East Caln Township City Zoning Code
ARTICLE I
General Provisions
§ 225-1 Preamble.
A.
Short title. This chapter shall be known and may be cited as the "East Caln Township Zoning Ordinance of 1992."
B.
Purpose. This chapter is enacted to promote, protect and facilitate the public health, safety and general welfare of the present and future residents of the Township by providing: coordinated and practical community development, proper density of population, the provisions of adequate light and air, police protection, adequate and safe vehicle and pedestrian circulation, water, sewerage, schools, public ground and other public requirements, the preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplain and to prevent overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. This chapter is enacted in accordance with the Township Comprehensive Plan, and with consideration for the character of the Township, its various parts and the suitability of the various parts for particular uses and structures.
C.
Scope. From and after the effective date of this chapter the size of all lots, the use of all land and every structure including, but not limited to, buildings and sings or portion of a structure erected, altered with respect to height and area, added to or relocated and every use within a building or use accessory thereto, in the Township of East Caln, shall be in conformity with the provisions of this chapter. Any existing structures or lot, the use of a structure or use of land not in conformity with these regulations herein shall be regarded as nonconforming but may be continued, extended or changed subject to the special regulations herein provided with respect to nonconforming buildings or uses, provided that any structure or lot, use of structure or use of land which is not legally conforming as of the date of enactment of this chapter, shall not be made legally conforming by the enactment hereof.
D.
Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the health, safety and general welfare of the residents of the Township.
E.
Statement of community development objectives. The Comprehensive Plan, in accordance with this chapter is enacted and which is reflected in the provisions of this chapter, has been formulated to implement the purposes set forth in Subsection B herein above, in the respect stated, and more particularly with a view toward the following objectives:
(1)
Guiding and encouraging the future development of the Township in accordance with comprehensive planning of land use and population density that represents the most beneficial and practical relationships among the residential, commercial, industrial and recreational areas within the Township, having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses, as indicated to topography, drainage and soil conditions, existing transportation and other man-made conditions and trends in population, in the direction and manner of the use of land, in building development and in economic activity, considering such conditions and trends both within the Township and with respect to the relation of the Township to surrounding areas.
(2)
Protect the natural environment of the Township by restricting development on areas of steep slope and encouraging development which will promote energy conservation and will have a minimal effect on existing public water service and sewage treatment facilities.
(3)
Protecting the character and the social and economic stability of each of such areas and encouraging their orderly and beneficial growth.
(4)
Protecting and conserving the value of land and buildings throughout the Township appropriate to the various zoning districts established herein.
(5)
Bringing about through proper timing the gradual conformity of land use to the Comprehensive Plan aforesaid and minimizing conflicts among the uses of land and buildings.
(6)
Bring about and maintain standards of construction which protect the health, safety and welfare of Township citizens singly and collectively.
(7)
Permit, through the design of new residential construction and density, a wide range of housing for people of all income levels, age, large or small families.
(8)
Encourage variety and efficient land use in residential development through provision by ordinance for flexibility in design, density and building type. Particularly desirable are plans of superior quality because of better layout, better streets, lighting and other facilities, more efficient use of land with a corresponding greater allocation of open space and a more comprehensive design in terms of serving people's needs.
(9)
Encourage the retention of open space or low density use of those land areas such as streamsides, steep slopes and floodplains less suitable or unsuitable for building. The overall objective of this goal it to maintain for public welfare the natural watershed and drainage system in the Township. Benefits which may accrue are environmental, tending to protect the rural character in spite of residential growth, and financial, in that storm drainage systems would be greatly reduced in scope and cost and flood damage problems would not occur.
(10)
Provide for the addition of industry in the Township under high standards of design and construction.
(11)
Limit growth of extensive commercial enterprise to the area of the Township where adequate access can be provided and public facilities are available. Promote greater efficiency and improved appearance in commercial uses through careful application of the design standards. Remote neighborhoods should have available neighborhood shops for staple items.
(12)
Develop a recreational program by acquiring and improving additional park land.
(13)
Aid in bringing about the most beneficial relationship between land use and the circulation of vehicle and pedestrian traffic throughout the Township, having particular regard to traffic and to the avoidance of congestion in the streets and provision of safe and convenient access appropriate to the various land uses.
(14)
Bring about, through proper timing, the gradual conformity of land use to the Comprehensive Plan and minimize conflicts among users of land in business.
F.
Conflict. It is not intended by this chapter to abrogate, annul or interfere with any existing lawful uses, applications or permits, etc., granted under prior legislative enactments.
G.
Validity. Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or of any other part thereof.
§ 225-2 Establishment of districts; Zoning Map.
A.
B.
