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Caernarvon Township
City Zoning Code

ARTICLE III

Terminology

§ 500-5 Definitions; word usage.

[8-24-2010 by Ord. No. 257; 11-28-2017 by Ord. No. 295; 11-28-2017 by Ord. No. 289; 6-27-2018 by Ord. No. 292; 7-24-2018 by Ord. No. 294; 10-23-2018 by Ord. No. 297; 5-9-2019 by Ord. No. 286; 3-9-2021 by Ord. No. 302; 1-10-2024 by Ord. No. 319; 3-13-2024 by Ord. No. 321; 6-25-2025 by Ord. No. 327; 6-25-2025 by Ord. No. 328; 6-25-2025 by Ord. No. 329; 7-28-2025 by Ord. No. 332; 7-28-2025 by Ord. No. 333]
For the purpose of this chapter, certain terms and words are defined as follows. 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 words in the singular. The word "shall" is mandatory. The word "may" is permissive. Terms not defined in this chapter shall have the meaning customarily assigned to them.
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has 1% chance of occurring each year, although the flood may occur in any year).
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth to study or research medical marijuana.
ACCESSORY BUILDING
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
ACCESSORY DWELLING UNIT (ADU)
A secondary residential dwelling unit located on the same lot as the principle residential use. These self-contained units have their own ingress/egress, kitchen, and bathroom. A common example is an in-law suite, a basement apartment, or a garage converted into living space.
ACCESSORY SOLAR ENERGY SYSTEM
A solar energy system used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. Ground mounted or freestanding solar energy systems with an output size of not greater than 10kw shall be considered Accessory Solar Energy Systems. Roof Mounted Solar Energy Systems on the roofs of the buildings on-site used primarily for on-site use shall have no limit as to power output. An Accessory Solar Energy System consists of one or more free-standing ground or roof mounted solar arrays or modules, or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels for use on-site by the generator.
ACCESSORY USE
A subordinate use of a portion of the lot which is customarily incidental to the main or principal use of the land or of a building on the lot.
ADULT ENTERTAINMENT BUSINESS
A theater, place of amusement or store specializing in adult products, including a store commonly referred to as an "adult bookstore," where sexually explicit materials are available for sale, lease, display or exhibition, or where sexually explicit displays, shows, or activities occur for entertainment.
AGRICULTURE
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.
AGRIVOLTAICS
The co-development of the same area of land for both solar photovoltaic power and “Normal Farming Operations” as defined by P.L. 454, No. 133 (1982), the Protection of Agricultural Operations from Nuisance Suits and Ordinances Act, or any successor laws.
ANAEROBIC DIGESTER
A facility, the sole purpose of which is to use anaerobic digestion processes to manage and convert livestock and poultry manure that is mixed with liquid food waste organic materials brought into a facility from off-site in order to create biogas which is captured and either used on site to produce electricity, heat, and water or is conveyed via pipeline for use off-site. Types of anaerobic digesters include covered anaerobic lagoons, plug flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission pipelines to an off-site gas compression station, and other appurtenant structures and facilities. An anaerobic digester shall not include a solid food de-packaging facility and shall not accept or utilize any solid food waste for use in the anaerobic digestion process.
ANAEROBIC DIGESTION
The process in which microorganisms, in the absence of oxygen, convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas and digestate.
ANIMAL UNITS
One animal unit is equal to a total of 1,000 pounds of animal(s).
ANTENNAS
Any exterior transmitting or receiving device mounted on a telecommunications tower, building or structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
APARTMENT BUILDING
A building on a single lot designed for the occupancy as a residence for three or more families, and in which the dwelling units may be separated horizontally and/or vertically.
APARTMENT UNIT
A dwelling unit within an apartment building.
APPROVED PRIVATE STREET
A legally established right-of-way which provides the primary vehicular access to a lot and which has not been dedicated or deeded to Caernarvon Township.
