff in which nursing care and related medical or other health services are provided for a period exceeding 24 hours, for three or more individuals who are not acutely ill and not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or medical infirmity, need around-the-clock supervised care and supervision; a nursing home.

[Added 5-5-1998 by Ord. No. 119-C-98]

SOIL SURVEY

A scientific survey of soil conditions and characteristics prepared by the former United States Soil Conservation Service or current Natural Resources Conservation Service.

SOLAR ACCESS

A property owner's right to have sunlight shine on the owner's land.

[Added 3-17-2015 by Ord. No. 129-D-2015]

SOLAR ENERGY COLLECTOR

A structure used to collect energy from the sun that is used to produce heat or electricity.

[Added 5-7-2002 by Ord. No. 129-K-02]

SOLAR ENERGY SYSTEM

An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. This definition shall include the terms "passive solar" and "active solar" systems.

[Amended 3-17-2015 by Ord. No. 129-D-2015]

SOLAR GLARE

The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

[Added 3-17-2015 by Ord. No. 129-D-2015]

SOLID WASTE TRANSFER FACILITY

A type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste.

SPECIAL EXCEPTION USE

A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, and provided that the use complies with the conditions and standards required by this chapter.

SPECIFIED SEXUAL ACTIVITIES

One or more of the following:

(1)

Human male genitals in a visible state of sexual stimulation.

(2)

Acts of human masturbation, sexual intercourse, oral sex or sodomy.

(3)

Fondling or other erotic touching of human genitals.

STANDARD ANTENNA HEIGHT

The height of a standard antenna and/or standard antenna support structure shall be measured as follows:

[Added 6-29-2001 by Ord. No. 129-C-01]

(1)

The height of a standard antenna and/or standard antenna support structure unsupported by a separate foundation which is attached to a building shall be measured from the average level of the finished grade along the exterior of the building to which the antenna is attached to the top of the highest point of the antenna.

(2)

The height of a standard antenna and/or standard antenna support structure which has a separate foundation and is also attached to a building (not on the roof) shall be measured from the ground level at the point where the antenna is anchored to the ground to the top of the highest point of the antenna.

(3)

The height of a standard antenna and/or standard antenna support structure which has a separate foundation and is detached from any building shall be measured from the average ground level of a circle with a center where the antenna is anchored to the ground and extending a radius of ten feet to the top of the highest point of the antenna.

STANDARD ANTENNA SUPPORT STRUCTURE

Any pole, mono pole, telescoping mast, tower, tripod, lattice construction steel structure or similar structure which supports or has attached to it a standard antenna(s).

[Added 6-19-2001 by Ord. No. 129-C-01]

STANDARD RESTAURANT

See "restaurant."

STATE

The Commonwealth of Pennsylvania and its agencies.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications facilities and antennas which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

[Added 12-20-2016 by Ord. No. 129-D-2016]

STEEPLE

A tall tapering structure narrowing to a point at the top that is located on the roof of or is a part of the superstructure of a church or other place of worship.

[Added 5-7-2002 by Ord. No. 129-K-02]

STEEP SLOPES

Unless otherwise stated, shall mean areas with a change in elevation equal or greater than 15%. Such slopes shall be based upon and mapped using two-foot contours, unless another interval is preapproved by the Zoning Officer (see §§ 240-25 through 240-28 concerning steep slope development). Unless otherwise stated, steep slopes that were clearly man-made and not naturally steep shall not be regulated by the steep slope regulations of this chapter.

STORAGE SHED

A self-contained structure to be used solely for the purpose of enclosing, protecting and/or securing objects used in the normal operation and/or maintenance associated with the principal use of the property.

STORY AND HALF STORY

That portion of a building, included between the surface of any floor and the ceiling next above it that is routinely accessible by humans and has an internal height of not less than 6.5 feet shall be considered a full story. Any such portion of a floor of a building having an internal height of less than 6.5 feet shall be considered a half story. In addition, if more than 33% of the perimeter walls around the ground level are below grade, then such ground level shall not be considered to be a story. See also the definition of "basement."

STREET

A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, parkway, drive, lane, boulevard, highway, road and any other thoroughfare except an alley. (A public street is dedicated to and maintained by the Township.)

STREET, CENTER LINE

The center line of a street which is at an equal distance from both right-of-way lines.

STREET CLASSIFICATIONS

(1)

ARTERIAL STREET OR HIGHWAYA street that serves moderate- to long-distance travel with moderate to very high traffic volumes (see listing of arterial streets in § 240-27A).

