Words used in the present tense shall include the future tense.
Words in the singular shall include the plural, and words in the plural shall include the singular.
Words in the masculine shall include the feminine and the neuter.
The word "shall" or "must" is mandatory.
The word "may" is permissive and the word "will" is directory.
The word "person" includes "individual," "corporation," "partnership," "organization," "association," "trust" or other similar entities.
The words "used for" include "designed for," "arranged for," "intended for," "maintained for" or "occupied for."
The word "building" shall be construed as if followed by the phrase "or part thereof."
Any word or term not defined herein shall be used with a meaning of standard usage.
Terms or words used in this chapter, unless otherwise expressly stated, shall be construed as defined below. When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
- ABANDONED VEHICLE
- Any inoperable vehicle lacking a currently effective state license or inspection sticker.
- The state of being side by side, next to or adjoining one another.
- ACCESS DRIVE
- An improved cartway or paved service road designed to provide vehicular access between the public road and the off-street parking area for the designated use.
- ACCESS POINT
- A clearly defined point of ingress and egress for vehicles at the street line.
- ACCESSORY BUILDING OR STRUCTURE
- A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal use.
- ACCESSORY USE
- A subordinate use of a portion of a lot which is customarily incidental to the main or principal use of land or of a building on a lot.
- 43,560 square feet.
- The Pennsylvania Municipalities Planning Code, as amended and codified in 53 P.S., § 10101.
- ACT 247
- The Pennsylvania Municipalities Planning Code, as amended and codified in 53 P.S., § 10101.
- ADAPTIVE REUSE AND REDEVELOPMENT OVERLAY
- A special overlay district established to permit the planned reuse, division and/or redevelopment of existing buildings, structures and land areas within certain zoning districts, subject to the requirements of § 155-45 of the Caln Township Code.
- The state of being side by side, next to or adjoining one another.
- ADMINISTRATIVE OFFICE(S)
- An establishment primarily engaged in overall management and supervisory functions, such as executive, personnel, finance, legal and sales activities, typically performed in a single location or building for other branches or divisions of the same company.
- ADT (AVERAGE DAILY TRAFFIC)
- The average number of vehicles that pass over a given point per day.
- ADULT, AGE QUALIFIED CONTINUING CARE RETIREMENT COMMUNITY
- A unified planned residential development servicing the housing, personal needs and care of older persons, who are generally 55 years of age or older, within residential units, and as further defined in this chapter of the Code. This use is intended to provide housing opportunities for older persons in accordance with the Fair Housing Act.
- ADULT BUSINESS USE or ADULT ENTERTAINMENT USE
- Any adult arcades, adult bookstore, adult cabaret, adult theater, adult mini motion-picture theater, adult novelty stores, adult video stores, escort agencies, nude model studios, sexual encounter centers, nontherapeutic massage parlor or other similar adult business uses or adult entertainment uses, whereas, under the provisions of the Caln Township Code and the State Obscenity Code, as amended, must exclude minors or may not knowingly disseminate to minors. The following subdefinitions shall also apply to adult business uses or adult entertainment uses:
- ADULT TRAINING FACILITY
- A facility which provides supervision and/or instruction on a daily basis for one or more individuals who have a physical or mental disability who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized and/or licensed and whether operated for profit or not for profit. An adult training facility shall also be considered as an adult day-care facility.
- AGRICULTURAL OPERATION
- An 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.
- AGRICULTURE (GENERAL)
- The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry and animal husbandry. This chapter of the Code outlines the limitations for general agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act, as amended.
- AGRICULTURE (INTENSIVE)
- Specialized agricultural activities, including but not limited to mushroom, egg and poultry production, and dry lot livestock production, which due to the intensity of production or raw material storage needs, necessitate special control of operation, raw material storage and processing, and disposal of liquid and solid wastes. Intensive agricultural activities shall also include general agricultural activities exceeding the standards and specifications outlined under this chapter. This chapter also outlines the limitations for intensive agricultural activities. These limitations shall not disrupt any of the rights and privileges established under the Pennsylvania Agricultural Security Act, as amended.
- ALLUVIAL SOILS
- Soils which have been formed in alluvium and deposited by past stream or flooding conditions.
- Soil material such as sand, silt or clay that has been deposited on land by past stream or flooding conditions.
- Any change or rearrangement in the structural parts or in the existing facilities of a building or structure, such as bearing walls, columns, beams, girders, joists, rafters, headers or enclosed walls, or any enlargement or modification thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another, or any other change of use of a building or a lot.
- ANIMAL HOSPITAL or CLINIC
- A professional veterinary establishment used for the diagnosis, care and treatment of ailing or injured animals, which may include overnight accommodations. The overnight boarding of healthy animals shall be considered a kennel.
- ANIMAL HUSBANDRY
- The raising and keeping of livestock and poultry for any
commercial purpose. The keeping of livestock and poultry as domestic
pets as defined within the Caln Township Code shall not be considered
as animal husbandry.[Amended 12-3-2015 by Ord. No. 2015-06]
- ANIMAL UNIT
- Farm animals or livestock equaling 1,000 pounds per animal unit.
- Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc), microwave
antenna, whip antenna or any other wireless antenna. An antenna shall
not include tower-based wireless communications facilities defined
herein.[Amended 11-20-2014 by Ord. No. 2014-04]
- ANTENNA HEIGHT
- The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
- ANTENNA SUPPORT STRUCTURE
- Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
- ANTIQUE SHOP
- A commercial establishment for the sale of antiques such as clocks, lamps, clothing, rugs, jewelry, furniture and similar items.
- APARTMENT BUILDING
- A single building on a single lot which contains at least
three dwelling units which may be separated horizontally and/or vertically.[Added 10-10-2013 by Ord. No. 2013-07]
- APARTMENT COMPLEX
- A group of two or more apartment buildings built on a lot
or lots which shall also include common amenities and recreational
facilities for the use of the apartment residents, such as but not
limited to office space for uses associated with the apartment development,
swimming pools, fitness rooms, recreational areas, open space and
common parking areas.[Added 10-10-2013 by Ord. No. 2013-07]
- A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
- APPLICATION FOR DEVELOPMENT
- Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
- APPOINTING AUTHORITY
- The Caln Township Board of Commissioners.
- An architect registered by the Commonwealth of Pennsylvania.
- Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.[Added 9-12-2013 by Ord. No. 2013-06]
- ASSISTED LIVING UNIT
- A residential facility for the housing and care of elderly, frail or disabled persons.
- That part of a building, which is immediately below and wholly or partly within the roof framing.
- AUCTION HOUSE
- A commercial establishment where goods are sold at auction, including space devoted to sales and storage, off-street loading and unloading spaces and all off-street parking spaces.
- AUTOMOBILE LEASING
- Any building or land area devoted to leasing of vehicles.
Such use shall not permit the retail sale of vehicles.[Added 6-8-2017 by Ord. No. 2017-01]
- AUTOMOBILE SALES
- Any building or land area devoted to the sale of new or used vehicles, including customary service and repair facilities within an enclosed building.
- AUTOMOBILE SERVICE STATION
- Any building or land area devoted to the repair, servicing, restoration, reconstruction and maintenance of vehicles, including the retail sale of gasoline, motor oil, car washes, batteries and other similar vehicular accessories.
- AUTOMOTIVE TRADE SCHOOL
- A commercial school carried on as a business for the vocational
teaching and training of a trade or skill in the automotive field.[Added 10-30-2008 by Ord. No. 2008-9]
- That portion of a building that is partly or completely below the grade plane. A basement shall be considered a story above grade plane when the finished surface of the floor above the basement is as follows: more than six feet above the grade plane; more than six feet above the finished ground level for more than 50% of the total building perimeter; and/or more than 12 feet above the finished ground level at any point.
- The use and occupancy of a single-family detached dwelling for the purpose of accommodating transient guests for compensation or rent up to a maximum of 10 consecutive days.
- A tract of land or a lot or group of lots bounded by streets, public parks, railroad rights-of-way, watercourses or bodies of water, boundary lines of the Township, or by any combination of the above.
- The Board of Commissioners of the Caln Township, Chester County, Pennsylvania.
- BOARD OF COMMISSIONERS
- The Board of Commissioners of Caln Township, Chester County, Pennsylvania.
- The use and occupancy of a single-family detached dwelling for the purpose of accommodating four or less transient guests for rent or compensation.
- BUFFER YARD
- A continuous strip of land which is clear of all buildings and paved areas and is adequately landscaped in accordance with this chapter.
- Any combination of material forming any structure, which is erected on the ground and permanently affixed thereto, whereas the framed components or structural parts are designed for the complete enclosure (with walls and a roof) and support for individuals, animals or property of any kind.
- BUILDING AREA
- The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on a lot, excluding unroofed porches, paved terraces, steps, eaves and gutters, but including all enclosed extensions.
- BUILDING COVERAGE
- The percentage of a lot covered by principal and accessory buildings.
- BUILDING ENVELOPE
- The area of a lot that has no building or construction restrictions such as building set back requirements, rights-of-way, easements, floodplains, wetlands, steep slopes or similar restrictions as defined in this chapter.
- BUILDING FRONTAGE
- The front of a building considering the location of the main entrance and the public street providing access. For corner lots, the building frontage shall be established along both streets to which the building has frontage or access.