AQUACULTURE
The cultivation of freshwater and marine plants and animals. Basic aquaculture enterprises include food fish production, fee fishing and ornamental fish production.
AREA DESIGNATION LINE
A line drawn on the plan of the proposed development designating the limits of various uses, as permitted by this chapter, drawn for the purpose of area and density computations.
ARTERIAL ROAD
Arterial roads are indicated on a highway classification map that shall be maintained by the Township Zoning Officer and the Township Planning Commission.
BASEMENT
A story partly underground having one-half or more of its height below the average level of the adjoining ground.
BED-AND-BREAKFAST
A premises that provides overnight guest accommodations including daily breakfast.
BEDROOM
A room or space designed to be used for sleeping purposes with two means of egress (one of which may be a window acceptable under the Building Code) and in close proximity to a bathroom. Spaces used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered bedrooms. Space used or intended for general and informal everyday use, such as a living room, den, sitting room or similar room, is not to be considered a bedroom.
BIOGAS
The principal product of anaerobic digestion which consists primarily of methane and lower amounts of carbon dioxide, hydrogen sulfide, water vapor, and trace amounts of other gases.
BUFFER STRIP
A continuous strip of landscaped land that is clear of all buildings and parking areas.
BUILDING
A combination of materials to form a permanent enclosed structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.
BUILDING AREA
The total area taken on a horizontal plane at the main grade level of all primary and accessory buildings on the lot.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the finished grade at the two front corners of the building to the highest point of the roof. Chimneys, spires, and other similar projections shall not be included in calculating the height of a building.
BUILDING SETBACK LINE
The line parallel to, and set back from, a street line. No building is permitted between the street line and the building setback line.
CAREGIVER
The individual designated by a patient to deliver medical marijuana.
CARTWAY
The portion of a street right-of-way, paved or unpaved, intended for vehicular use.
CASINO AND GAMBLING FACILITY
A gaming business establishment licensed as such by the Commonwealth of Pennsylvania that may include, but shall not be limited to, off-track betting parlors, slot machines, table games and other forms of gambling permitted by the commonwealth. A casino and gambling facility may include accessory uses, including but not limited to those set forth in § 500-69D of this chapter, but excluding adult entertainment and adult-oriented uses (i.e., sexually oriented business) defined and/or regulated by this chapter. A use shall not be deemed to be a casino and gambling facility on the basis of the sale of Pennsylvania lottery tickets, bingo conducted pursuant to the Bingo Law, and gambling activities conducted pursuant to the Local Option Small Games of Chance Act[1] (including tavern games).
CASINO/HOTEL
A casino and gambling facility as defined herein when accompanied with a hotel use on the same parcel or contiguous parcel.
CELL SITE
A geographic area or zone surrounding a transmitter in a cellular telephone system.
CERTIFIED MEDICAL USE
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth.
CHILD DAY-CARE CENTER
A facility in which care is provided for seven or more children, at any one time, with full-time adult supervision, where the childcare areas are not being used as a family residence.
CLINICAL REGISTRANT
An entity that:
A. 
Holds a permit both as a grower/processor and a dispensary; and
B. 
Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
CLUSTER DEVELOPMENT
A contiguous area of land, developed for residential purposes, the development of which is not required to meet the minimum lot size requirements of the particular zoning districts in which it is located, nor the yard requirements, but which must provide for common open space for the use and enjoyment of the residents of the development.
CO-LOCATION
The location of one or more communication antennas on one communications tower, building, public utility's transmission tower or other structures.
COMMON OPEN SPACE
A parcel or parcels of land or a combination of land and water within a cluster development and designed and intended for the use or enjoyment of residents of the cluster development, not including streets, off-street parking areas, wetlands, flood plains, permanent drainage easements, area having slopes in excess of 25% and areas set aside for public facilities. Common open spaces shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for recreational use by residents. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space.