(2)

COLLECTOR STREETA street that serves short- to moderate-distance travel at speeds usually averaging 40 miles per hour to 45 miles per hour and that typically is intended to carry 2,000 to 10,000 trips per day. These streets serve a mix of intra-regional, intermunicipal and intramunicipal trips (see listing of collector streets in § 240-27A).

(3)

MINOR OR LOCAL STREETA type of street that primarily provides local access for very short trips with typical speeds of 15 mile per hour to 25 miles per hour and with average daily traffic of typically less than 2,000 trips per day.

STREET LINE

See "lot lines."

STRUCTURE

Any man-made object having ascertainable stationary location on land or water or on land and water, whether or not affixed to the land. The term "structure" shall include, but not be limited to: buildings, signs, fences, walls, towers, swimming pools, porches, garages, flagpoles, windmills, watertowers, silos, solar energy collectors, and similar constructions. "Structures" shall be interpreted as including the words "or part thereof."

[Amended 5-7-2002 by Ord. No. 129-K-02]

SUBDIVISION

See the definition in Chapter 205, Subdivision and Land Development.

[16]

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred "substantial damage," as defined herein, regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions.

(2)

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SUBSTANTIALLY CHANGE

[Added 12-20-2016 by Ord. No. 129-D-2016]

(1)

Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

(2)

Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

SUPERVISORS

See "Board of Supervisors."

SWIMMING POOL

A temporary or permanent structure containing a pool of water with a depth of more than two feet, which is used or intended to be used for swimming or bathing.

(1)

SWIMMING POOL, HOUSEHOLDA man-made area with walls of man-made materials intended to enclose water at least two feet deep for recreational bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests.

(2)

SWIMMING POOL, NONHOUSEHOLDA man-made area with walls of man-made materials intended to enclose water at least two feet deep for recreational bathing or swimming and that does not meet the definition of a "household swimming pool."

TAVERN

A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of a "nightclub" or an "after-hours club." The sale of food may also occur. See also the definition of "restaurant."

TOWNHOUSE

See "dwelling unit."

TOWNSHIP

The Township of East Goshen, Chester County, Pennsylvania.

TOWNSHIP PARK

See "publicly owned recreation."

TOWNSHIP SECRETARY

The person authorized by the Board of Supervisors to be the Secretary of the Township.

TRACT

The combined total lot area of the lot or lots that are held in single ownership and are proposed for development. In the case of a lot proposed to be subdivided into individual lots, the tract shall be the original lot.

TRADE SCHOOL

A facility that is primarily intended for education of a work-related skill or craft or a hobby and that does not primarily provide state-required education to persons under age 18. This shall include a dancing school, martial arts school or ceramics school.

TREATMENT CENTER

A use (other than a prison or a permitted accessory use in a hospital) providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays of less than one year and who need such facilities because of:

(1)

Criminal rehabilitation, such as a criminal halfway house or a treatment/housing center for persons convicted of driving under the influence of alcohol;

(2)

Addiction to alcohol and/or a controlled substance; or

(3)

A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others. (For housing of persons with other types of mental illness, see "group home.")

TREE

Any woody perennial plant usually having one or more main stems or trunks and more or less definitely formed crowns and growing to a height of 15 feet or more at maturity.

[Added 10-29-2002 by Ord. No. 129-Q-02]

TRUCKING COMPANY TERMINAL

A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer trucks. This shall not include a use that involves significant processing, such as a feed and grain mill. A use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a distribution use.

UNREASONABLE ECONOMIC HARDSHIP

The inability of an owner to obtain a reasonable economic return or a reasonable beneficial use from an historic resource as specified by the United States Supreme Court in Penn Central Transportation Company v. New York City, 438 U.S. 104 (1978), and subsequent decisions.

USE

Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity or occupation carried on, or intended to be carried on in a building or other structure or a tract of land.

VARIANCE

The granting of specific relief by the Zoning Hearing Board pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code.

VEHICLE TRIP

A single or one direction vehicle movement with either origin or destination (exiting or entering) inside the study site. (Source: Institute of Transportation Engineering Trip Generation Manual, Fourth Edition).

WALL

See "fence."

[Added 7-16-2002 by Ord. No. 129-O-02]

WATER SUPPLY SYSTEM, CENTRALIZED

A Pennsylvania Public Utility Commission regulated system or a system created pursuant to the Municipal Authorities Act, 53 P.S. § 10101 et seq., and designed to transport water from a common source to users in compliance with the requirements of the appropriate state agencies and the Township. Any system not deemed a centralized water supply system shall be an on-lot system.

WATER SUPPLY SYSTEM, ON-LOT

A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.