- BUILDING HEIGHT
- The vertical distance measured from the grade plane to the average roof height, as further defined by the appropriate building codes adopted by Caln Township.
- BUILDING-INTEGRATED SYSTEM
- A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surface of walls, windows openings
or roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other façade
material; into semitransparent skylight systems; into roofing systems,
replacing traditional roofing materials; or other building or structure
envelope systems.[Added 9-12-2013 by Ord. No. 2013-06]
- BUILDING LENGTH
- The measurement of a building in one general direction.
- BUILDING-MOUNTED SYSTEM
- A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Township and that is either the principal structure
or an accessory structure on a lot. This system also includes any
solar-based architectural elements.[Added 9-12-2013 by Ord. No. 2013-06]
- BUILDING SETBACK
- The minimum distance a building or structure must be set back from the ultimate street right-of-way line (where it exists) or from the street legal right-of-way line (where the ultimate right-of-way does not exist) of the street immediately adjacent thereto.
- BUILDING SETBACK LINE
- The line within a property establishing the minimum required distance between any building or structure, or portions thereof, to be erected or altered and a street right-of-way (except the right-of-way of a service street). The distance shall be measured at right angles from the street right-of-way line which abuts the property, and the building setback line shall be parallel to said right-of-way line.
- CALIPER or CALIPER AT BREAST HEIGHT
- The diameter of a tree trunk, as measured 54 inches from the ground surface.
- A plot of ground upon which two or more campsites are located for occupancy, regardless whether a fee has been charged for the occupancy of such space.
- CAMPING UNIT
- A tent or camping vehicle located on a campsite.
- A plot of ground within a campground for the use of a single camping unit.
- CARBONATE GEOLOGY OVERLAY DISTRICT
- A conservation overlay of land and water, which are generally underlain by geological features with limestone and dolomite characteristics, as categorized and defined under § 155-38 of the Code.
- A building open on two or more sides and used in association with a dwelling for the storage of private motor vehicles.
- The portion of a street right-of-way, whether paved or unpaved, designed for vehicular use.
- The smallest basic solar electric device which generates
electricity when exposed to light.[Added 9-12-2013 by Ord. No. 2013-06]
- A story partly below the finished grade, having at least 1/2 of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.
- Land used or intended to be used for the burial of human remains and may include columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
- CERTIFICATE OF USE AND OCCUPANCY
- A statement issued and enforced by the Zoning Officer, whereas upon the completion, conversion, extension or modification of a new building or existing building, a certificate of compliance is issued and signed by the Zoning Officer, and the building can be lawfully occupied for the intended use or activity.
- CHARITABLE ORGANIZATION
- An institution, organization or group which is organized
and operated for a charitable, educational, religious or philanthropic
purpose and which is not intended to make profits.[Added 8-10-2006 by Ord. No. 2006-9]
- An individual considered by law to be a minor that is under the age of a person who is under 18 years of age. For the purposes of a day-care center or facility, a child shall be considered any person who is under 15 years of age.
- A building used for public worship by a congregation, excluding buildings used primarily for residential, educational, burial, recreational or other uses not normally associated with worship.
- CLEAR SIGHT TRIANGLE
- An area of unobstructed vision at a street intersection defined by a line of sight between points at center lines, as defined by the Caln Township Code.
- CLUB or LODGE
- An association of persons for some common nonprofit activity, not including groups organized primarily to render a service which is customarily carried on as a business.
- CLUSTER DEVELOPMENT
- An alternative development method wherein structures are arranged in closely related groups, reducing lot sizes, preserving land for open space and permitting innovative site design.
- The placement or installation of a new wireless communication
facility 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 a wireless communication facility if approved by the
Township. The term includes the placement, replacement or modification
of accessory equipment within a previously approved equipment compound.[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
- COMMERCIAL CAMPGROUND
- A commercial use, whereas a lot or parcel of land are temporarily occupied by more than two campsites during specified seasons, including tents and recreation vehicles, as defined by the Caln Township Code.
- COMMERCIAL COMPOSTING
- A commercial use involving the accumulation of biodegradable and organic materials from approved uses, including: mushroom production uses; municipal uses; landscaping uses; nursery uses; forestry uses and other similar uses, as determined appropriate by Caln Township; whereas the composted materials are packaged, processed and/or transported from the commercial composting facility and utilized for other applications.
- COMMERCIAL DRIVE-THROUGH ESTABLISHMENT
- A permitted commercial use, where the patrons have the option to be provided services without leaving their vehicle, as allowable within certain zoning districts in accordance with the provisions of § 155-79 of this chapter of the Code.
- COMMERCIAL RECREATIONAL USE
- A use or activity operated as a business that is open to the public for the purpose of recreation and entertainment, including but not limited to, bowling alleys, health or fitness clubs, swimming pools, miniature golf courses, museums, theaters, amusement arcades and other similar commercial recreational uses as determined by the Zoning Officer.
- COMMERCIAL SCHOOLS
- An educational facility carried on as a business and not operated by a public agency. The range of curriculums can include, but not be limited to, academic instruction, business, technical programs, art, music, dance, language and other similar commercial school uses as determined by the Zoning Officer.
- COMMERCIAL USE
- A use or activity that includes, but is not limited to, retail
sales, businesses, offices, personal services, banks, financial institutions,
restaurants, communications, recreation and other similar commercial
uses as determined by the Zoning Officer. A massage business and the
practice of massage therapy shall not be considered a commercial use.[Amended 11-29-2018 by Ord. No. 2018-10]
- COMMERCIAL USE OF WATER RESOURCES
- The use of naturally occurring water when 5,000 gallons or more of such water is used on site per day or when 5,000 gallons or more of such water is exported or transported for use off site. "Naturally occurring water" shall mean all water above and below the ground surface.
- COMMERCIAL VEHICLE
- Any motor vehicle utilized for a business or trade activity of any kind, including construction, excavating, earthmoving equipment or similar equipment, regardless of the use, excluding a Class I and II motor vehicle, which is properly licensed by the Commonwealth of Pennsylvania.
- COMMON OPEN SPACE
- A parcel or parcels of land or an area of water, or a combination of land and water, within a development, designed and intended for use or enjoyment of all residents of the development in which it is located. Common open spaces shall not include: land areas within street rights-of-way; required open areas between buildings; between buildings and street rights-of-way, driveways and parking areas; and other areas that may be specified within this chapter. No dwelling unit, accessory building or parking area may be located within common open spaces.
- COMMON PARKING AREA
- A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semidetached dwelling or one townhouse is located.
- COMMON WALL
- A wall used or adopted for joint service between two buildings or parts thereof.
- COMMUNITY CENTER
- A public or quasi-public municipal, institutional or recreational use devoted exclusively to accommodate one or more group activities, including but not limited to, civic, social, recreational, educational or cultural or other similar activities determined appropriate by the Zoning Officer, and provided that the community center is properly maintained and is not utilized as a residential use.
- The act of bringing to a condition of physical completeness and readiness for use and occupancy.
- COMPREHENSIVE PLAN
- The Caln Township Comprehensive Plan, or any part thereof, last updated and adopted by the Caln Township Board of Commissioners in December of 2003.
- CONDITIONAL USE
- A use in a particular zoning district by approval of the Board of Commissioners in accordance with the specific criteria set forth in this chapter of the Code.
- CONFERENCE CENTER
- A facility utilized for meetings and seminars, with accommodations for meeting rooms, food preparation, social quarters, restaurants, banquet facilities, bars, taprooms, recreation facilities, entertainment, overnight accommodations and similar uses.
- CONSERVATION OVERLAY DISTRICTS
- Overlay provisions established to consider conservation management, environmental resource protection, natural resources and open space preservation. These provisions are intended to supplement and enhance the existing underlying zoning district regulations for certain land areas and water features, including: floodplains; wetlands and hydric soils; steep slopes; woodlands; and carbonate geological formations.
- CONSERVATION USE
- The preservation and utilization of land and surface water as wildlife habitats, forests, farmland, meadows, wetlands, lakes, streams, rivers and other similar uses or features that involve no site improvements other than those required for education, recreation or municipal uses.
- An agreement or correspondence between matters being compared, which denotes a reasonable rational, similar connection or relationship.
- The placement of materials and equipment in a defined area to be assembled, built, applied and/or demolished in a temporary or permanent manner, as approved by the designated officials of Caln Township.
- CONSTRUCTION SITE
- The total necessary land area required for all buildings or uses within a unified development before a zoning permit may be issued.
- CONTRACTOR'S ESTABLISHMENT
- A commercial use which involves offices and/or the storage
of supplies, equipment, machinery and materials for contractors and
tradesmen such as builders, masons, carpenters and landscapers. Such
use does not include retail sales of products or materials.[Added 2-22-2018 by Ord. No. 2018-04]
- CONVALESCENT HOME
- A building containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support and recovery services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a convalescent home, nursing center, rehabilitation center or personal care center.
