The following terms shall have the corresponding meanings:
ABANDONMENTThe relinquishment of a use without the intention to resume it for a period of one year.
ACCESSORY USE OR STRUCTUREA use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ADAPTIVE REUSEThe development of a new use for a building originally designed or used for another purpose.
ADJUSTED TRACT AREAThe total area within a lot, exclusive of current and proposed roads and rights-of-way, slopes over 25%, floodplains, wetlands, watercourses, stormwater management facilities, recreation areas, historic resources, etc., as determined in Table 4 of this chapter.
ADMINISTRATIVE OFFICEAn establishment primarily engaged in management and general administrative functions such as executive, personnel, finance, and sales activities.
ADULT COMMERCIAL USEAdult commercial uses shall include the following:
A. An establishment where the principal use is devoted to the display and selling of pornographic materials, pictures, drawings, photographs, films, or other depictions or printed matter and paraphernalia which, if sold knowingly to an individual under the age of 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania.
B. Adult entertainment establishments such as cabarets, nightclubs, movie theaters, bars or similar establishments providing live or media entertainment when one or more of the activities listed in Subsection
A of this definition are emphasized.
C. Any other business, establishment, or club which offers its patrons services, entertainment, or retail goods or commercial services characterized by an emphasis on activities or matter depicting, describing, relating to, or displaying sexual or erotic activities.
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
AGRICULTURAL-RELATED BUSINESSAn establishment primarily engaged in the following activities: soil preparation services, crop services, landscaping, horticultural services, large-animal veterinary or other animal services, farm labor and management services, feed, seed and fertilizer stores, sale and repair of farm machinery and farm vehicles, stables, aquaculture, or apiaries.
AGRICULTURE, INTENSIVEActivities involving the accelerated processing or production of agricultural products, or concentrated animal operations as calculated by the formula in Appendix 2, including but not limited to mushroom production, chicken houses, feedlots, facilities for the accelerated growth or raising of animals, hog and poultry houses.
AGRITAINMENTA form of entertainment that is based on the periodic use of a farm as a subordinate land use, such as hayrides and similar activities.
AIRPORT, PERSONAL USEAn area for landing and takeoff of aircraft (including ultra-lights and balloons, but not including helicopters) which is restricted solely for noncommercial use, is not conducted for financial return, and at which commercial flight operations are not conducted.
ALTERATIONAny change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, or girders, as well as any change in exterior doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one location to another.
AMUSEMENT ARCADE OR PARKA recreational use involving permanent structures or buildings where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items, and buildings for shows or entertainment.
ANIMAL HOSPITAL/VETERINARY OFFICEA place where animals or pets are given medical or surgical treatment and where the boarding of animals is limited to short-term care incidental to the hospital use.
ANIMAL SHELTERThe keeping of more than 10 dogs or more than 20 cats over six months of age, or a combination of dogs and cats equaling more than 15 animals, which are lost, strays, unwanted, unlicensed or unowned, whether or not the shelter is for the purpose of eventual adoption of the animals or whether the shelter is run as a for-profit or nonprofit operation.
ANTENNA HEIGHTThe vertical distance measured from grade to the highest point of the support structure or antenna, whichever is higher. If the support structure is on a sloped grade, then the lowest grade shall be used in calculating the height.
ANTENNA SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
ANTENNA, RADIO OR TELEVISIONA device, either freestanding or attached to a building, used for receiving frequency signals, including television and radio antennas and which is not used for commercial purposes. Such devices shall also include ham and citizen band radio antennas used by amateur radio operators.
ANTENNA, COMMERCIAL COMMUNICATIONSA structure that includes a transmitting, receiving, or relay tower and support structures and accessory buildings that is licensed by the Federal Communications Commission for the specified purpose of television, radio, telephone or other communications beyond that which would be used for normal personal or residential use. Such uses shall include a cellular, television, radio, or microwave tower.
ANTENNA, MICROWAVE DISHA parabolic earth-based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish antenna," used or intended to receive microwaves, radio waves, or electromagnetic waves from an overhead satellite.
APPLICANTA landowner or developer, as herein defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary or final, required to be filed and approved prior to the 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.
AUTOMOBILE SALESThe use of any building, land area or other premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use.
AUTOMOBILE SERVICE OR GAS STATIONAny area of land, including structures thereon, or any building or part thereof, that is used for the sale of motor vehicle fuel or accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs, or the storage for sale of new or used motor vehicles.
AUTOMOTIVE REPAIR FACILITIESEstablishments engaged in furnishing automotive repair services to the general public and which may include painting or body and fender repairs.
BANKING (OR FINANCIAL INSTITUTION)Any building wherein the primary occupation or use is concerned with such businesses as banking, savings-and-loan associations, credit unions, loan companies, mortgage companies, or investment companies.
BASE SITE AREAThe portion of a total tract that results after all existing and proposed road and utility rights-of-way are deducted.
BASEMENTAny area of a building having floor below ground level all sides.
BED-AND-BREAKFASTA building occupied by a resident innkeeper containing eight or fewer guest rooms for the temporary lodging of guests for compensation and providing to the guests such lodging services as maid service and accessory eating-and-drinking facilities limited to the serving of breakfast.