COMMUNICATIONS ANTENNA
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas. The area shall not exceed 250 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
COMPREHENSIVE PLAN
The Caernarvon Township Comprehensive Plan.
CONTEXT SENSITIVE
A design concept applicable to transportation networks, development patterns, streets, alleys, buildings, architecture, pedestrian amenities, open spaces, landscaping, streetscaping, accessory structures, utility poles, wireless communication facilities, and the like, in which the design of the aforementioned item(s) is complimentary to and integrated with the aesthetics of its adjacent environs, which may range in scope, at the discretion of the Township, from the immediate area surrounding the item in question to the Township as a whole. Also may be referred to as "context sensitivity."
CORNER LOT
A lot abutting two or more intersecting public or private streets, or at the point of abrupt change of a single street (an interior angle of less than 135° and a radius line of less than 100 feet).
CUTOFF
A lighting fixture that has, either through its design or through separate shielding, no more than 10% of the lumens emanating from the light source traveling higher than 10° below the horizontal plane of the bottom of the fixture.
DEDICATION
The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DENSITY
The total number of dwelling units per acre, computed by dividing the number of units proposed by the number of acres proposed for development.
DEPARTMENT OF HEALTH (DOH)
The Pennsylvania Department of Health.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading and excavation; mining, dredging and drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT IN STAGES
A construction program extending over the period of development during which the annual number of dwelling units and mandatory improvements required by this chapter are completed.
DIGESTATE
The secondary and residual product of anaerobic digestion which consists of liquid and solid components.
DIRECTIONAL SIGN
A sign containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly or privately owned natural phenomena; historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation.
DISCONNECTED IMPERVIOUS AREA (DIA)
An impervious or impermeable surface that is disconnected from any stormwater drainage or conveyance system and is redirected or directed to a pervious area, which allows for infiltration, filtration, and increased time of concentration.
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna or node sites connected to a common source that provides wireless service within a geographical area or structure.
DWELLING
A building or portion thereof used for habitation by a family (such uses as hospitals, hotels, motels, boardinghouses, rooming or lodging houses, and institutional residences are not included in the definition of "dwelling").
DWELLING UNIT
One or more sleeping and/or living rooms arranged for use by one or more individuals living as a single housekeeping unit.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential building, excluding communications towers and communications antennas, as defined herein.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
FAA
Federal Aviation Administration.
FAMILY
Any number of persons living and cooking together as a single housekeeping unit.
FAMILY DAY-CARE HOME
Any premise, other than the child's own home, operated by a resident of the dwelling unit for profit or not for profit, in which child day care is provided at any one time to up to six children who are not relatives of the caregiver where the childcare areas are being used as a family residence.
FARM
An area of land used for agriculture. (See "agriculture.")
FARM DWELLING
A single-family detached dwelling intended or designed to be occupied exclusively as a residence for one family who are either owners, tenants or employed by the owner or tenant of land whose primary use is agriculture.
FARM-RELATED BUSINESS
A business substantially devoted to serving agricultural-based customers which can be conducted on a property which is primarily used for agriculture. Said businesses must be clearly farm-related and/or clearly designed to provide goods and services to the agricultural community.
FARM-RELATED OCCUPATIONS
An occupation that is clearly ancillary to the primary agricultural use of the property. This occupation will provide supplemental income to the person or persons involved in this agricultural occupation.
FCC
Federal Communications Commission.
FINANCIAL SECURITY
A form of security including a cash deposit, surety bond, irrevocable letter of credit, cashier’s check, or escrow account from a federal or Commonwealth chartered lending institutions in the amount of 110% of the total proposed decommissioning costs and in a form satisfactory to the Township and the Township Solicitor.
FLOOD
A temporary inundation of normally dry land areas.
FLOODPLAIN AREA
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse, and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improve real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
FLOOR AREA
The sum of the gross horizontal areas of every floor of a building, including basement space devoted to residential, commercial, or industrial use, and roofed porches, breezeways, roofed garages, carports, and other accessory buildings.