Zoning Map. The areas within the Township of East Caln, as assigned to each district and the location of the districts established by this chapter, are shown upon the zoning map, which together with all explanatory matter thereon is attached to and is declared to be a part of this chapter.[2]
[2]
Editor's Note: The current Zoning Map is on file in the Township offices. A Table of Zoning Map Amendments is included as an attachment to this chapter.
C.
District boundary line. The district boundary lines shall be as shown on the zoning map. District boundary lines are intended to coincide with lot lines, center lines of streets and alleys, railroad rights-of-way, beds of streams existing at the time of passage of this chapter, the corporate boundary of the Township or as dimensioned on the map. In the event of question about the location of the boundary of any district, the Zoning Officer shall investigate and render a decision on the location of the line. Appeals from this decision shall be made to the Zoning Hearing Board.[3]
[3]
Editor’s Note: Former Subsection D, Overlay districts, was repealed 7-19-2017 by Ord. No. 2017-05.
§ 225-3 Definitions and word usage.
[Amended 3-1-1995 by Ord. No. 1995-2; 3-20-1996 by Ord. No. 1996-1; 11-20-1996 by Ord. No. 1996-5; 6-18-1997 by Ord. No. 1997-1; 10-21-1998 by Ord. No. 1998-7; 4-7-1999 by Ord. No. 1999-1; 8-18-1999 by Ord. No. 1999-3; 9-6-2000 by Ord. No. 2000-3; 11-20-2002 by Ord. No. 2002-04; 2-19-2003 by Ord. No. 2003-02; 2-19-2003 by Ord. No. 2003-03; 7-19-2006 by Ord. No. 2006-01; 10-18-2006 by Ord. No. 2006-03; 6-30-2010 by Ord. No. 2010-01; 7-20-2011 by Ord. No. 2011-02; 12-7-2011 by Ord. No. 2011-07; 5-21-2014 by Ord. No. 2014-02; 4-13-2016 by Ord. No. 2016-01; 7-20-2016 by Ord. No. 2016-03; 7-19-2017 by Ord. No. 2017-05; 5-17-2023 by Ord. No. 2023-05; 9-18-2024 by Ord. No. 2024-02; 2-19-2025 by Ord. No. 2025-02]
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated. Words in the singular include the plural and those in the plural include the singular.
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal use.
A use subordinate to the principal use of the land or of a building on a lot an customarily incidental hereto.
The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988 and as it may be further amended from time to time.
The lot area that remains for purposes of calculating density and coverage once the limitations listed in § 225-15G are deducted from the gross lot area.
The cultivation of the soil and the raising and harvesting of the products of the soil including, but not by way of limitation, nurserying, horticulture, forestry and the breeding and raising of customary domestic animals for the purpose of profit.
Any enlargement/reduction of a structure or change in the supporting members of a building structure such as bearing walls, columns, beams or girders, joints or rafters or enclosing walls or any changes in the facade of a building.
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities as defined below.
See "dwelling, multifamily — apartment."
A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors and assigns.
A facility which houses an automobile body repair garage which may include paint spraying and body and fender work within an enclosed building as well as mechanical repair.
The use of any building, land area or other premises for the display 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.
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
A use accessory to an owner-occupied, single-family detached dwelling, consisting of guest rooms available for short term overnight rental and the provision of breakfast service to overnight guest.
An area of land bounded by streets.
The Board of Supervisors of East Caln Township.
Any structure which has enclosed walls and a roof including house trailers and mobile homes.
The area of a lot covered by a building(s). Such measurement is the horizontal section of a building taken at its greatest outside dimensions on the ground floor.
A line within a property parallel to the building set back line but passing along the exterior of the front wall of the principal structure on the lot at the point closest to the street line.
An established line within a property defining the minimum required distance between any structure to be erected and an adjacent right-of-way or street line.
A term used to describe the size of buildings or other structures and their relationships to each other, to open areas such as yards and to lot lines and is used in conjunction with such expressions as:
A structure provided for the protection and safety of users of public transportation facilities.
The diameter of a tree measured at 4 1/2 feet from the ground level.
A building or group of buildings including customary accessory buildings designed or intended for organized religious services.
See "medical clinic."
Building utilized as a private club offering restaurant and/or bar privileges.
The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals (or other transmissions developed in the future) for communications purposes.
A building, land and/or structure used for the purpose of providing recreational facilities for a charge to the general public.
A parcel or parcels of land or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas and areas set aside for public facilities.
An establishment primarily engaged in the provision of broadcasting and other information-relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communications towers. Typical uses include television studios, telecommunications service centers, or film and sound-recording facilities.
A building or group of buildings, owned and operated by a governmental entity or a charitable organization as defined by the U.S. Internal Revenue Code of 1954, devoted exclusively to civic, social, recreational, educational or cultural group activities including premises and facilities appropriate to such activities; provided, however, that the premises shall not include living quarters.
A use permitted in a particular zoning district pursuant to the provisions in § 225-35.