BILLBOARDA sign that directs attention to a business, commodity, service or entertainment not conducted, sold or offered upon the premises where the sign is located.
BUFFERAn area that provides year-round visual and/or sound attenuation between uses, through the application of such means as plantings, earthen berms, depressions, fences, and walls.
BUILDINGA combination of materials to form a permanent structure having walls and roof, including all manufactured homes and trailers used for human habitation.
BUILDING HEIGHTThe vertical measurement from the mean level of the ground abutting the building to a point mid-way between the highest and lowest points on the roof, excluding the chimney and/or mechanical equipment and antennas above the roof.
BUILDING LINEA line formed by the intersection of a horizontal and a vertical plane that coincides with the exterior surface of a building on any side.
BUILDING SETBACK LINEThe line established within a lot, measured from the adjacent street right-of- way and parallel thereto. In the case of an existing interior lot not fronting a street for its entire width, the building setback line shall be measured between a line parallel to the street right-of-way measured from the interior property line nearest the street and a parallel line within the lot that corresponds to the minimum front yard setback dimension.
BUILDING, ACCESSORYA structure that is not structurally attached to, and is subordinate to, the principal building on a lot and used for purposes customarily incidental to those of the principal building.
BULK REGULATIONSStandards that control the height, density, intensity and location of structures, i.e., setbacks or yard requirements.
BUSINESS OFFICEAn office where a particular kind of business is transacted or a service is supplied and shall be limited to offices for management, consulting, recordkeeping, and clerical work of a commercial, industrial, mercantile, or service enterprise.
CARTWAYThe traveled portion of a street (paved or unpaved) or right-of-way intended for vehicular use.
CELL SITEA tract or parcel of land that contains the commercial communication antenna, its support structure, accessory buildings, and parking, and may include other uses associated with, and ancillary to, commercial communication transmission.
CEMETERYLand used or intended to be used for interment of deceased humans or animals, including mausoleums and mortuaries when operated in conjunction within the cemetery and within its boundaries.
CLEAR SIGHT TRIANGLEA triangular area of unobstructed vision at a street intersection, defined by lines of sight between points at a given distance from the intersection down the center lines of the street.
CLEAR-CUTTINGThe felling of all trees on a tract of land, or any portion thereof, at one time.
CLUB or LODGEA building utilized as a private club or social organization offering restaurant or bar privileges for members.
COMMERCIALA use of land, or improvements thereto, for the purpose of engaging in retail, wholesale or service activities for profit.
COMMERCIAL COMMUNICATIONS ANTENNAA commercial device used to receive and/or transmit wireless communication or radio signals (commonly referred to as "antenna" within the context of wireless communication facilities).
COMMON OPEN SPACEA parcel or parcels of land, an area of water, or a combination of land and water within a development site which is designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMMUNITY WASTEWATER TREATMENT SYSTEMA sewage disposal facility designed to serve a specific number of users in a particular development and that is permitted by the Pennsylvania Department of Environmental Protection, but which shall not include experimental permitting, and which is owned and operated by a private entity which may include a Pennsylvania Public Utility Commission-chartered entity limited to serve the particular development.
COMMUNITY WATER TREATMENT SYSTEMA potable water supply facility designed to serve a particular development and which is permitted by the Pennsylvania Department of Environmental Protection, and which is owned and operated by a private entity that may include a Pennsylvania Public Utility Commission-chartered entity limited to serve the particular development.
COMPLETELY DRY SPACEA space that will remain totally dry during flooding; the structure is designed to prevent the passage of water and water vapor.
CONSTRUCTIONThe erection, rebuilding, renovation, repair, extension, expansion, alteration, demolition, or relocation of a building or structure, including the placement of mobile homes.
CONVENIENCE STOREA retail activity designed to serve a local market which involves, but is not limited to, any of the following uses: delicatessen, food market, or videotape rental.
CONVERSIONAn alteration of an existing building, structure or land to a new use which imposes other special provisions of a law governing building construction, equipment, exits or zoning regulations.
DAY CAREDay care shall include the following, when in compliance with the applicable requirements of the Pennsylvania Department of Human Services Office of Children, Youth and Families and any other applicable state regulation pertaining to day-care facilities:
B. COMMERCIAL CHILD DAY-CARE CENTERA facility which exclusively provides supplemental parental care and/or instruction to children who are not related to the caregiver or operator; where tuition, fees, or other forms of compensation are charged; and which is licensed or approved to provide child care by the Commonwealth of Pennsylvania.
C. HOME DAY CAREA major home occupation, in which a private residence is used for the care and supervision of six or more children or adults who are not related to the caregiver.
DENSITY, GROSSThe total land area divided by the total number of dwellings to be housed thereon, expressed in dwelling units per acre.
DENSITY, NETThe number of dwelling units per acre, including yards, off-street parking and driveway facilities directly serving those dwellings, but excluding common open spaces, permitted commercial uses, public streets, and other public grounds and rights-of-way.
DEVELOPERAny landowner, agent of such landowner, or tenant with permission of such landowner, or equitable owner, who makes or causes to be made an application for a subdivision or land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT PLANThe provisions for development (written and graphic materials), a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use of density of development, streets, ways and parking facilities, common open space and public facilities.
DRAINAGEThe movement of water from an area by stream or sheet flow, and removal of excess water from soil by downward flow.