FLOOR AREA RATIO
The floor area in square feet of all buildings on a lot divided by the area of a lot in square feet.
FOOTCANDLE
A unit measuring lumens per square foot as measured by a light meter.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
FREESTANDING SIGN
An independently supported sign not attached to any building or structure.
FRONT LOT LINE
The line separating a lot from a street or other right-of-way.
FRONT YARD
The required open space between the street line and the principal building on a lot, extending the full width of the lot.
FULL CUTOFF
A lighting fixture where none of the lumens emanating from the light source are traveling higher than 10° below the horizontal plane of the bottom of the fixture.
GAS COMPRESSION STATION
A permanent combination of one or more compressors that move biogas at increased pressure through gathering or transmission pipelines, or into or out of storage.
GENERAL AGRICULTURE
An activity shall be considered general agriculture, provided the number of animal units is a maximum of 0.5 units per acre on parcels equal to or less than five contiguous acres, the number of animal units is a maximum of 1.0 units per acre on parcels greater than five contiguous acres, but less than 25 contiguous acres, and the area of greenhouses erected is less than or equal to 50,000 square feet. The production of mushrooms is excluded.
GLARE
The sensation produced by lighting that causes annoyance, discomfort or loss in visual performance and visibility to the eye.
GROUP DAY-CARE HOME
A facility operated by a resident of the dwelling unit in which care is provided for more than six but less than 12 children, at any one time, where the childcare areas are being used as a family residence.
HEIGHT OF A COMMUNICATIONS TOWER
The vertical distance measured from the ground level existing at the time of enactment of this chapter to the highest point on a communications tower (or "tower"), including the base pad and antennas mounted on the tower.
HIGHWAY ACCESS POINT
The location or place of egress from, or access to, a street or highway created by a driveway, minor street, or another highway.
HIGHWAY FRONTAGE
The lot dimension measured along the right-of-way or street line of any street or highway abutting a lot.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior as a registered historic district;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
HOME OCCUPATION, MAJOR
A use that is conducted as an accessory use which is clearly secondary to the use as a residential dwelling, but that does not meet the criteria for a no-impact home occupation or minor home occupation.
HOME OCCUPATION, MINOR
A use that is conducted as an accessory use which is clearly secondary to the use as a residential dwelling, but that does not meet the criteria for a no-impact home occupation.
IDENTIFICATION CARD
A document issued by the DOH that permits access to medical marijuana.
IDENTIFIED FLOODPLAIN AREA
The floodplain area specifically identified in this chapter as being inundated by the 100-year flood.
ILLUMINANCE
The quantity of light measured in footcandles.
IMPERVIOUS SURFACE
A surface not normally penetrated by water. All structures, buildings, parking areas, driveways, roads, sidewalks and any areas of concrete, asphalt or packed stone shall be considered impervious surface. Surfaces designed to allow infiltration (e.g., pavers and areas of porous pavement) are not to be considered pervious surface unless the design satisfies infiltration requirements as determined by the Township Engineer.
IMPROVEMENT
Any type of structure, excavation, or paved section, excluding driveway or curb, planting strip, or barrier to unchanneled motor vehicle entrance and exit in commercial and industrial districts.
IMPROVEMENT SETBACK LINE
A line parallel to, and set back from, a street line. No improvements are permitted between the street line and the improvement line.
INTENSIVE AGRICULTURE
An activity shall be considered intensive agriculture when the number of animal units per acre or the area of greenhouses erected as defined for general agriculture are exceeded.
INVASIVE PLANT SPECIES
Plant species that are not native to Caernarvon Township, grow aggressively, spread and displace native vegetation, and may cause economic or environmental harm or harm to human health. They can be trees, shrubs, vines, grasses or flowers.
JUNKYARD
A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal or other scrap or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
KENNEL
Any structure or premises in which more than four dogs more than six months old are housed, groomed, bred, boarded, or trained for commercial purposes. Kennels are subject to the standards of § 500-57 of this chapter.