- CONVENIENCE STORE or MINI MARKET
- An area of land, together with a building of not less than
4,000 square feet in gross floor area and not more than 10,000 square
feet in gross floor area, which is opened to the general public for
up to 24 hours per day, owned and operated by one entity, and designed
and intended to be utilized for the retail sale within the building
of limited food items, beverages, newspapers, magazines and incidental
personal care items (but excluding the sale of prescription drugs
and clothing) and the location within the building of ATM banking
machines for the convenience of the general public, and the retail
sale of fuel outside of the building when dispensed from fueling positions
located under a canopy.[Amended 6-8-2017 by Ord. No. 2017-01; 7-13-2017 by Ord. No. 2017-02]
- To change or adapt land or structures to a different use, occupancy or purpose.
- The County of Chester, Commonwealth of Pennsylvania.
- COUNTY PLANNING COMMISSION
- The Chester County Planning Commission.
- A portion of a lot unoccupied above grade but partially or wholly surrounded by the walls of a structure or buildings.
- CRITICAL ENVIRONMENTAL AREA
- An area of land or water with one or more of the following characteristics: steep slopes; floodplain; wetlands; hydric soils; high water table soils; land subject to hazardous, municipal or industrial waste; fault areas; sinkholes; stream corridors; estuaries; and habitats of endangered species.
- CURATIVE AMENDMENT
- A proposed zoning amendment made to the Board of Commissioners by any landowner/applicant who desires to challenge on substantial grounds the validity of an ordinance which prohibits or restricts the use or the development of land in which the landowner/applicant has an interest.
- The edge of the cartway.
- DAY-CARE CENTER or FACILITY
- The offering of care or supervision to minors or adults with special needs. The following subcategories are related to day-care centers and facilities:
- An open or partially enclosed area of a residential use which is constructed in accordance with the Caln Township Code and is occupied for seasonal activities.
- The deliberate appropriation of land by its owner for general public use.
- A written document whereby an estate in real property is described, conveyed and recorded.
- DEED RESTRICTION
- Clauses included in a deed or other recorded document which restricts, controls or limits the general use of a defined parcel of land.
- The number of residential dwelling units per acre or lot area.
- DESIGNATED COMMON OPEN SPACE
- The area designated as common open space within a residential development, containing open areas for recreational uses and natural resource conservation.
- Any landowner, agent of such landowner, equitable owner or tenant with the permission of the landowner for whom subdivision or land development plans are being or have been made.
- Any man-made change to improved or unimproved land, including but not limited to buildings or other structures, the installation of utilities, filling, grading, paving, excavation, mining, dredging or drilling operations.
- DEVELOPMENT PLAN
- A proposal for the development of land, prepared in accordance with the Caln Township Code, including a plan for subdivision or land development, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.
- DINNER THEATER
- A building occupied as a commercial establishment for the purposes of serving food as a restaurant and entertaining patrons with live on-stage theatrical performances, which are considered not to be an adult business or adult entertainment use.
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana.[Added 6-8-2017 by Ord. No. 2017-01]
- DISTRIBUTED ANTENNA SYSTEMS (DAS)
- Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.[Added 11-20-2014 by Ord. No. 2014-04]
- A portion of the Township within which certain uniform regulations and requirements, or combinations thereof, apply under the provisions of this chapter.
- DOMESTIC PETS
- Domesticated animals normally kept in or in conjunction with
a dwelling unit for the pleasure of the resident family, such as dogs,
cats, small birds, gerbils and other similar pets normally sold by
retail pet stores.[Amended 12-3-2015 by Ord. No. 2015-06]
- DRIP LINE
- The outermost edge of a roof including eaves, overhangs and
gutters.[Added 9-12-2013 by Ord. No. 2013-06]
- DRIVE-THROUGH ESTABLISHMENT
- A commercial establishment, whereas the patrons are provided specialty services without leaving their vehicle, as defined within this chapter.
- A privately owned and constructed access drive, providing vehicular access between a public road or an approved private road into the lot or parcel having frontage on the road.
- A site utilized for the disposal, abandonment, dumping, burial, incineration, burning or other means of discarding garbage, trash, junk, vehicles, automobile parts or other forms of waste.
- A building or structure or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding, rooming, lodging houses, nursing homes, motels and institutional residences are not included in the definition of dwelling. The following dwelling types are further defined as follows:
- DWELLING UNIT
- A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
- A defined parcel area of land or right-of-way which is granted or conveyed for the limited use of land for public, quasi-public or private purposes.
- EDUCATIONAL USE
- The use of a building, structure or property for the purpose
of educating, teaching or instructing six or more individuals at any
one time from kindergarten through the 12th grade. This term shall
not include those uses defined as day-care center or facility, higher
learning institution, trade school, or automotive trade school.[Amended 10-30-2008 by Ord. No. 2008-9]
- ELECTRIC SUBSTATION
- An assemblage of equipment for purposes other than generation or utilization through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the need of the general public.
- The horizontal alignment of a surface above mean sea level as it exists in predevelopment conditions or as it is proposed in postdevelopment conditions.
- The total number of workers (including both part-time and full-time) present on a parcel of land at any given time, other than temporary or occasional construction workers.
- A professional engineer, licensed as such in the Commonwealth of Pennsylvania.
- ENVIRONMENTAL IMPACT ASSESSMENT REPORT
- A detailed written report that provides discussion of significant environmental impacts and provides reasonable alternatives which would avoid or minimize adverse impacts or enhance the quality of the human environment.
- The removal of soil, rock or surface particles by the action of water, wind, ice or other agents.
- The front of a building facing a public or private street or any other building face that is given special architectural treatment.
- One person occupying a single dwelling; two or more persons
related by blood, marriage or adoption, living together in a single
dwelling unit and maintaining it as a functional common household;
and/or a group of not more than four persons unrelated by blood, marriage
or adoption living together in a single dwelling unit and maintaining
it as a functional common household. The term "family" shall be deemed
to include any domestic employees or gratuitous guests.[Amended 7-25-2013 by Ord. No. 2013-05]
- FAMILY ENTERTAINMENT COMPLEX
- An indoor or outdoor facility providing recreational, educational, social and entertainment facilities suitable for children and their parents.
- An area of land, including all buildings, accessory buildings, farm buildings and one single-family detached principal dwelling, all used for agriculture and where the primary source of income is derived from property.
- FARM ANIMALS
- Chickens, turkey, sheep, goats, hogs, pigs, cattle, horses
and other similar animals which are common to a farm.[Amended 12-3-2015 by Ord. No. 2015-06]
- FARM BUILDING
- A barn, silo or any building used for the storage of agricultural equipment or farm produce or housing livestock or poultry. The term "farm building" shall not include dwellings.
- Federal Communications Commission.[Added 11-20-2014 by Ord. No. 2014-04]
- A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.
- FINANCIAL INSTITUTION
- A bank, savings and loan, credit union or similar use.
- FIRE APPARATUS ACCESS ROAD
- A road that provides fire apparatus access from the fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway.
- 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.
- FLEX SPACE
- A mixed use of building space designed and occupied in accordance with § 155-96 of this chapter, whereas the permitted principal use occupies at least 20% of the flex space building and the permitted subordinate uses occupies no more than 80% of the flex space building.
- FLOOR AREA (GROSS FLOOR AREA)
- The gross floor space of the building or buildings, measured from the exterior faces of exterior walls or from the center line of wall separating buildings. In particular, the floor area of a building or buildings shall include: basement space; all spaces other than cellar space with structural headroom of seven feet, six inches or more; interior balconies and mezzanines; enclosed porches, terraces or other space which are attached to the principal structure on at least one side; attic spaces (with or without a finished floor) providing structural headroom of seven feet, six inches or more is available over 50% of such attic space. However, the floor area shall not include: cellar space, except that cellar space used for retailing; elevator shafts, stairwells, bulkhead, accessory water tanks or cooling towers; terraces; breezeways; uncovered steps; open space; and/or accessory buildings.
- FLOOR AREA RATIO
- The floor area in square feet of all buildings on a lot divided by the gross area of such lot in square feet.
- 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.
- FUNERAL HOME
- A building used for the preparation of the deceased for burial, including the viewing of the deceased and any lawful rituals connected therewith before burial or cremation.
- GARAGE, PRIVATE RESIDENTIAL
- An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than three motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
- GARAGE, PUBLIC or REPAIR
- A building, other than a private or storage garage, one or more stories in height, used solely for commercial storage service or repair of motor vehicles.
- GARAGE, STORAGE
- A building, not a private residential or a public garage, one story in height, used solely for the storage of motor vehicles used in conjunction with a business or industry, but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.
- GEOGRAPHIC INFORMATION SYSTEM (GIS)
- A computer-based system that links the geographic location of map features to text information or databases.
- GEOMETRIC DESIGN
- The dimensions of a facility and the relationships of its features such as alignment, profile, grades, widths, sight distances, clearances and slopes.
- GOLF COURSE
- A public or private course with a minimum of nine holes and a length of more than 2,000 yards.
- GOVERNING BODY
- The Board of Commissioners of the Caln Township, Chester County.
- GOVERNMENT USE
- Any activities, services or uses conducted by any agency or department of local, county, state or federal government.
- GRADE PLANE
- A reference plane representing the average of finished ground level adjoining the building at the exterior walls. Where the finished ground levels slope away form the exterior walls, the referenced plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
- A linear corridor of open space, including natural features such as waterways, stream valleys, ridgelines and scenic vistas, or along man-made features such as railroad beds or abandoned canals, which provide areas for wildlife habitats and recreational uses.