WATERTOWER(S)

A structure owned and operated by a company which is regulated by the Pennsylvania Public Utility Commission that is used to store water, a watertank.

[Added 5-7-2002 by Ord. No. 129-K-02]

WETLANDS

An area of land and/or water meeting one or more definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations, whichever is more inclusive.

WINDMILL

A machine that is worked by the wind by means of vanes that radiate from a central shaft, which is used to produce energy or perform work.

[Amended 5-7-2002 by Ord. No. 129-K-02]

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS EQUIPMENT BUILDING

A building or cabinet in which electronic receiving, relay or transmitting equipment for a wireless communications facility is housed. A commercial communications equipment building.

[Added 4-7-1998 by Ord. No. 119-B-98]

WIRELESS COMMUNICATIONS FACILITY

The commercial communications antenna(e), commercial communications antenna support structure, wireless communications equipment building, parking and/or other structures and equipment involved in receiving or transmitting wireless communications or radio signals. A commercial communications facility.

[Added 4-7-1998 by Ord. No. 119-B-98]

YARD

An open space on the same lot with a building or group of buildings measured from specified lot lines which restricts the locations of buildings and structures and which is required to be unoccupied and unobstructed from the ground upward, except as herein permitted. (See Sketch J in the Appendix.)

(1)

YARD, FRONTA yard extending the full width of the lot measured parallel to the front lot line.

(2)

YARD, REARA yard extending the full width of the lot measured parallel to the rear lot line.

(3)

YARD, SIDEA yard extending from the front yard to the rear yard measured parallel to each side lot line.

(4)

YARD, SIDE STREETA yard extending from the front yard to the rear yard measured parallel to the nearest side street lot line. A side street yard has the same requirements as a front yard.

YARD LINE

A line drawn parallel to the corresponding lot line at a distance specified for the required depth of yard in each respective case.

ZONING HEARING BOARD

The Zoning Hearing Board of East Goshen Township.

ZONING OFFICER

The administrative officer charged with the duty of enforcing the provisions of this chapter.

ZONING PERMIT

A permit issued indicating (to the best knowledge of the Zoning Officer) that a proposed use, building or structure is in accordance with the provisions of this chapter and which authorizes an applicant to proceed with said use, building or structure.

[1]

Editor's Note: 53 P.S. § 10101 et seq.

[2]

Editor's Note: See 18 Pa.C.S.A. § 7327 et seq.

[3]

Editor's Note: The former definition of the term "antenna/tower, commercial communications," which immediately followed this definition, was repealed 4-7-1998 by Ord. No. 119-B-98.

[4]

Editor’s Note: The definitions of “base flood” and “base flood elevation,” which immediately followed this definition, were repealed 7-11-2017 by Ord. No. 129-C-2017.

[5]

Editor's Note: The former definition of "carriage home," added 11-1-1999 by Ord. No. 129-G-99, was amended 2-22-2005 by Ord. No. 129-A-05. See now the definition of “semidetached dwelling or carriage house.”

[6]

Editor's Note: Former 68 P.S. §§ 700.101 through 700.805, the Pennsylvania Unit Property Act, was repealed 1980, July 2, P.L. 286, No. 82. See now 68 Pa.C.S.A. § 3101 et seq., the Pennsylvania Uniform Condominium Act.

[7]

Editor's Note: The Historic Resources Inventory is on file in the Township offices.

[8]

Editor's Note: See Ch. 100, Building Construction.

[9]

Editor’s Note: The definition of “floodplain,” which immediately followed this definition, was repealed 7-11-2017 by Ord. No. 129-C-2017.

[10]

Editor’s Note: The definition of “floodway,” which immediately followed this definition, was repealed 7-11-2017 by Ord. No. 129-C-2017.

[11]

Editor's Note: The Historic Resources Inventory is on file in the Township offices.

[12]

Editor's Note: This ordinance also provided for the repeal of the former definitions of “home occupation, major” and “home occupation, minor,” both of which were added 1-2-2001 by Ord. No. 129-A-01.

[13]

Editor's Note: The definition of the term "nursing home," which immediately followed this definition, was repealed 5-5-1998 by Ord. No. 119-C-98.

[14]

Editor's Note: The former definitions of the terms "ordinance, this" and "PA," which immediately followed this definition, were deleted 12-1-1998 by Ord. No. 129.

[15]

Editor's Note: See 42 Pa.C.S.A. § 6301 et seq.

[16]

Editor's Note: The former definition of the term "subdivision ordinance or subdivision and land development ordinance," which immediately followed this definition, was deleted 12-1-1998 by Ord. No. 129.