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.
LANDFILL
A disposal facility or part of a facility where solid waste is placed in or on land.
LIGHT TRESPASS
Light emitted by a lighting installation that extends beyond the boundaries of the property on which the installation is located.
LOCAL ACCESS ROAD
Local access roads are indicated on a highway classification map which shall be maintained by the Township Zoning Officer and the Township Planning Commission.
LOT
A parcel of land occupied by one or more principal buildings and accessory buildings, including the open spaces required under this chapter. The area and depth of a lot abutting a street shall be determined by measurements to the street line.
LOT LINE
A line forming the front, rear, and side boundary of a lot.
LOT SIZE
The area of a lot.
LOT WIDTH
The distance measured between side property lines at the required building setback line, as required for the particular zoning district in which the property is located, and parallel to the right-of-way. However, in no event shall the lot width be less than one-half of the required lot width at any point within the property.
LOWEST FLOOR
The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the application nonelevation design requirements of this chapter.
LUMEN
The light output rating of a lamp or light source.
LUMINAIRE
A complete lighting unit, including the fixture housing and the light source or lamp, but not including the mounting structure or pole.
MAJOR COLLECTOR
Major collector roads are indicated on a highway classification map which shall be maintained by the Township Zoning Officer and the Township Planning Commission.
MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site completed and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted by the Pennsylvania Medical Marijuana Act, Pennsylvania Act 16 of 2016.[2]
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the department to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Pennsylvania Medical Marijuana Act, Pennsylvania Act 16 of 2016.[3]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Pennsylvania Medical Marijuana Act, Pennsylvania Act 16 of 2016.[4]
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
A dispensary or a grower/processor of marijuana for medical purposes.
MINOR COLLECTOR
Minor collector roads are indicated on a highway classification map which shall be maintained by the Township Zoning Officer and the Township Planning Commission.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, containing in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MULTIFAMILY DETACHED DWELLING
A building designed and intended for occupancy by three or more families living independently of each other and doing their own cooking therein, including apartment houses, flats, garden apartments and boardinghouses.
MUNICIPAL USE
A land use owned and maintained by Caernarvon Township, including such uses as a library, park, playground, or administrative building.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after December 5, 1980, and includes any subsequent improvements thereto.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. 
The business shall employ no employees other than family members residing in the dwelling.
C. 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. 
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
G. 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. 
The business may not involve any illegal activity.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.
OCCUPANT
A person staying at the short-term rental overnight. A person located on the short-term rental premises shall be deemed an occupant unless established otherwise by the owner, person in charge or tenant.
OPEN SPACE AND RECREATION AREA
Required ground surface upon which no dwelling or accessory uses thereto may be constructed and upon which no loading or parking areas are permitted. The area shall be available for the use of all residents of the development in which it is located.
OWNER
The individual, entity, or entities holding legal title to a particular property.
PARKING SPACE
A space within a building or on a lot used for the parking of a motor vehicle.
PARTY WALL
A wall used or adopted for joint service between two buildings.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject or rights and duties.
POLE
A vertical structure specifically designed for the mounting of a luminaire for use in exterior areas away from buildings.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any communications tower or antenna for which a building permit or special use permit has been properly issued prior to effective date of this chapter, including permitted communications towers or antennas that have not yet been constructed, so long as such approval is current and not expired.
PREMISES
A descriptive word to include all improvements, buildings and land on or within a lot.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is suited.
PRINCIPAL SOLAR ENERGY SYSTEM
A solar energy system principally to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal Solar Energy Systems consist of one or more free-standing ground or roof mounted solar collector devices, solar related equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
PRINCIPAL USE
The main or primary purpose for which the land, structure, or building is designed, arranged, or intended, and for which they may be occupied or maintained under this chapter.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq., known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the 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.