- GROUND-MOUNTED SYSTEM
- A solar photovoltaic system mounted on a structure, pole
or series of poles constructed specifically to support the photovoltaic
system and not attached to any other structure.[Added 9-12-2013 by Ord. No. 2013-06]
- GROUP HOME
- The use of any lawful dwelling unit which meets all of the criteria in § 155-58 of this chapter.[Amended 7-25-2013 by Ord. No. 2013-05]
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and process medical marijuana.[Added 6-8-2017 by Ord. No. 2017-01]
- HAZARDOUS MATERIALS
- Those chemicals or substances, which are physical hazards or health hazards as defined and classified in the adopted Caln Township Fire Code, whether the materials are in usable or waste condition.
- HEALTH AND RECREATION CLUB
- A private or public indoor facility utilized for health, fitness and/or recreational activities. All activities relating to an adult business use shall be prohibited within a health club.
- The vertical distance measured from the average elevation of the ground or finished grade to the highest point of a building or structure.
- A defined area to accommodate all phases of operation of rotor-wing aircraft or helicopters, with sufficient space for all required safety controls and maneuvers in accordance with all state and federal requirements, as well as to allow for the provision of service facilities.
- A defined area on a roof or on the ground to accommodate touch down and lift off of rotor-wing aircraft or helicopters. All such defined areas shall have sufficient space to accommodate all required safety controls and maneuvers in accordance with all state and federal requirements, but in no case shall such area provide service facilities.
- HIGHER LEARNING INSTITUTION
- A use made up of: an undergraduate division which confers
associate or bachelor degrees; a graduate division which comprises
a graduate school, and/or professional schools, each of which may
confer master's degrees and doctorates. This term shall not include
those uses defined as an automotive trade school.[Added 10-30-2008 by Ord. No. 2008-9]
- HIGH WATER TABLE SOILS
- Surface soils which are within three feet of the seasonable high water table.
- HIGHWAY ACCESS POINT
- A place of ingress/egress from or access to a street or highway created by a driveway or another street or highway. Measurement between them shall be from the center line of one such point to the center line of another such point.
- HIGHWAY FRONTAGE
- The lot dimensions measured along the right-of-way line of any one street or highway abutting a lot.
- HISTORICAL PRESERVATION OVERLAY
- A special overlay district established to provide provisions for subdivision, land development, aesthetics, architectural appearance, landscaping, signs and streetscape design, as specified in § 155-47.
- HISTORICAL SITE
- A place, building, structure or site, whereas because of its' local, state or national significance is considered as a historical site or resource. All such historical sites are identified on the National Register of Historical Places, by the Pennsylvania Historical and Museum Commission, or within the Comprehensive Plan.
- HOME OCCUPATION
- An accessory use, which is customarily conducted within a residential use or a structure accessory thereto, which is clearly secondary and incidental to the residential use in which the practitioner resides. The following categories of home occupation are hereby defined:
- An institutional use, licensed by the Commonwealth of Pennsylvania, which provides for inpatient and outpatient medical care, 24 hours per day, seven day per week, as well as providing primary health services, medical care and surgical services to patients suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. In addition, a hospital may also include accessory uses and facilities including, but not limited to, medical offices, administrative offices, educational facilities, research centers, clinics, cafeterias, retail stores and other uses considered customary to a hospital or medical campus.
- A building or group of buildings containing five or more individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor, and where no provision is made for cooking in any individual room or suite. Hotel does not include institutional or educational uses and buildings where human beings are housed under legal constraint. Hotels may also include accessory uses such as restaurants, lounges, lobbies, conference rooms and recreational facilities such as swimming pools and fitness facilities provided sufficient off-street parking spaces are provided for each accessory use in accordance with the provisions of Article X of this chapter and provided that the combined floor area of all accessory uses shall not occupy more than 25% of the total gross floor area of the hotel building.[Amended 9-30-2010 by Ord. No. 2010-05]
- Equipment used to heat, cool or ventilate a structure.[Added 9-12-2013 by Ord. No. 2013-06]
- HYDRIC SOIL
- A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. Hydric soils are identified within the Comprehensive Plan.
- IMPERVIOUS COVERAGE
- The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces, which do not normally absorb rainfall.
- IMPERVIOUS SURFACE
- A surface which prevents the percolation of water into the
ground.[Added 9-12-2013 by Ord. No. 2013-06]
- IMPROVEMENT SETBACK
- The minimum distance an improvement must be set back from a street right-of-way and/or property line.
- Any type of structure, paved area and/or physical changes to the land, including but not limited to, grading, paving, stormwater management facilities, sidewalks, street signs, traffic control devices, monuments, utilities, water supply facilities and sewage disposal facilities.
- A facility designed to reduce municipal solid waste, fuel, gas, refuse or other material by combustion. This use may include heat exchange equipment for energy recovery.
- INDEPENDENT LIVING CARE FACILITY
- A residential community or use designed for those persons who are independent with respect to their daily living activities (bathing, dressing, grooming and eating) and choose to reside in a community with other seniors (55 years or older). These communities may offer amenities such as, but not limited to, security systems, recreational activities, social programs, meal services and transportation.
- INDUSTRIAL PARK
- A group of mixed uses within a planned nonresidential development which principally relate to industrial uses, as specified under § 155-76 of this chapter of the Code.
- INDUSTRIAL USE
- A use or activity that includes, but is not limited to, assembling, manufacturing, distributing, processing, storing or warehousing of products and materials, and other similar industrial uses as determined by the Zoning Officer.
- INSTITUTIONAL USE
- A use or activity that includes, but is not limited to, educational uses, hospitals, medical centers, health care uses, churches, religious uses, assisted living care facilities, and other similar institutional uses as determined by the Zoning Officer.
- The technical and practical link between the solar generator
and the grid providing electricity to the greater community.[Added 9-12-2013 by Ord. No. 2013-06]
- JUNK or SALVAGE
- Discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabric and similar material from vehicles, equipment or machinery.
- JUNKYARD or SALVAGE YARD
- A lot, land or structure, or parts thereof, used for the collection, storage, dismantling, salvage, sale, exchange and/or recycling of used and discarded materials, including, but not limited to, waste, paper, rags, glass, containers, fabric and similar material from vehicles, equipment or machinery. The deposit or storage of two or more unlicensed, uninspected, abandoned, wrecked or disabled vehicles shall be deemed to be a "junkyard."
- JURISDICTIONAL DETERMINATION (JD)
- A site survey performed by the United States Army Corps of Engineers to officially determine whether or not a defined parcel of land is subject to wetlands regulations.
- Any property, including any building or structure thereon, where four or more dogs, 10 weeks of age or older, are kept or maintained for boarding, grooming, breeding, training, showing, selling or exchange.
- KILOWATT (kW)
- A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not duration) at which electricity
is used. One thousand kW is equal to one megawatt (MW).[Added 9-12-2013 by Ord. No. 2013-06]
- KITCHEN FACILITIES
- An enclosed and weatherproofed room consisting of a sink with plumbing facilities, permanent stove/oven and a refrigerator, which complies with all codes adopted by Caln Township.
- A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
- LAND DEVELOPMENT
- Any of the following activities:
- A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
- (2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
- B. A subdivision of land.
- C. Development in accordance with the Caln Township Code and the Pennsylvania Municipalities Planning Code.
- The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition). A lessee under a written lease who has written authorization of the legal owner shall be deemed to be a landowner for the purpose of this chapter.
- LANDSCAPE ARCHITECT
- A landscape architect registered by the Commonwealth of Pennsylvania.
- LINCOLN HIGHWAY OVERLAY DISTRICT
- A special overlay district established to provide provisions for land development, aesthetics, architectural appearance, landscaping and streetscape design along the Lincoln Highway (Business Route 30) and as further defined in § 155-43 of this Code.
- The raising and ownership of chickens, turkey, sheep, goats, hogs, pigs, cattle, horses and other similar animals which are common to a farm in accordance with the Caln Township Code.
- LOADING SPACE
- A defined space located within a lot or parcel of land, which has accessibility to a public street, for temporary use of commercial vehicles while loading or unloading merchandise and materials to the principal use and building contained on the lot or parcel of land.
- A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required. The term "lot" shall also mean parcel, plot, site or any similar term.
- LOT AREA (GROSS)
- The space contained within the lot lines of any land parcel,
including land area within all existing and future/ultimate street
rights-of-way, delineated wetlands, common open space and easements
established for all utility, municipal and stormwater purposes.[Amended 8-10-2006 by Ord. No. 2006-9]
- LOT AREA (NET)
- The space contained within the lot lines of any land parcel,
excluding any and all future/ultimate street rights-of-way and common
open space. The net lot area shall not be less than the minimum lot
size required by the underlying zoning district for the use proposed
in which the lot is located.[Amended 8-10-2006 by Ord. No. 2006-9]
- LOT COVERAGE
- The percentage of a lot covered by all impervious surfaces.
- LOT DEPTH
- The mean average horizontal distance between the front and the rear lot lines.
- LOT FRONTAGE
- That portion of a lot which fronts on a single street.