DRINKING ESTABLISHMENTAny inn, tavern, restaurant, club or lodge where alcoholic beverages are consumed on the premises.
DWELLINGAny building or other structure designed for and occupied exclusively for residential purposes, including an apartment and mobile home, but excluding rental units in a motel, rooming house, tourist home, institutional home, dormitory, and the like. It is the intention to include within the definition of dwelling all recognized housing types, architectural types or styles, or combinations thereof, whether such housing units are for lease or for sale. Dwelling types include, but are not limited to, the following:
A. DOUBLE-FAMILY FARM DWELLINGA single-family semidetached (twin) dwelling, but without a common vertical wall separating the two dwellings and which may include common housekeeping elements, typically found in farms housing an extended family.
B. DUPLEXA building designed for and occupied exclusively as a residence, containing two dwellings, in an "over and under" arrangement, separated by a horizontal common or party wall and having yards on all sides.
C. MULTIFAMILYA building designed for and occupied exclusively as a residence, containing three or more dwellings, but which does not meet the definition of a "townhouse."
D. SINGLE-FAMILY ATTACHED (TOWNHOUSE)A building designed for and occupied exclusively as a residence, containing three but not more than eight dwellings, each accommodating one family and which are attached by a vertical common party wall and which have side yards adjacent to each end unit.
E. SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence, containing one dwelling and having no common or party wall with an adjacent dwelling, and having yards on all sides. Where a private garage is structurally attached to such building, it shall be considered as a part of the building.
F. SINGLE-FAMILY SEMIDETACHED (TWIN)A building designed for and occupied exclusively as a residence, containing two individual dwellings separated by a vertical common or party wall and having yards on all but one side.
DWELLING UNITA single living space for one family, excluding individual rental units in a motel, rooming house, tourist home, institutional home, dormitory, and the like, which includes eating, sleeping and bathroom facilities.
EATING ESTABLISHMENTA place of business open to the public that dispenses prepared food and nonalcoholic beverages.
EDUCATIONAL USEUse of land or a building(s) for the establishment and maintenance of a public or private college, secondary or elementary school, or other educational institution for the primary purpose of instruction and learning.
EFFECTIVE DATE OF THE ORDINANCEThe date upon which this chapter officially comes into effect, except that with respect to the subject matter of any amendment said date shall mean the date upon which the particular amendment became or becomes effective.
ELECTRIC SUBSTATIONBuildings or structures and equipment erected and used for the purposes of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews.
ENGINEER, TOWNSHIPA professional engineer, licensed by the Commonwealth of Pennsylvania, and duly appointed as the engineer for the Township.
ENVIRONMENTALLY SENSITIVE AREASThose areas of land the disturbance of which would contribute significantly to the degradation of environmental conditions or amenities.
ESSENTIALLY DRY SPACEA space which will remain dry during flooding, except for the passage of some water vapor or minor seepage, the structure is designed to be substantially impermeable to the passage of water.
FAMILYOne or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
FENCE or WALLAny freestanding and uninhabited structure erected to secure or divide a property from another, or parts of a property from the remaining part of the same property.
FILLMaterial, exclusive of structures, placed or deposited so as to form an embankment or to raise the surface elevation of the land.
FLOODA temporary inundation of normally dry land areas.
FLOOD ELEVATION, BASEThe 100-year flood elevation. Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain, which is nearest to the site in question.
FLOOD FRINGEThe remaining portions of the 100-year floodplain in those areas in the Flood Insurance Study where a floodway has been delineated. The basis for the outermost boundary of this area shall be the 100-year flood elevations as shown in the flood profiles contained in the Flood Insurance Study.
FLOODPLAINA flood plain shall include:
A. That land adjoining a river, stream, pond, lake, or watercourse that is within 50 feet from its banks.
B. An area adjoining a river, stream, pond, lake, or watercourse that is subject to partial or complete inundation during a 100-year design frequency storm.
C. An area subject to unusual and rapid accumulation of runoff or surface water from any source.
FLOODPLAIN AREA or IDENTIFIED FLOODPLAIN AREAA relatively flat or lowland 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.
FLOOD, 100-YEARA flood that, on the average, is likely to occur once every 100 years; that is, that has a 1% chance of occurring each year, although the flood may occur in any year.
FLOOD, BASE or FLOOD, 100-YEARThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared. For the purposes of this chapter, the base flood shall be the 100-year flood.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAYThe designated area of a floodplain required to carry and discharge floodwaters of a given magnitude, and which shall be capable of accommodating a flood of the 100-year magnitude.
FLOOR AREA, GROSSThe sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of the wall separating two buildings, but not including interior parking spaces, interior loading space for motor vehicles, or any interior space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, GROSS USABLEThat floor area within a building, on all floors of such building which are used for or related to the business or use conducted within the building, including all lavatory areas, corridors, storage areas and other areas used to keep stock and inventory, but exclusive of elevator shafts, stairwells, a first-floor lobby, basement storage area, and any room or area dedicated to the heating plant, air-conditioning equipment or other utility areas necessary for the operation of the building.
FLOOR AREA, HABITABLEThe floor area within exterior walls designed for year-round human occupancy, excluding such spaces as garages, accessory buildings, basements, attics, patios and porches.