PUBLIC ROAD
A public thoroughfare, including a street, road, lane, alley, or court, which has been dedicated or deeded to the Township and which affords the principal means of access to the abutting property.
PUBLIC UTILITY TRANSMISSION TOWER
A structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
REAR LOT LINE
The lot line which is opposite from the front lot line. The rear line of any triangularly or irregularly shaped lot shall be a line entirely within the lot and at least 10 feet long.
REAR YARD
The required open space between the rear lot line and the principal building on the lot, extending the full width of the lot.
RECREATIONAL VEHICLE
A vehicle which is:
A. 
Built on a single chassis;
B. 
Not more than 400 square feet measured at the largest horizontal projections;
C. 
Designed to be self-propelled or permanently towable by a light-duty truck; and
D. 
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGIONAL ANAEROBIC DIGESTER
An anaerobic digester that accepts and utilizes livestock and poultry manure which is collected from on-site agricultural operations and liquid food waste organic materials generated off- site and delivered to the Regional Anaerobic Digester for the purpose of producing biogas through anaerobic digestion.
REGISTRY
The registry established by the DOH for all medical marijuana organizations and practitioners.
REGULATORY FLOOD ELEVATION
The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
REQUIRED OPEN SPACE
The front, side and rear yards, as required by this chapter, and any other area required to satisfy the net residential density requirements of this chapter.
RETAIL
The sale of goods to end users, not for resale, but for use and consumption by the purchaser. Retail involves the sale of merchandise from a single point of purchase on-site directly to a customer who intends to use that product. This term shall not include an adult entertainment business use.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a road, street, lane, alley, or crosswalk.
RIPARIAN RIGHTS
Rights relating to the bank of a stream or lake.
SANITARY LANDFILL
A land site on which engineering principals are utilized to bury deposits of solid wastes without creating public health or safety hazards, nuisances, pollution or environmental degradation.
SCREEN
Vegetative material, fence, etc., planted or constructed to screen the structure and uses on the lot on which the screen is located from view of people on adjoining properties.
SHORT-TERM RENTAL (STR)
A dwelling unit, or portion thereof, that is offered or provided to a guest by a property owner or their agent for a fee for fewer than 30 consecutive nights. They are commonly referred to as "vacation rentals." They are a form of tourist or transient accommodations. Short-term rental units may be whole house rentals, apartments, condominiums, or individual rooms in homes. For the purpose of administration and enforcement of this title, the terms "overnight rental," "nightly rental," and "vacation rental" are interchangeable with "short-term rentals." Subleasing or subletting of units for short-term rental is prohibited if the zoning in the district in which the dwelling unit is located does not permit such use.
SIDE YARD
The required open space between the side lot line and the principal building on the lot extending the full depth of the lot.
SIGHT TRIANGLE
An area within which no vision-obstructing object is permitted above a certain height and below a certain height.
SIGN
Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, work, model, picture, insignia, device or representation which is used as an announcement, direction or advertisement.
SINGLE-FAMILY DETACHED DWELLING
A building occupied exclusively as a residence for one family and having no common or party wall within an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLING
A building designed for and occupied exclusively as a residence for two families, each living on one side of a common or party wall.
SOLAR ARRAY
A system of a group of solar panels connected together.
SOLAR ARRAY CONNECTION
The low-voltage electric lines which connect Solar Related Equipment.
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR ENERGY PROJECT
A grouping of two or more Principal Solar Energy Systems which are held by the owner or leased to a common lessor and which are part of a single solar energy production development project.
SOLAR ENERGY PROJECT OWNER
The individual, group or entity responsible for the permitting, construction and operation of a Principal Solar Energy System or Solar Energy Project ("PSES Developer").
SOLAR ENERGY SYSTEM
Any solar energy device or any structural design feature mounted on a building or on the ground, and the primary purpose of which is to provide for the collection, storage and distribution of solar or radiant energy from the sun and used for heating or cooling, for water heating and/or for the generation of electricity.