- LOT OF RECORD
- A lot or parcel recorded in the Office of the Recorder of Deeds of Chester County, Pennsylvania.
- LOT WIDTH
- The width of a lot measured at the street line and at the street line, the legal right-of-way line and the ultimate right-of-way line (where it exists) of the street immediately adjacent thereto.
- MANUFACTURE or MANUFACTURING USE
- The assembling, creating, cleaning, fabricating, processing, testing, recycling, packaging, converting, distributing and/or repairing of raw materials, with the use of labor and machinery, of products that will be made available for sale. The term "manufacture" shall not include retail sales, personal services, solid waste disposal, truck distribution, mineral extraction, woodland extraction, forestry, exportation of groundwater, warehousing, or similar uses determined by the Zoning Officer.
- Any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with the hands or with the aid
of any mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniment, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations
commonly used in this practice.[Added 11-29-2018 by Ord. No. 2018-10]
- MASSAGE BUSINESS
- Any establishment having a fixed place of business where
any person engages in, carries on, or permits to be engaged in or
carried on the practice of massage as is defined in this chapter.
This term shall exclude licensed hospitals, licensed nursing homes,
medical clinics, and the offices and quarters of licensed health profession
practitioners. A massage business shall also include a location where
sauna baths, Turkish baths, Swedish baths or the like are made available
to members of the public.[Added 11-29-2018 by Ord. No. 2018-10]
- MASSAGE THERAPIST
- An individual licensed by the Pennsylvania State Board of
Massage Therapy to practice massage therapy.[Added 11-29-2018 by Ord. No. 2018-10]
- MASSAGE THERAPY
- As defined in the Massage Therapy Act (63 P.S. § 627.1
to § 627.50), (the "Act"), as the act may be amended from
time to time, the application of a system of structured touch, pressure,
movement, holding and treatment of the soft tissue manifestations
of the human body in which the primary intent is to enhance the health
and well-being of the client without limitation, except as provided
in the Act. The term includes the external application of water, heat,
cold, lubricants or other topical preparations, lymphatic techniques,
myofascial release techniques and the use of electro-mechanical devices
which mimic or enhance the action of the massage techniques. The term
does not include the diagnosis or treatment of impairment, illness,
disease or disability, a medical procedure, a chiropractic manipulation—adjustment,
physical therapy mobilization—manual therapy, therapeutic exercise,
electrical stimulation, ultrasound or prescription of medicines for
which a license to practice medicine, chiropractic, physical therapy,
occupational therapy, podiatry or other practice of the healing arts
is required. The term also shall not include barbers and beauticians
who are duly licensed by the commonwealth and massage the neck, face,
scalp or hair of their patrons as an accessory service to hair cutting/styling.[Added 11-29-2018 by Ord. No. 2018-10]
- MEAN SEA LEVEL
- The average height of the sea for all stages of the tide, utilizing the most current National Geodetic Vertical Datum.
- A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
- MEDICAL MARIJUANA
- Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to Act 16 of 2016.[Added 6-8-2017 by Ord. No. 2017-01]
- MEDICAL or DENTAL CLINIC
- A building, which primarily involves a health care use, where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, psychologists, social workers or other similar licensed professional, whereas the patients are not typically lodged overnight or after normal office hours unless prescribed by the licensed professional.
- MEDICAL REHABILITATION AND PHYSICAL THERAPY
- A public or private facility utilized for the treatment, rehabilitation and training of outpatients to regain, develop or enhance their physical skills, condition or stamina which have been lost or impaired through injury or illness.
- MEDICAL RESEARCH CENTER
- A public or private facility utilized for medical testing, sampling or research in a controlled laboratory environment.
- MEDICAL RESEARCH PARK
- A group of mixed uses within a planned nonresidential development, which principally relate to medical or institutional uses, as specified under § 155-75 of this chapter of the Code.
- An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 1/3 of the area of the room or space in which the level or levels are located.
- MINERAL EXTRACTION
- The act or process of mining or extracting minerals.
- A solid homogeny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone, dolomite, sand, gravel, rock, stone, earth, fill, slag, iron ore, zinc ore, vermiculite, clay, anthracite and bituminous coal, coal refuse, peat, crude oil and natural gas.
- MINI MALL
- The multiple use of a single property for a planned group of nonresidential uses, including retail operations, personal services, offices, financial institutions, medical and dental clinics, restaurants, taverns and similar planned uses as determined by the Zoning Officer, where the uses are less than a cumulative total of 30,000 square feet of gross floor area and are owned and maintained by an individual, corporation, partnership or organization. All mini malls shall be planned and designed as an integrated unit or converted as such, with common off-street parking facilities and stormwater management facilities.
- MINI MARKET
- A commercial establishment, usually not over 4,000 square feet in gross floor area, offering prepackaged foods, newspapers, magazines and other similar items.
- MINI WAREHOUSE or SELF-STORAGE FACILITY
- A building or group of buildings that are divided into individual units, each of which unit is available for rent or lease to the public for the self-storage of tangible personal property.
- MIXED-USE BUILDING
- A combination of uses permitted in the underlying zoning
district within a single building, which may not include residential
units on the first floor.[Added 10-10-2013 by Ord. No. 2013-07]
- MOBILE HOME LOT
- A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.
- MOBILE HOME PARK
- A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
- MODIFICATION or MODIFY
- The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless communications 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 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
- A module is the smallest protected assembly of interconnected
PV cells.[Added 9-12-2013 by Ord. No. 2013-06]
- A building or group of attached or detached buildings containing individual living or sleeping units designed for temporary use by tourists or transients, each of which is provided with an independent exterior entrance and off-street parking space. The term "motel" includes, auto courts, motor courts, motor inns, motor lodges, roadside hotels or similar accommodations.
- MOTOR FREIGHT TERMINAL
- Any building or land area on which freight is delivered for transfer, assembly, storage or sorting and than shipped to another location.
- The Pennsylvania Municipalities Planning Code, as amended and codified in 53 P.S., § 10101.
- MUNICIPAL USE
- A use owned and maintained by Caln Township for public recreation area, park, swimming pool, golf course, spectator sports, municipal offices, police station, water and sewage facilities, utilities, community centers, solid waste disposal areas, recycling centers, composting facilities, road materials and equipment storage and similar governmental or municipal uses.
- Caln Township, Chester County, Pennsylvania.
- NET METERING AGREEMENT
- An agreement with a local electric utility that allows customers
to receive a credit for surplus electricity generated by certain renewable
energy systems.[Added 9-12-2013 by Ord. No. 2013-06]
- Any building or establishment used for social and entertainment purposes, whereas food, music and beverages are provided to patrons for a fee.
- NONCONFORMING LOT
- A lot which does not meet with the minimum lot width or area dimensions specified for the district where such lot is situated but was lawfully in existence prior to the effective date of this chapter or is legally established through the granting of a variance by the Zoning Hearing Board.
- NONCONFORMING STRUCTURE or BUILDING
- A structure or building, or part thereof, which does not meet the applicable provisions or requirements of the district in which it is located, either at the time of enactment of this chapter or as a result of subsequent amendments thereto, where such building or structure lawfully existed prior to the enactment of such chapter or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
- NONCONFORMING USE
- A building, structure, sign or use of land which does not conform to the applicable regulations of the district in which it is located, either at the time of the enactment of this chapter or as a result of subsequent amendments thereto, but which did not violate any applicable use regulations prior to the enactment of such chapter or amendments. However, no existing use shall be deemed nonconforming solely because of the existence of less than the required off-street parking spaces.
- NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
- All non-tower wireless communications facilities, including,
but not limited to, antennae and related equipment. Non-tower WCF
shall not include support structures for antennae and related equipment.[Added 11-20-2014 by Ord. No. 2014-04]
- NURSERY or GREENHOUSE
- A use involving the raising of trees (for transplanting), ornamental, shrubs, flowers or house plants for any commercial purpose. All nursery/greenhouses that are designed and constructed to be 1,000 square feet or less shall be considered an accessory structure. All nursery/greenhouses that are designed and constructed to exceed 1,000 square feet in size shall be considered a principal structure.
- NURSING HOME
- A building containing sleeping rooms used by persons who are lodged and furnished with meals and are provided with needed support services, including the availability of basic nursing care. Such a facility may or may not include skilled nursing or medical care. This definition shall be limited to facilities licensed by the Commonwealth of Pennsylvania as a nursing center or personal care center.
- Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, structure, fence, stockpile, refuse, fill or other matter which may impede, retard or change the normal direction or path of air, water or any modes of transportation.
- The possession of any structure, building, land area or water body with the intent to remain for the purpose of residing, conducting business or performing social, recreational, cultural, educational, municipal, governmental, institutional, religious, charitable or similar uses.
- A use that primarily involves professional or nonprofit services relating to, but not limited to, administrative, business, clerical, financial, governmental, medical, municipal, political, religious or similar office uses, as determined by the Zoning Officer.
- OFFICE or BUSINESS PARK
- A group of mixed uses within a planned nonresidential development which principally relate to office or business, as specified under § 155-74 of this chapter of the Code.
- OFFICIAL MAP
- The Official Map, as adopted by the Board of Commissioners, showing the characteristics of streets, watercourses, public grounds and other topographic features.
- OFFICIAL ZONING MAP
- The Zoning Map of Caln Township.