FORESTRYThe management of forests and timberlands when practiced in accordance with sustainable practices, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.
FRONTAGEThe length of a front lot line coinciding with a street line.
GARAGE OR YARD SALEThe temporary display and sale of goods and craft items on a residentially used property.
GARAGE, PRIVATEAn accessory building or 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.
GARAGE, PUBLIC PARKINGA building other than a private garage, used for the commercial storage or parking of motor vehicles.
GOLF COURSEAn organized, unlighted playing area containing a minimum of nine holes, constructed according to generally recognized golfing standards but excluding miniature golf courses and driving ranges.
GREENHOUSE, COMMERCIALA building or structure over 5,000 square feet whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature or humidity can be regulated for the commercial cultivation of plants or produce.
GROUNDWATER RECHARGEThe replenishment of water, contained in interconnected pores located below the water table in an aquifer, from the infiltration of precipitation, streams, lakes, or other water sources.
GROUP HOMEA licensed community-based living arrangement functioning as a single household and providing habilitation services and which provides residential services to persons who, due to age, disability or handicap, are not able to live without professional care or supervision. Group homes shall not include alcoholism or drug treatment facilities, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. (See also "transitional housing.")
HELIPORTAn area of land or a structural surface which is designed, used, or intended to be used for the landing and takeoff of helicopters, and which includes appurtenant areas which are designed to be used for helicopter support facilities such as maintenance, refueling, and hangars.
HELISTOPAn area of land or a structural surface that is designed, used, or intended to be used for the landing and takeoff of helicopters, but which is restricted in use to the persons authorized by the owner of the facility.
HIGHWAY COMMERCIAL DEVELOPMENTA commercial facility located on a contiguous area of 10 acres or more that includes at least five retail stores that have a gross floor area of at least 100,000 square feet.
HISTORIC RESOURCE OR STRUCTUREAny structure, parcel, or site that is:
A. Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the United States Secretary of the Interior;
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; or
E. Any building, site or parcel identified as having historic or cultural value in either the Conestoga Township Comprehensive Plan or Our Present Past, prepared by the Lancaster County Historical Commission.
HOME OCCUPATIONThe use of a dwelling and/or accessory structure, or part thereof, incidental and accessory to the residential use of the premises and customarily carried on by one or more occupants of the dwelling. Home occupations include, but are not limited to, medicine, dentistry, architecture, beauty care, law, art, brokerage, veterinary practice and sales.
HOME OCCUPATION (NO-IMPACT)A business of commercial activity administered or conducted as an accessory use that is clearly secondary to a residential dwelling and that 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 a residential use.
HOMEOWNERS' ASSOCIATIONA nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owner property. This term is synonymous with "property-owners' association."
HORTICULTUREThe cultivation of trees, shrubs, flowers, or ornamental plants.
HOSPITALAn institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, or other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTELAn establishment open to transient guests and in which lodging with or without meals is offered for compensation and in which access to guest rooms is from an interior lobby, corridor or hallway accessed from a common entrance.
IMPERVIOUS SURFACESAreas or materials, such as buildings, structures, and paved areas, which are impenetrable by liquid and are incapable of allowing groundwater recharge or absorbing precipitation and liquids.
INDUSTRIAL PARKA grouping of two more industrial establishments that are subdivided and developed according to a unified plan that includes the common use of streets and utilities.
ITE TRIP GENERATION RATESVehicle trips generated for a particular size of land use published by the Institute of Transportation Engineers, ITE Trip Generation Manual, latest edition.
JUNKYARD and JUNKAny area or structure used for the collecting, storage and/or sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, or salvaging of machinery or wrecked, disabled, or unregistered vehicles. The collecting, dismantling, deposit, storage and/or salvaging of two or more wrecked vehicles, disabled, currently unregistered or without a current inspection, shall constitute a junkyard. Toxic wastes, radioactive materials, poisons, and other potentially harmful substances are excluded from this definition. "Junk" shall include the items in a junkyard.
KENNELThe use of land, buildings or structures for the purpose of breeding, boarding, training or grooming customary household pets for compensation, or the maintenance of four or more dogs that are more than six months old on a single lot or contiguous lots under single ownership or lease.
LABORATORYA building or group of buildings in which are located facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.
LAND DEVELOPMENTAny of the following activities:
A. The improvement 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.
C. The following activities shall not be considered as land developments:
(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(2) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building;
(3) The addition or conversion of buildings or rides within the confines of an enterprise that constitutes an amusement park. This exclusion shall not apply to newly acquired acreage by an amusement park until the proper authorities have approved initial plans for the expanded area.
LANDOWNERThe legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPINGThe planting of turf-grass or other appropriate ground cover in all open areas of the lot, and, in addition, the planting of evergreen and deciduous trees, and shrubs, including the maintenance thereof, for the control of erosion, retention of precipitation, protection against the elements, promotion of human comfort, and otherwise protecting the public health, safety and welfare. (Also see "screen.")
LOADING SPACEA space, accessible from a street or accessway, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit, excluding any area within a public street right-of-way.
LOT AREAThe area contained within the lot lines of an individual parcel, excluding any street and railroad rights-of-way and common open space.
LOT COVERAGEThe ratio of the total ground floor area of all impervious surfaces to the total area of the lot on which they are located.