An environmentally sensitive area with characteristics such as steep slopes, wetlands, floodplains, high water tables, forest areas, endangered species habitat or other areas of significant environmental importance that have been designated for, or are deserving of, protection from any activity that would significantly alter their ecological integrity, balance or character.
A subdivision designed specifically to protect natural resource areas, scenic views and other environmentally constrained areas, while providing the landowner an opportunity to achieve the density permitted in the underlying zoning district. Passive recreation activities may be incorporated into the conservation areas.
A group of commercial office establishments constructed and managed as a single, overall entity and consisting of office structures and the necessary commercial establishments to provide service to the employees and clientele of the department together with associated parking and provisions for vehicular access.
A facility in which day care is provided for children or adults without provisions for over night sleeping. Such facility shall be operated under the regulations of the Commonwealth of Pennsylvania and the provisions of this chapter.
A facility, other than a single-family dwelling unit, in which day care is provided for children. Such facility shall be operated under the regulations of the Commonwealth of Pennsylvania and the provisions of this chapter.
Any single-family dwelling unit which is occupied by the caregiver, operated for profit or not for profit, in which child day care is provided at any one time to four, five or six children who are not relatives of the caregiver.
Any single-family dwelling unit which is occupied by the caregiver, operated for profit or not for profit, in which child day care is provided at any one time for six or more, but less than 12, children who are not relatives of the caregiver.
A term used to express the ratio between dwelling units and acreage.
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made or applies for plan approval of a subdivision of land or land development.
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structure, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land or the storage of materials or equipment.
A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
Any building containing one or more dwelling units. See "dwelling unit."
The system of separate ownership of individual units in a multi-unit building or buildings under the provisions of the Pennsylvania "Uniform Condominium Act of 1980," its supplements or amendments.
A building designed for and occupied exclusively as a residence for three or more families living independently of one another.
A multifamily dwelling where individual units share a common outside access and share a common yard area. Such dwellings contain two or more dwelling units in a single structure separated by party walls.
A dwelling with party walls separating two or more dwelling units and having independent and separate exterior access such as duplex, quadruplex, multiplex, townhouse, patio house, atrium house and/or other like units.
A single-family, attached dwelling within a building with more than one other single-family attached dwelling units separated by one or two unpierced party walls from ground to roof.
A building designed for and occupied exclusively as a residence for one family and having no party wall in common with an adjacent dwelling unit. Where a private garage is structurally attached to such building it shall be considered a part of the dwelling.
A single-family, semiattached dwelling having two individual dwelling units: either from ground to roof separated by one unpierced party wall in common with the other dwelling unit or on two horizontal planes, over and under.
A building designed for and occupied exclusively as a dwelling for two families.
A building or portion thereof, forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating exclusively by one family.
Any form of restaurant and/or tavern open to the public and dispensing food and drink.
A condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public; or has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
A building or group of buildings used for the housing of fire protection and other emergency services equipment, training facilities and accessory uses for fund raising activities for volunteer emergency services organizations.
An enlargement is an addition to the floor area of an existing building, an increase of the size of another structure or an increase in that portion of a lot occupied by an existing use.
A family is one or more individuals living together in dwelling unit as a single cooperative housekeeping unit, sharing kitchen and other common facilities, and meeting one of the following criteria:
A single person.
Two or more persons related by blood, marriage, or adoption, including foster children, including not more than two other persons, for example, domestic help, boarders, roomers or lodgers.
Not more than four unrelated persons living together; however, excluding occupants of a rooming/boarding house, dormitory, convent, nursing home, or sorority/fraternity house.
A group of no more than four nontransient unrelated individuals with disabilities living together and entitled to a reasonable accommodation to allow them adequate housing choices pursuant to the Federal Fair Housing Amendments (42 U.S.C. § 3601 et seq., as amended) and the Pennsylvania Human Relations Act (43 P.S. §§ 951 through 963, as amended). Housing or treatment of persons who could reasonably be considered a threat to the physical safety of others or who are actively using illegal drugs does not constitute a family under this definition.
Federal Communications Commission.
An artificially constructed barrier of a single material or combination of materials erected to enclose or screen areas of land.
A general and temporary condition or partial complete inundation of normally dry land areas from:
Floor area is the sum of the area of the several floors of a building or buildings measured from the face of the exterior walls or from center lines of walls separating two buildings. In particular, floor area includes but is not limited to the following:
Basement space if it meets the requirement of a building story.
Elevator shafts, stairwells and attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more.
Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is closed.
Any other floor space used for dwelling purposes, no matter where located within the building.
The area of accessory buildings.
A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ceremonies connected therewith before burial or cremation.
A building and accompanying structures in which the sale of motor fuels constitutes 25% or more of gross income.