- OPEN SPACE
- The unoccupied space, land area or water body that is located on the same lot with the principal use or development, which is open to the sky and not occupied by buildings, structures, sidewalks, off-street parking areas, access drives and/or other impervious areas.
- The Caln Township Zoning Ordinance of 2005 or any provisions or amendments thereof, enacted by the Board of Commissioners, including the Official Zoning Map.
- OUTDOOR STORAGE
- The external storage of materials, products and accessory components of a use which conforms to the normal functions and procedures conducted on that use in accordance with the Caln Township Code.
- OUTSIDE SALES
- All sales conducted outside of a principal building.
- The Commonwealth of Pennsylvania.
- A tract of land designed and utilized by the general public for active and/or passive recreation purposes.
- PARKING LOT
- An off-street area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
- PARKING PERIMETER
- The limit beyond the defined off-street parking area, which parking is not allowed or permitted.
- PARKING SPACE
- A reasonably level space, available for the parking of one motor vehicle, not less than 10 feet wide and having an area of not less than 200 square feet exclusive of passageways or other means of circulation or access.
- An area or courtyard which is not covered by a roof or permanent awning and is designed for outdoor living purposes as an accessory use to the principal structure or building.
- PAVED AREA
- The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces, which do not normally absorb rainfall.
- A document issued by the proper regulatory agency authorizing the applicant to undertake certain activities as specified on the application or permit.
- PERMITTED USE
- A use permitted in a particular district to occupy or use land for a specific purpose in accordance with this chapter when such use is permitted by right.
- An individual, corporation, partnership, organization, incorporator's association, trust or other similar entity.
- PERSONAL CARE FACILITY
- A facility owned and operated by a legal entity which possesses the appropriate certifications and licenses issued by the Commonwealth of Pennsylvania for operating a personal care home at a defined location. The facility shall be used to provide dwelling units, food, personal assistance or supervision to adults of advanced age or otherwise who do not require services at a licensed long-term care facility, but who, because of their advanced age or other condition, require assistance or supervision in matters such as dressing, bathing, diet, financial management, emergency evacuation and/or taking medication prescribed for self-administration.
- PERSONAL SERVICE ESTABLISHMENT
- A building or portion of a building in which the services
of a person permitted to practice a specified profession are offered
to the general public. Examples of such professions may include accountants,
agents, architects, barbers, beauticians, lawyers, optometrists, photographers,
tailors, electronic repair technicians or other similar personal service
establishments as determined by the Zoning Officer. A massage business
and the practice of massage therapy shall not be considered a personal
service establishment.[Amended 11-29-2018 by Ord. No. 2018-10]
- PHOTOVOLTAIC (PV)
- A semiconductor-based device that converts light directly
into electricity.[Added 9-12-2013 by Ord. No. 2013-06]
- A proposal for development, subdivision or land development, including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space and public facilities, which complies with the Caln Township Code.
- PLANNING COMMISSION
- The Caln Township Planning Commission, Chester County, Pennsylvania.
- A roofed or unroofed structure projecting from the front, side or rear wall of a building.
- PREEXISTING PLANNED RESIDENTIAL COMMUNITY
- An existing planned residential community, which has been previously approved under previously recognized alternative zoning regulations such as traditional neighborhood development, planned residential development, mixed-use development or lot averaging, which have been terminated as viable alternatives for planned residential communities. These preexisting planned residential communities are further defined and regulated as part of the R-5 Zoning District, as established in the Caln Township Comprehensive Plan and under § 155-25 of this Code.
- 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.
- PRIME AGRICULTURAL LAND or RESOURCES
- Prime agricultural soils or land areas as defined in the Caln Township Comprehensive Plan.
- PRINCIPAL BUILDING
- A building in which a principal use on a lot is carried on.
- PRINCIPAL USE
- The main or primary purpose for which any land, structure or building is designed, arranged or intended and for which they may be occupied or maintained under the terms of this chapter. Only one principal use shall be permitted on a lot.
- PUBLIC GROUNDS or LAND AREAS
- All such areas, including: parks, playgrounds, trails, paths and other recreational areas and other public areas; sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and publicly owned or operated scenic and historic sites.
- PUBLIC HEARING
- A formal meeting held pursuant to public notice by Caln Township, the governing body or planning agency intended to inform and obtain public comment prior to taking action in accordance with this Code and the Pennsylvania Municipalities Planning Code.
- PUBLIC MEETING
- A forum held pursuant to notice under the requirements of this Code, the Pennsylvania Municipalities Planning Code and the "Pennsylvania Sunshine Law."
- PUBLIC NOTICE
- Notice published once each week for two successive weeks in a newspaper of general circulation within Caln Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
- QUARRYING or MINING ACTIVITIES
- The removal or extraction of minerals, rock, natural resources or other products of earth, either on the surface or below the surface, in accordance with the provisions of the Caln Township Code and Commonwealth of Pennsylvania.
- RECREATION AREA (ACTIVE)
- Land area containing recreational facilities, which may require visitors or participants to become involved in physical or energetic functions, primarily group functions. Active recreation areas may include, but not limited to, basketball courts, baseball fields, football fields, soccer fields, tennis courts, playgrounds, tot lots, community centers, golf courses, hockey rinks, skateboard areas, swimming pools and volleyball courts.
- RECREATION AREA (PASSIVE)
- Land area containing recreation facilities, which may require visitors or participants to become involved in quiet functions that do not require physical or energetic functions. Passive recreation areas may include, but not limited to, common open space, trails for walking or bicycling, surface water for canoeing, rafting or fishing, pavilions, picnic areas, cultural centers, scenic vistas and amphitheaters.
- RECREATION FACILITIES
- Land, water, buildings, structures, apparatuses and/or equipment which are required to accommodate recreational uses.
- RECREATIONAL USES
- An active or passive recreational use designed to accommodate physical, leisure, sporting or relaxation activities on land or water. Recreational uses may include, basketball, baseball, football, bicycling, walking, jogging, running, golfing, fishing, boating, hunting, hockey, skating, skateboarding, soccer, swimming, tennis, volleyball, racquetball, exercise/fitness, bowling, billiards, bird watching, picnicking or any other similar recreational uses, as determined by the Zoning Officer.
- RECREATIONAL USES (COMMERCIAL)
- An active or passive recreational use in which a fee is generally paid to utilize the recreation facilities.
- RECREATIONAL VEHICLES
- A vehicle of any size which is designed as a temporary dwelling or living unit for travel, recreation and vacation uses. Recreation vehicles may include motorized vehicles designed to be self-propelled or nonmotorized vehicles designed to be towed or carried by another vehicle, including campers, pickup coaches, travel trailer and similar vehicles.
- RELIGIOUS USE
- Land areas occupied by buildings, churches, synagogues, retreat centers, monasteries, seminaries, convents, shrines, cemeteries and other similar nonprofit facilities, as further defined under § 155-91D(3) of this chapter of the Code, which are primarily used for religious or spiritual worship.
- RENEWABLE ENERGY SYSTEM
- Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar energy, wind energy and hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes.
- RENTAL BUSINESS
- A commercial use in which machinery, equipment and goods, but not motor vehicles, are rented to customers for temporary use pursuant to a short-term rental contract, including the sale of machinery, equipment and goods as an accessory use. For the purposes of this definition, "machinery" means equipment which requires a motor to operate; "equipment" means any nonmotorized device permanently attached to and movable on wheels; and "goods" means any other rental items.
- RENTAL UNIT
- A defined area within a building or structure which is rented or leased to accommodate residential or nonresidential uses, as permitted by the Caln Township Code.
- RESIDENTIAL USE
- A use within a permitted dwelling unit designed and utilized as the living quarters for one or more families living independently of each other. Residential uses may be permitted within single-family detached units, single-family semidetached units, two-family attached units, mobile homes, apartment units and townhouse units, provided the type of dwelling unit is a permitted use within the zoning district to which it is located, and provided that the dwelling unit complies with the standards specified by this Code.
- RESOURCE RECOVERY FACILITY
- A facility or land that is used for any one or a combination of the following or similar uses: composting, incineration, material separation, recycling or trash transfer. A resource recovery facility shall be owned and operated by Caln Township or a municipal authority by and on behalf of Caln Township.
- A commercial establishment devoted to the sale and consumption of food and beverages to patrons within an enclosed building while the patrons are seated at counters, booths or tables. A restaurant may contain an accessory area or use devoted to outdoor eating, retail sales, social quarters, meeting rooms, bars, taprooms and similar uses, provided the cumulative total area of the accessory use does not exceed 30% of the gross floor area of the restaurant.
- RESTAURANT, FAST-FOOD or DRIVE-THROUGH
- A restaurant devoted to the sale of food and beverages to patrons either within an enclosed building, at a pickup counter, through a drive-through service lane and/or through a delivery service. All such facilities may offer their patrons the option to consume the food and beverages either inside the restaurant or at an off-site location.
- RETAIL BUSINESS ESTABLISHMENT
- A permitted business establishment occupying a single permitted retail use, whereas, depending upon its size, type, location or intensity may require distinct approval procedures.