LOT LINEA property boundary line of any lot held in single and separate ownership exclusive of a street right-of-way.
LOT LINE, FRONTThe lot line abutting and coinciding with a street right-of-way line; in the case of a corner lot, each street on which the corner lot abuts shall be considered a front lot line.
LOT LINE, REARA lot line opposite and most distant from the front lot line; if the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line. In the case of a corner lot, see "yard, front."
LOT WIDTHThe distance, in feet, between the two opposite side lots, or between the side lot line and the front lot line in the case of a corner lot, measured at either the minimum building setback line or the street line, and parallel to the street line.
LOT, CORNERA lot bounded by two or more intersecting streets, or at the point of change in direction of a single street when the interior angle of which is not greater than 135°. Each street on which the corner lot abuts shall be deemed a front lot line and the other lines shall be deemed to be rear lines.
LOT, FLAGA lot which provides access to a public road by a driveway which passes through a portion of the lot that does not meet minimum lot width requirements at the street line or at the required minimum building setback line.
LOT, MOBILE HOMEA 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.
LOT, REVERSE OR DOUBLE FRONTAGEA lot extending between and having frontage on two generally parallel streets with vehicular access only from the minor street.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area (including the basement). An unfinished, flood-resistant partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOMEA 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 complete 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. Also includes park trailers, travel trailers, recreational and similar vehicles that are placed on a site for more than 180 consecutive days.
MANUFACTURED HOME PARKA 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 CENTEROffices for the medical or dental examination and treatment of persons as outpatients, including laboratories incidental thereto.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MINI WAREHOUSEStorage units provided for lease to the public for the purpose of storage of personal property generally stored in residential structures and in which each storage unit has direct access from the outside.
MINIMUM BUILDABLE AREAThat area of a lot that has no development restrictions. The minimum buildable area shall not include the area of any required setbacks (except driveways that cross yards), buffer yards, natural features with one 100% protection as specified in Table 4 of this chapter, and the portion of other protected natural features that may not be developed or intruded upon.
MINOR REPAIRThe replacement of existing work with equivalent materials for the purpose of 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 or rearrangement of any required means of egress; nor shall minor repairs include addition to, alteration 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.
MIXED USEThe use of a building or a lot for two or more principal uses.
MOBILE HOME (ALSO MANUFACTURED HOME)A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two 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.
MOTELAn establishment open to transient guests and in which lodging with or without meals is offered for compensation and which has a parking space for each guest facility and access directly from the outside.
MUNICIPAL USEAny building, structure, facility, complex, area, or use, provided, constructed, or maintained by the municipal government of the Township.
NEIGHBORHOOD COMMERCIAL USECommercial uses intended primarily for the use of local residential neighborhoods within the Township. Neighborhood commercial uses include retail businesses for the sale of food, drugs, flowers, household goods, newspapers, stationery, art supplies, fine art sales, and tobacco; and personal service uses, including barbershops or beauty shops, tailor shop, photographic studios, shoe repair, and similar types of businesses, but shall not include convenience stores as defined elsewhere in this chapter.
NONCONFORMING LOTA lot or 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 STRUCTUREA 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 enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NURSERYLand or greenhouses used to raise flowers, shrubs, trees, and/or other plants for commercial purposes.
NURSING HOME or CONVALESCENT HOMEA building or series of buildings for the housing and care of persons in need of specialized care and attention, but which does not necessarily meet hospital level of services.
OFFICE BUILDINGA building used primarily for conducting the affairs of a business, profession, service, industry or government, or similar activity and where no goods, merchandise, or materials are stored for sale, exchange, or delivery on the premises.
OFFICE PARKA grouping of two or more office buildings which are subdivided and developed according to a unified plan involving the layout of several lots, buildings, access streets, landscaping, and other improvements typically in a campus-like setting.
PARENT TRACTA tract or parcel of land in single and separate ownership as of the date of adoption of this chapter.
PARKING SPACE, OFF-STREETA space located off the public right-of-way designed and designated for the transient storage of a motor vehicle.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PERSONAL SERVICE ESTABLISHMENTA building in which limited services consistent with neighborhood needs are offered to the general public. Examples of such services include, but are not limited to, barbershops and beauty shops, pharmacies, dry cleaning and tailoring shops, shoe repair shops, travel agencies, or photocopy shops.
PIPELINEA facility through which a liquid moves in transportation, and as defined by 49 CFR 195.2 and 192.3.
[Added 3-7-2017 by Ord. No. 2017-01]
PLAN, YIELDA calculation and drawing that establishes a theoretical conceptual maximum development density of a particular parcel, which reflects a realistic layout that shows a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, easements, areas for utilities, and any other site element required in this chapter or Chapter
240, Subdivision and Land Development. The yield plan is not to be considered a preliminary plan.
PLANNED COMMERCIAL/SHOPPING CENTERA group of two or more commercial establishments planned, constructed, and managed as a total entity with customer and employee parking provided on-site, and with provision for goods delivery separated from customer access and which does not meet the definition of highway commercial development. For the purposes of this chapter, planned commercial centers shall also include any single commercial use with a gross floor area of 20,000 square feet or greater.