SOLAR FACILITY CONNECTION
The high-voltage electric conveyance lines which connect a Principal Solar Energy System to the Solar Project Connection.
SOLAR MECHANICAL EQUIPMENT
The inverters, substations, and similar equipment associated with and necessary for the operation of the solar energy system. This definition specifically excludes the solar panels and any racking or similar systems used to anchor the solar panels.
SOLAR PANEL
That part or portion of an Accessory Solar Energy System or Principal Solar Energy System containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR PROJECT CONNECTION
The electric conveyance lines which connect a Principal Solar Energy System to the high-voltage electric interconnection grid.
SOLAR RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, panel or array or solar hot air or water collective device panels, lines, pumps, batteries, mounting brackets, framing and foundations or other structures used for or intended to be used for collection of solar energy.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or containing gaseous materials.
SPECIAL PERMIT
A special approval which is required for hospitals, nursing homes, malls, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all or a designated portion of a floodplain.
STEALTH TECHNOLOGY or STEALTH
Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them 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 method include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flag poles and light poles.
STORAGE
The deposit of goods, materials, vehicles or products intended for future disposition.
STREET
A way intended to provide access to properties and including a road or highway.
STREET FRONTAGE
The lot dimension measured along a street line or right-of-way line of any street or highway abutting a lot.
STREET LINE
A dividing line between a lot, parcel or tract of land and an adjacent right-of-way line of any state or Township roadway, or any private road which meets the Township standards for public streets with respect to improvements and design standards which has been approved by the Township as part of a subdivision or land development plan, or a private road which is currently in existence and presently serves as access to more than one property.
STRUCTURAL ALTERATION
Any enlargement of a building; the moving of a building from one location to another; or any change in or addition to the supporting members of a building or structure.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land and something located on the land. The term structure shall include buildings, signs, fences, walls, towers, swimming pools, porches, garages, and similar structures. "Structure" shall be interpreted as including the words "or part thereof." Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, or other similar items.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court of distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted.
SUBSTANTIAL DAMAGE
Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
B. 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
TOWNHOUSE
A building designed for and occupied exclusively as a residence for one family and one of a group of three or more attached buildings, placed side by side and separated by party walls. The definition of "townhouse" shall include single-family attached dwelling units and rowhouses.
TOWNSHIP
Caernarvon Township, Berks County.
TRANSIENT VISITOR
An individual who rents a short-term rental.
TRUCKING ESTABLISHMENT
One or more building(s) or structure(s) used collectively for the purpose of storing, servicing, repairing, or loading trucks or transport trailers. The term shall not include a gas compression station or any appurtenances thereto.
TWO-FAMILY DETACHED
A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other and with no common or party wall with an adjacent building.
TWO-FAMILY SEMIDETACHED
A building designed for and occupied exclusively as a residence for two families living on one side of a common or party wall and one of the families living wholly or partly over the other.
USE
A single activity.
WAREHOUSE
The storage of goods, materials or wares owned by the occupant (e.g., raw materials waiting to be processed or assembled by the occupant or finished goods or wares waiting to be shipped to a customer).
WHOLESALE RETAIL CENTER
A retail use (i.e., membership warehouse clubs) that sells bulk merchandise primarily to the general public, but also to contractors/builders and businesses, in a store-like setting.
YARD
The required open unoccupied space on the same lot with a building. The space shall be open and unobstructed from the ground upward, except as otherwise provided, and not less in depth or width than the minimum required in each zoning district.
ZONING HEARING BOARD
Caernarvon Township Zoning Hearing Board.
ZONING OFFICER
Caernarvon Township Zoning Officer.
ZONING ORDINANCE
Chapter 500, Zoning, of the Code of Caernarvon Township.
[1]
Editor's Note: See 10 P.S. § 301 et seq., and 10 P.S. § 311 et seq., respectively.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[3]
Editor's Note: See 35 P.S. § 10231.1901 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.1901 et seq.