- RETAIL USE
- A commercial establishment devoted to the sale of products
and services to patrons within an enclosed building. Retail uses may
include, but are not limited to, establishments selling food, groceries,
beverages, clothing, business or office supplies, entertainment items,
furniture, home improvement supplies, household products, personal
care supplies, building supplies, sporting goods, equipment, machines,
computers, electronics, pet supplies, medical supplies, agricultural
supplies, automobile supplies, custom-made products and firearms.
Such use may include as an accessory use an area used for manufacturing
or assembly of the products sold on the premises, provided that such
area is no greater than 35% of the gross floor area of the building.[Amended 10-27-2016 by Ord. No. 2016-04]
- The width or area of land which is dedicated or reserved to accommodate streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, bicycle lanes, streetlights and other public improvements.
- ROOMING HOUSE
- The use and occupancy of a single-family detached dwelling for the purpose of accommodating four or less transient guests for rent or compensation.
- ROUTE 30 BYPASS INTERCHANGE OVERLAY DISTRICT
- A special overlay district established to provide provisions for land development, economic development, zoning alternatives, aesthetics and architectural appearance at each of the bypass interchanges, as further defined in § 155-46 of this Code.
- SANITARY FACILITIES
- The required plumbing fixtures within a dwelling unit, including a sink, toilet, bathtub or shower, which are functioning and compliant with the Caln Township Code.
- SANITARY SEWAGE DISPOSAL SYSTEM
- A system designed to collect, convey, treat and dispose of sewage from users in compliance with local, county, state and federal regulations.
- SATELLITE DISH ANTENNA
- A device incorporating a reflective solid surface in the shape of a dish, cone or horn which is used to transmit and/or receive signals.
- SCREEN or SCREENING
- An assemblage of permissible materials which are strategically arranged so as to effectively block or obstruct the views between adjacent or adjoining properties from ground level to a height of six feet above grade level or as determined by the Zoning Officer.
- SENIOR INDEPENDENT LIVING FACILITY
- An apartment building containing multiple residential dwelling
units for persons who are 55 years of age and older which qualifies
for the exemption to the prohibition against discrimination based
on familial status found in Section 3607(b)(1) of the United States
Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing
for Older Persons Act of 1995 and the regulations promulgated thereunder. The facility
may include accessory uses such as common kitchen facilities and dining
areas, activity and meeting rooms, storage areas, recreation and exercise
facilities, sundries store, administrative offices and/or a beauty/barber
shop solely for the use of the residents and their invitees.[Added 8-30-2012 by Ord. No. 2012-04]
- SETBACK REQUIREMENTS
- The setback requirements as established for any building or structure within the applicable zoning district for which it is located.
- SHADE TREE
- A deciduous tree which normally grows with a single trunk and has a canopy which screens and filters sunshine during specific seasons during the year.
- SHOPPING CENTER or SHOPPING MALL
- The multiple use of a single property for a planned group of nonresidential uses, including retail operations, personal services, offices, financial institutions, medical and dental clinics, restaurants, family entertainment centers, taverns, nightclubs and similar planned uses, as determined by the Zoning Officer, where the uses exceed a cumulative total of 30,000 gross square feet of floor area and are owned and maintained by an individual, corporation, partnership or organization. All shopping centers shall be planned and designed as an integrated unit or converted as such with common off-street parking facilities, stormwater management facilities and utility services.
- SIDEWALK SALE
- A seasonal or occasional sale conducted on the sidewalk or outside of the front or side of the principal building or establishment, whereas, goods are offered for sale to the public, provided that all such sales shall not exceed 60 cumulative days during the coarse of a calendar year.
- Any structure, building, wall or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or other representations utilized for announcement, direction, identification or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit nor public traffic or directional signs.
- A tall cylindrical structure that is located on a farm and is used to store crops for animal feed.
- SINGLE AND SEPARATE OWNERSHIP
- The ownership of a lot by one or more persons, whereas the ownership is separate and distinct from that of any adjoining land areas.
- Topographic conditions in which the percentage of vertical to horizontal relief is computed utilizing standard rise over run calculations and/or as defined by this chapter of the Code.
- SMALL WIRELESS FACILITIES (SWF)
- A type of wireless communication facility (WCF) as specifically
defined by the Federal Communications Commission in Part 1 of Title
47 of the Code of Federal Regulations.[Added 10-10-2019 by Ord. No. 2019-05]
- SOLAR-BASED ARCHITECTURAL ELEMENT
- Structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
PV modules, and may or may not include additional solar PV related
equipment.[Added 9-12-2013 by Ord. No. 2013-06]
- SOLAR ELECTRIC ENERGY SYSTEM
- The components and subsystems that, in combination, convert
solar energy into electric energy suitable for use. The term is limited
to photovoltaic solar power systems.[Added 8-9-2012 by Ord. No. 2012-03]
- SOLAR ENERGY COLLECTOR
- A structure used to collect energy from the sun which is utilized to convert and produce heat or electricity.
- SOLAR ENERGY PRODUCTION FACILITY
- An electric generating facility whose main purpose is to
generate and supply electricity and consists of one or more solar
electric energy systems and other accessory structures and buildings,
including substations, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. Such facilities shall
not include solar electric energy systems which are built as an accessory
use to supply energy for the principal use of the property.[Added 8-9-2012 by Ord. No. 2012-03]
- SOLAR PANEL
- A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar electrical energy system.[Added 8-9-2012 by Ord. No. 2012-03]
- SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
- Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.[Added 9-12-2013 by Ord. No. 2013-06]
- SOLAR PHOTOVOLTAIC (PV) SYSTEM
- A solar collection system consisting of one or more building
and/or ground mounted systems, solar photovoltaic cells, panels or
arrays and solar-related equipment that rely upon solar radiation
as an energy source for collection, inversion, storage and distribution
of solar energy for electricity generation. A solar PV system is a
generation system with a nameplate capacity of not greater than 50
kilowatts if installed at a residential service or not larger than
3,000 kilowatts at other customer service locations and do not produce
excess on-site energy greater than currently permitted by Pennsylvania
Public Utility Commission guidelines.[Added 9-12-2013 by Ord. No. 2013-06]
- The legal consultant appointed by the Caln Township Board of Commissioners.
- SOLID WASTE
- Waste, including solid, liquid, semisolid or contained gaseous materials.
- SOLID WASTE DISPOSAL AND REDUCTION FACILITIES
- A site in which engineering principles are utilized to bury, dispose, reduce, eliminate and/or incinerate deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation. All such facilities may include sanitary landfills, solid waste landfills, low level radioactive waste disposal facilities, resource recovery facilities, recycling centers and transfer stations.
- SPECIAL EXCEPTION
- A use by which the Zoning Hearing Board may grant permission to an applicant within a particular zoning district for the occupancy or use of land or water for a specific purpose, as specified within this chapter of the Code.
- SPECIAL OVERLAY DISTRICTS
- Overlay provisions established to consider special features, land uses, buildings, zones or corridors. These provisions are intended to supplement and enhance the existing underlying zoning district regulations for specifically defined areas, including abandoned commercial or industrial sites; public transportation zones; transportation corridors; bypass interchanges; and historical sites.
- A building or structure in which horses, lamas, donkeys and other similar animals which are kept for remuneration, hire, sale or other lawful uses.
- The Commonwealth of Pennsylvania and its designated agencies.
- STEALTH TECHNOLOGY
- Camouflaging methods that are used in the installation of
wireless communications towers, antennae and other facilities which
render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennae, building-mounted antennae painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flag
poles and light poles.[Added 11-20-2014 by Ord. No. 2014-04]
- STEEP SLOPE OVERLAY DISTRICT
- A conservation overlay of land and water which have been defined by the Comprehensive Plan and § 155-36 of this Code as having "steep slopes" and "very steep slopes."[Amended 9-29-2005 by Ord. No. 2005-12]
- STEEP SLOPES
- Those areas which have a range of slope of 15% or greater
but less than 20% in predevelopment condition.[Amended 9-29-2005 by Ord. No. 2005-12]
- A tall tapering structure narrowing to a point on the top that is located on the roof of or is part of the superstructure of a church or other place of worship.
- Drainage runoff from the surface of the land resulting from precipitation in the form of rain, snow, sleet, hail or ice.
- STORMWATER MANAGEMENT
- A program of controls and measures designed to regulate the quantity and quality of stormwater runoff from a defined area or development while promoting the protection and conservation of surface water, groundwater and groundwater recharge.
- STORMWATER MANAGEMENT FACILITIES
- Those controls and measures, including, but not limited to, berms, terraces, bridges, dams, storm sewers, basins, infiltration systems, swales, watercourses and floodplains, used to implement stormwater management regulations.
- That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, including basements and mezzanines, and as further defined by the appropriate building codes adopted by Caln Township.
- A public or private right-of-way, excluding driveways, intended as a means of vehicular and pedestrian travel, furnishing access to abutting properties. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway and similar terms. The functional classification of all existing streets has been defined in the Comprehensive Plan.
- STREET FRONTAGE
- The lot dimension measured along the street line or right-of-way line of any one street or highway abutting a lot.
- STREET LINE
- The dividing line between a lot and the outside boundary of a public street, road or highway right-of-way legally open or officially mapped by a municipality or higher governmental authority between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan or between a lot and a private street or road over which the owners or tenants of one or more lots held in single and separate ownership have a right-of-way.