PLANTING SCREENA wall, fence, plantings, earth works, or combinations thereof, which are arranged or placed so as to divert attention from and obstruct (within five years of planting) at least 50% of an otherwise clear view of an use or activity during all seasons of the year, as outlined by this chapter.
PRESERVATION or PROTECTIONWhen 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 SOILS)Land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resources Conservation Service County Soil Survey.
PROFESSIONAL OFFICEThe office of a member of a recognized and lawful profession maintained for the conduct of that profession, including, but not limited to, dentists, doctors, chiropractors, attorneys, and accountants.
PUBLIC GROUNDSIncludes parks, playgrounds and other public areas, and the sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
PUBLIC SERVICE FACILITIESTelephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.
PUBLIC USEAny building, structure, facility, complex, or area used by the general public or which provides a service to the public, whether constructed by a state, county, or municipal government agency or any private individual, partnership, association, or corporation.
QUARRYING/MININGRemoval of sand, clay, gravel, topsoil, or similar extractive operations including borrow pits or excavations for removing material for fill operations.
RECREATION USE, INDOORThe use of a building or part thereof for indoor sports such as bowling, tennis, racquetball, squash, indoor basketball, indoor swimming, and those sports activities usually conducted indoors, but excluding target shooting or any other activities that create loud noises or which may be dangerous or disturbing to surrounding residents.
RECREATION, ACTIVEThose leisure-time activities which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts and swimming pools, excluding amusement parks.
RECREATION, OUTDOORA leisure-time facility designed and equipped for the conduct of sports activities, including swimming, tennis and other court games, baseball and other field sports, playground and other outdoor activities, but excluding amusement parks, go-cart tracks, shooting ranges and other activities which generate noise objectionable to a residential environment.
RECREATION, PASSIVELeisure time uses which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include but are not limited to hiking, biking, and picnicking.
RECREATIONAL FACILITYA place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.
RECREATIONAL VEHICLEA vehicle that 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;
D. Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use; and
E. Is legally registered by a state department of motor vehicles.
RECYCLING CENTERAn activity that accumulates material such as paper, glass, aluminum, and plastic that is no longer useful for its original purpose. The materials are then transported off the premises to be manufactured into a new product, or a place for the collection and storage of materials suitable for recycling into usable products.
RENTAL UNITAn individual space offered for compensation or lease within a motel, hotel, rooming house, tourist home, institutional home, dormitory, or in a professional or commercial office building.
REPETITIVE LOSSFlood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.
RESTAURANTA facility serving food and beverages prepared for consumption on the premises, and providing table or sit-down service, but not including outdoor curb service.
RESTAURANT, FAST-FOODAn eating establishment where customers place their orders at a service area located indoors, but separate from any seating facilities, and where food is either consumed at seating facilities or is taken out for consumption.
RESTAURANT, FAST-FOOD WITH DRIVE-THROUGH SERVICEA fast-food restaurant as defined above, but which also provides service to customers who remain seated in automobiles where customers are served either through an exterior window in the establishment, or directly to parked automobiles on the premises.
RETAIL SERVICESEstablishments providing services or entertainment, as opposed to products, to the general public, real estate and insurance, personal service establishments, motion pictures, amusement and recreation service, educational and social services, museums and galleries.
RETAIL STORE/TRADEEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of goods such as, but not limited to, hardware store, pharmacy, magazine or bookstore, florist, or clothing store.
RETIREMENT COMMUNITYIndividual or multiple dwelling units which are designed for adults and which meets the definition of "housing for older persons" as set forth in the Fair Housing Act of 1988, as amended, exclusively for adult individuals and/or couples who are at least 55 years of age and includes facilities or services specific to the population.
RIGHT-OF-WAYLand reserved or dedicated for use as a street, alley, walkway, or any other public or private purpose.
RIGHT-OF-WAY, FUTUREThe right-of-way deemed appropriate to provide adequate width for future street improvements.
RIGHT-OF-WAY, LEGALThe existing right-of-way of dedicated streets as established by the Commonwealth of Pennsylvania or other appropriate governing authority.
ROOMING HOUSEA dwelling in which weekly or monthly sleeping accommodations are provided for rent to more than two but less than 10 persons, whether or not the serving of meals is included.
SANITARY LANDFILLA site licensed by the Commonwealth of Pennsylvania for solid waste disposal where the waste is spread in thin layers, compacted to the smallest practical volume and covered with soil at the end of each working day.
SCREEN or LANDSCAPE SCREENVegetative materials such as shrubs and trees (that may incorporate a berm) that shall grow to form a continuously opaque six-foot-tall visual barrier within five years of planting.
SECONDARY FARM FAMILY BUSINESSAn agricultural accessory use, such as the repair of agricultural equipment, butcher shop, or processing of local agricultural products, which provide a secondary source of income to the primary agricultural use.
SELECTIVE CUTTINGThe felling of certain but not all trees in an area for the purposes of:
A. Removing dead, diseased, damaged, mature or marketable timber;
B. Improving the quality of a tree stand or species; or
C. Meeting personal domestic needs (such as for fuel).
SEWAGEAny substance that contains any of the waste products or excrement matter or other discharge from the bodies of human beings or animals and laundry, bathroom, and kitchen wastewater.
SEWAGE DISPOSAL SYSTEMA. INDIVIDUALThe disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, approved by the Pennsylvania Department of Environmental Protection.