- Any man-made object having an ascertainable stationary location on in land or water, whether or not affixed to the land. The term “structure” shall include, but not limited to, buildings, signs, fences, walls, towers, swimming pools, porches, garages, flagpoles, windmills, water towers, silos, solar energy collectors and similar structures.
- The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
- SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
- The Caln Township Subdivision and Land Development Ordinance, also identified as “Chapter 137 of the Caln Township Code.”
- SUBSTANTIALLY CHANGE
- 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.[Added 9-12-2013 by Ord. No. 2013-06; amended 11-20-2014 by Ord. No. 2014-04]
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its previous condition would equal or exceed 50% of the market value before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Any repair, addition, reconstruction, rehabilitation or other improvement to a structure whereby the cost of such improvement equals or exceeds 50% of the market value of the structure before the improvements occurred.
- SUBTERRANEAN BUILDINGS
- A building covered by land on at least 50% of the combined surface of its walls and roof.
- SURFACE MINING
- The extraction of minerals, rock and other products of the earth by activities conducted upon the surface of the land which require the removal of the overburden, strata or material overlying, above or between the minerals, rock and other products of the earth, or by otherwise exposing and retrieving the minerals from the surface. Mining activities carried out beneath the surface by means of shafts, tunnels or other underground mine openings are not included in this definition.
- An individual registered with the Commonwealth of Pennsylvania as authorized to measure the boundaries of tracts of land, establish locations and perform the requirements of a survey.
- A. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep, including in-ground swimming pools, aboveground swimming pools, on-ground swimming pools, hot tubs and similar structures, which are further defined and regulated within the Caln Township Code.
- B. Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
- TAVERN or TAPROOM
- An establishment where alcoholic beverages are served to the general public as the primary portion of the trade in accordance with local and state laws.
- TELECOMMUNICATIONS FACILITY
- A structure, building, tower, antenna and other types of facilities utilized as primary or accessory uses for telecommunications. The following subdefinitions of telecommunications facilities are provided as follows:
- The science or technology of communications by electronic transmission of impulses as by telegraph, cable, cellular, telephone, radio, television, microwave, earth station broadcast/cable television communications and other similar technology not otherwise enumerated and as may evolve after enactment of this chapter.
- THORNDALE STATION OVERLAY DISTRICT
- A special overlay district established to provide unique provisions for transit-orientated land development activity, economic development, zoning alternatives, aesthetics, and architectural appearance within close proximity to the Thorndale Station, as further defined and regulated under § 155-44 of this Code.
- TOURIST HOME
- The temporary use and occupancy of a single-family detached dwelling for the purpose of accommodating transient guests for rent.
- TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
- Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.[Added 11-20-2014 by Ord. No. 2014-04]
- Caln Township, Chester County, Pennsylvania.
- TOWNSHIP ENGINEER
- The Caln Township Engineer.
- TRACKING SYSTEM
- A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.[Added 9-12-2013 by Ord. No. 2013-06]
- One or more lots assembled for the purposes of subdivision or land development.
- TRADE SCHOOL
- A commercial school carried on as a business, for the vocational
teaching and training of a trade or skill. This term shall not include
those uses defined as an automotive trade school.[Added 10-30-2008 by Ord. No. 2008-9]
- The temporary passing or crossing from one thing or person to another, or from place to place, provided the passing or crossing is temporary and not permanent.
- TRUCK or MOTOR FREIGHT ESTABLISHMENT
- An area of land, together with building, which can accommodate the transfer of cargo and freight with trucks or other motor vehicles.
- UNREGULATED YARD AREA
- Area on a lot which is not within a building or a defined
setback or yard area.[Added 9-12-2013 by Ord. No. 2013-06]
- The specific purpose for which land, a sign, structure or building is designed, arranged or intended, or for which it may be occupied or maintained, or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
- A service, facility, apparatus or use which provides electric, telephone, cable, sewer, water, natural gas and similar utility services to customers within a defined service area, grid, neighborhood region or municipality.
- Relief granted by the Zoning Hearing Board from the terms and conditions of this chapter where literal enforcement would create unnecessary hardship and when granting of the relief would not be contrary to the public interest.
- Any motor vehicle utilized for any lawful use which is properly licensed and inspected in accordance with all local, state and federal laws.
- VERY STEEP SLOPES
- Those areas which have a range of slope 20% or greater in
predevelopment condition.[Added 9-29-2005 by Ord. No. 2005-12]
- VETERINARY HOSPITAL or ANIMAL CLINIC
- A professional use operated by a doctor of veterinary medicine used for the diagnosis, care and treatment of small domesticated animals, including dogs, cats, reptiles and birds, which may include the provision for a medical laboratory, operating theater and overnight boarding accommodations.
- WAGERING ESTABLISHMENT or GAMBLING ESTABLISHMENT
- A use which provides facilities or locations where persons assemble for the purpose of any activity involving lawful gambling or wagering, including, but not limited to, bingo, games of chance, thoroughbred racing, harness racing or other lawful activities, games and devices at which money or other valuable items may be played for, stacked or betted upon in accordance with certain rules and regulations, whereas, a reward, win or loss may occur as a result of the activity. All such wagering or gambling establishments shall comply with all pertinent operational requirements and laws of Caln Township and the Commonwealth of Pennsylvania.
- WAREHOUSE or WAREHOUSING
- A building or group of buildings primarily utilized for storage, transfer, loading and unloading of certain products or commodities, but shall not include retail uses or trucking establishment, unless such use is specifically permitted in that district.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term “waste” shall also include and apply to waste considered as either hazardous, contaminated, toxic, residual, municipal or recyclable, as defined by the PA DEP and/or the Environmental Protection Agency.
- WATER SUPPLY SYSTEM
- A system designed to transmit water from the source to users in compliance with the requirements of the appropriate state agencies and the Township.
- A permanent or intermittent stream, river, brook, run, channel, swale, pond, lake or other body of surface water carrying or holding water, whether natural or artificial.
- The total land area where water drains into a particular watercourse.
- WATER TOWER
- A structure owned and operated by a company which is regulated by the Pennsylvania Public Utility Commission that is used to store water.
- Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The major characteristics of wetlands include vegetation, soil and hydrology.
- WETLANDS AND HYDRIC SOIL OVERLAY DISTRICT
- A conservation overlay of land and water which include areas of wetlands, hydric soils and high water table soils with hydric components, as further defined and regulated under § 155-35 of this Code.
- WHOLESALE or WHOLESALING
- Sales that primarily involve large transactions of commodities to other business and their agents and not to the general public.
- 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.
- WOODLAND EXTRACTION
- The clear cutting of mature trees (six inches or more in caliper) to provide area for development on an individual lot.
- WOODLAND PROTECTION OVERLAY DISTRICT
- A conservation overlay of woodlands and forested areas, which are further defined, categorized and regulated under § 155-37 of the Code.
- An area of land in which one or more contiguous acres are mostly occupied or covered by mature trees (six inches in caliper). The area of the woodlands shall be measured from the dripline of the outer trees.
- An open space on the same lot with a structure (or a group of structures) which lies between the structure (or a group of structures) and a lot line and which is unoccupied and unobstructed from the ground upward except as herein permitted.
- Division of all of the land of an entire political subdivision into districts having different regulations pertaining to use of land; height, area, bulk and use of buildings; yard requirements; and in some states density of population. Zoning is affected by local ordinance under the police power of the state granted by specific legislation generally termed an "enabling act."
- ZONING HEARING BOARD
- The Caln Township Zoning Hearing Board, as established by the Board of Commissioners to hear matters in accordance with this chapter.
- ZONING MAP
- The Caln Township Zoning Map.
- ZONING OFFICER
- The agent or official designated by the governing body to administer and enforce this chapter.
- ZONING ORDINANCE
- The Caln Township Zoning Ordinance of 2005, Chapter 155 of the Caln Township Code, as amended.
Editor's Note: Former 68 P.S. § § 700.101 through 700.805, the Pennsylvania Unit Property Act, was repealed 7-2-1980, P.L. 286, No. 82. See now 68 Pa. C.S.A. § 3101 et seq., the Pennsylvania Uniform Condominium Act.
Editor's Note: The former definition of “floodplain overlay district,” comprised of the subdefinitions “base flood or regulatory flood,” “floodplain,” “flood hazard district,” “flood hazard map,” “flood insurance study,” “one-hundred-year floodplain,” “floodway” and “floodway fringe,” which immediately followed this definition, was repealed 7-13-2017 by Ord. No. 2017-02. See now § 155-131, Floodplain regulations.
Editor's Note: The former definition of "massage parlor or therapeutically massage facility," which immediately followed this definition, was repealed 11-29-2018 by Ord. No. 2018-10.
Editor's Note: See 35 P.S. § 10231.101 et seq.
Editor's Note: The former definition of "mixed-use commercial and residential uses," which immediately followed this definition, was repealed 10-10-2013 by Ord. No. 2013-07.
Editor's Note: See 42 U.S.C. § 3601 et seq.
Editor's Note: The former definitions of "therapeutic massage" and "therapeutic spa or hot tub," which immediately followed this definition, were repealed 11-29-2018 by Ord. No. 2018-10.