B. CENTRAL/COMMUNITY COLLECTION AND TREATMENT (CENTRALIZED)A sanitary sewage system which carries sewage from points of individual discharge by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.
C. PUBLIC SEWER SYSTEM (CENTRALIZED)An off-site system for collection, treatment, and disposal of sewage in which sewage is conveyed to a common treatment facility, and disposed through means and approved by the Pennsylvania Department of Environmental Protection.
SIGHT DISTANCEThe maximum extent of unobstructed vision (in a vertical or horizontal plane) along a street from a vehicle located at any given point on the street.
SIGNAny permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a structure or other surface that displays or includes any letter, word, insignia, flag, or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction, or which is designed to attract the eye or bring the subject to the attention of the public.
SIGN AREAThe area of the smallest rectangle, triangle, or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs, or other display. The area shall not include any structural component, borders, or framing, unless it is in the form of a symbol or contains advertising elements.
SIGN HEIGHTThe distance from the existing ground elevation at the base of the sign, or immediately below the sign, to the highest point of the sign structure.
SIGN, BUSINESS SIGNA sign that directs attention to any commercial, industrial or professional activity occurring on the premises on which the sign is located, but not including a home occupation sign.
SIGN, SITE IDENTIFICATION SIGNA sign used to identify the name and display information about the individual, organization, agency, institution, or similar development located on the premises on which the sign is located, but not including a business sign.
SIGN, SPECIAL EVENT SIGNA temporary sign that contains information about a transitory event such as an auction, flea market, festival, carnival, or similar event, but not including any business sign or for-sale signs.
SINGLE AND SEPARATE OWNERSHIPThe ownership of property by any person, partnership, or corporation, in which ownership is separate and distinct from that of any adjoining property.
SITE RESTORATIONMeasures taken following completion of land disturbance activities that will stabilize the land surface and minimize possible erosion or sedimentation.
SOILS, ALLUVIAL (FLOODPLAIN)Areas subject to periodic flooding as listed in the Soil Survey of Lancaster County, Pennsylvania, U.S. Department of Agriculture, NRCS.
SOLID WASTEAll refuse including garbage and trash, and all solid material that is putrescible and originating from the preparation, cooking and consumption of food and market produce.
SPECIAL PERMIT(As applicable to the 100-year floodplain area.) A special approval which is required for hospitals, nursing homes, jails, 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.
STEEP SLOPESThose areas of land where the undisturbed grade is 25% or greater.
STORAGEThe keeping of new or used products, merchandise, materials, equipment or vehicles for a continuous period greater than one week. Excluded from this definition are the following:
A. Equipment, vehicles and materials that are used in connection with a construction project during the period of construction.
B. The unloading or loading of vehicles, which are parked against a building so that all activity occurs within the building.
STORAGE, OUTDOORThe keeping of goods or materials for present or future use in an area unprotected from the elements.
STREETA public (dedicated) or private (undedicated) right-of-way intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, road, or similar terms. Streets are classified in the Conestoga Township Comprehensive Plan as follows:
A. LOCAL STREETThose streets used primarily to provide access to abutting properties.
B. MINOR COLLECTOR STREETThose streets that, in addition to giving limited access to abutting properties, intercept local or collector streets, carry considerable volumes of traffic to community facilities and to major traffic arteries.
C. MAJOR COLLECTOR STREETThose streets serving large volumes of comparatively high-speed and long-distance traffic and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
D. LANEA street serving a single development.
STREET LINEThe legal right-of-way line of a street dividing a lot from the boundary of a public street.
STREET, CENTER LINEA line that is an equal distance from both street lines unless officially designated otherwise.
STREET, PRIVATEA lane held in single and separate ownership and not deeded or dedicated to the Township.
STREET, PUBLICA public thoroughfare that has been dedicated, deeded and accepted by the Township and which affords the principal means of access to abutting property.
STREET, SINGLE-ACCESSA street which has access to an existing public road and circulation system only at one point. A single-access street includes culs-de-sac, loop roads, and dead-end streets.
STRUCTUREAnything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, manufactured homes, and other similar items. Includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.
STRUCTURE, TEMPORARYA structure without foundation or footings that is removed within a designated time period, or after the activity or use for which the temporary structure was erected, has ceased.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means, into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street, easement of access or residential dwellings shall be exempted.
SUBSTANTIAL DAMAGEDamage 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 IMPROVEMENTAny repair, reconstruction, rehabilitation, addition, or other improvement of a structure to an extent or amount equaling 50% or more of the market value of the structure before the start of construction of the improvement. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either of the following:
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 a historic structure.
SUPPLEMENTAL COMMERCIAL ACTIVITYAn on-site occupation by a property owner and his immediate family that is accessory and secondary to the principal residential and/or agricultural use, according to the provisions of §
320-155 of this chapter.
SURFACE LAND USES AFFILIATED WITH TRANSMISSION PIPELINESAboveground facilities associated with transmission pipeline facilities including, but not limited to, compressor stations, pumping stations, regulator stations, valve stations, offices, parking areas, equipment sheds, launcher/receiver stations, and other surface pipeline appurtenances.
[Added 3-7-2017 by Ord. No. 2017-01]
SWIMMING POOLAn enclosure, designed to be filled with water, permanent or temporary, with sides having a depth of more than 18 inches below the level of the immediate surrounding grade, or an above-surface pool having a depth of more than 30 inches, designed, used, and maintained for swimming and recreation. "Swimming pool" shall include "surface swimming pool" and "above-surface swimming pool" as regulated in Chapter
244, Swimming Pools, of the Code of the Township of Conestoga, as it may be amended.
TRACTAn area of land, parcel, or property that is the subject of a development application.
TRACT AREA (ADJUSTED)Land within a lot or parcel exclusive of constrained areas, as defined in Table 5 of this chapter.
TRAILA right-of-way containing a marked or beaten path, either paved or unpaved.
TRAILERA drawn vehicle, not self-propelled, which is permitted on the highways when properly licensed.
TRANSFER STATIONA facility where municipal solid waste is delivered for the purpose of consolidating the material into larger vehicles for transport to a final disposal site or processing facility.
TRANSITIONAL HOUSINGLiving arrangements for up to five unrelated individuals that do not meet the definition of "family" or "group home." Transitional housing may include a licensed community-based facility which provides lodging, habitation services, or meals to clients where supervision is provided seven days a week, 24 hours a day, or is staffed continuously by the provider whenever the structure is occupied.
TRANSMISSION PIPELINESTransmission pipelines include, but are not limited to, pipelines designed for the transmission of a gas or petroleum gas, except a service line, as those terms are defined by 49 CFR 192.3; also included are pipelines designed for the transmission of a hazardous liquid, as defined by 49 CFR 195.2.
[Added 3-7-2017 by Ord. No. 2017-01]
TREE DRIPLINEA line marking the outermost edges of a tree's branches.
UNIFORM CONSTRUCTION CODEThe statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party, or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable to the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
USE, BY RIGHTA use of land that is permitted in a zoning district without the need for a special exception, variance, or conditional use permit.
USE, CONDITIONALA use which is generally not appropriate to a particular zoning district as a whole, but which may be suitable in certain places within the district only when specific conditions and factors, prescribed for such cases within this chapter, are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.
USE, SPECIAL EXCEPTIONA use that is permitted as a right, and which, when deemed suitable, with or without the imposition of conditions or restrictions under applicable standards, may be allowed by the Zoning Hearing Board after public hearing.
USESAny purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.
WAREHOUSEA building used primarily for the indoor storage of goods and materials.
WATER SUPPLYWater supply shall include the following:
A. INDIVIDUALA supply of water to a single use or dwelling from a private well or spring located on the lot in which the use is located and which does not fall under the definition of "community water supply."
B. COMMUNITYA system for supplying water from a common source or sources to more than one dwelling and other buildings within a development. The water supply source may be located on-site or off-site and may be publicly or privately owned.
C. PUBLICA system for supplying water in sufficient quantities to more than one dwelling or other buildings of a development, which is administered by a municipal authority or by a municipality or public utility as defined and regulated by the Pennsylvania Public Utility Commission.
WATERCOURSEA stream, creek, run, or other body of running water with a defined bed and banks in which water flows in a definite direction or course, either continuously or intermittently, as depicted on the most current edition of the applicable USGS Quadrangle Map.
WETLANDThose areas that are inundated and saturated by surface water 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, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of a wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the Pennsylvania Department of Environmental Protection, the more restrictive definition shall apply.
WHOLESALE TRADEEstablishments or places of business primarily engaged in selling merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or establishments acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WHOLESALINGA commercial activity comprising the sale of commodities in large quantities or in bulk to retailers or jobbers, rather than to consumers directly, including the warehousing, loading and unloading, and shipping of such commodities.
WIRELESS COMMUNICATION FACILITYThe commercial communications antenna, commercial communications antenna support structure, wireless communications equipment building, parking areas, and other facilities, structures and equipment involved in receiving or transmitting wireless communications or radio signals on a site.
WOODLANDA plant community predominantly of healthy trees and other woody vegetation, well-stocked and growing more or less closely together. Specifically, woodlands consist of 1/4 acre or more of continuous wooded land where the largest trees measure at least six inches diameter at breast height (dbh). The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least six inches dbh.
WOODLAND MANAGEMENT PLANA description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land, prepared by a qualified individual with demonstrable expertise in forest management, and documenting measures to be taken to protect water quality; minimize impacts from skid trails and logging roads, land areas, and the tree removal process; and ensure site restoration.
YARDAn open area around the periphery of a lot; a yard extends inward from and parallel to lot lines and street lines, and is measured as a distance perpendicular to lot and street lines. (Refer to illustration below.)
YARD, FRONTThe required open space between the front setback line and the street right-of-way line projected along the full width of the lot. In the case of a corner lot, the yards extending along all streets are front yards and the remaining yards shall include a rear yard opposite the street on which the principal building has its address. (Refer to illustration below.)
YARD, REARThe required open space extending the full width of the lot along the rear lot line at a specified depth from such rear lot line. (Refer to illustration below.)
YARD, SIDEThe required open space extending the full depth of the lot along a side lot line extending a specified depth from such side lot line. (Refer to illustration below.)
YIELD CALCULATIONThe conceptual calculation that identifies the development potential of the site, after all protected areas are deducted from the gross site area.