An energy-generating system utilizing the earth's thermal properties to meet all or part of the heating requirements of the on-site user. Specific terms include:
BOREHOLESA penetration of soil and/or rock that is augured, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed which is generally cylindrical in shape and whose diameter is generally smaller than its depth of penetration. Used in closed vertical loop geothermal systems.
CLOSED-LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that consists of the following basic elements: underground loops of piping; approved, nontoxic heat transfer fluid; a heat pump; and an air distribution system; intended to utilize the earth's constant temperature for improved heat pump efficiency. The fluid is circulated through the piping from the ground into the heat exchanger and back. The system functions in the same manner as an open-loop system except there is no pumping of groundwater.
OPEN-LOOP GEOTHERMAL SYSTEMA type of geothermal heating and/or cooling system that utilizes a water-supply well, or other sources, and a pump to deliver groundwater to a heat exchanger. The discharge water from the heat exchanger may be returned to the subsurface through a recharge well or infiltration bed or may be discharged into a pond, lake, or stream. [PROHIBITED]
A building's vertical measurement from level of the ground five feet from the face of the building at any point along the perimeter of the building to a point midway between the highest and lowest points of the roof. (See § 225-15E for exceptions.)
An improved area either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the U.S. Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the U.S. 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.
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the U.S. Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
An activity for financial gain customarily carried on in a dwelling or in a building or structure accessory to a dwelling, as an accessory use of the dwelling in accordance with § 225-20B(5).
An establishment, licensed by the Pennsylvania Department of Health, which provides health services primarily for inpatient medical or surgical care of the sick or injured, including such related facilities such as laboratories, outpatient departments, training facilities, central services and staff offices as in integral part of the establishment.
A building used for the purpose of furnishing for compensation for overnight lodging to the public.
A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including but not limited to structures such as roofs, buildings and storage sheds; other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, paver areas and paved courts; or athletic playfields comprised of synthetic turf materials. Decks are not impervious under this definition. For the purposes of determining compliance with this chapter:
For the purposes of the East Caln Township Zoning Ordinance only, materials such as gravel, mulch and stone may be excluded from the calculation of lot coverage when designed and maintained as part of a predominantly vegetated surface, including landscaping and stormwater management facilities.
Compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious.
Uncompacted gravel areas with no vehicular traffic, such as gardens, walkways, or patios areas, shall be considered pervious per review by the Township Engineer.
Surfaces that were designed to allow infiltration (i.e., pavers and areas of porous pavement) are not to be considered impervious surface if designed to function as a BMP per review by the Township Engineer.
The pool water surface area is not considered impervious. However, coping, decking and any patio area surrounding the pool is determined to be impervious.
Uncovered decks with pervious material located below the deck shall be considered pervious.
The total horizontal projection area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall be considered pervious so long as the designs note that natural vegetative cover will be preserved and/or restored underneath the solar photovoltaic cells, panels, and arrays, and the area disturbed is planned as a vegetated pervious surface.
The construction of any type of structure or pavement excluding driveways.
A building containing multiple residential dwelling units for persons who are 55 years of age and older that qualifies for the exemption to the prohibition against discrimination based on familial status found in Section 3607(b)(1) of the United States Fair Housing Act, 42 U.S.C. § 3607(b)(1), and the Housing for Older Persons Act of 1995 and the regulations promulgated thereunder. The facility may include accessory uses, such as common kitchen facilities and dining rooms, activity and meeting rooms, storage areas, recreation and exercise facilities, sundries store, administrative offices and a beauty/barber shop.
A building and grounds, a portion of which is used for the residence of five or more unrelated persons who occupy the buildings for a common purpose, to include hospitals, convents, school dormitories, nursing homes, and other facilities of a similar nature.
An area of land, with or without buildings, used for storage outside a completely enclosed building of used and discarded materials including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use of disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked or disabled vehicles, or the major part thereof, is a junk yard.
An establishment where six or more dogs, cats or like domesticated animals more than one year old are kept, boarded, groomed, trained, raised or bred for compensation.
A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
A disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day. The term landfill includes secure, unsecured and sanitary landfills.
The legal or beneficial owner or owners of land including the holder or an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner or other persons having a proprietary interest in the land.
That portion of a tract or lot in which plantings have been installed in accordance with the provisions for landscaping in § 225-17A.
Establishments greater than 100,000 square feet in size engaged in selling goods or merchandise to the general public.
A space, accessible from a street or way, in building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The total horizontal area within the lot lines of a lot following exclusion of:
Areas within an existing or proposed, public or private, easement or right-of-way the terms or conditions of which restrict or limit the nature, dimensional characteristics or intensity of development or development activities within the said easement or right-of-way.
In the case of an interior lot, any right-of-way, easement or accessway connecting such interior lot to a road or street.
Areas of steep slope, watercourses, wet and alluvial soils, floodplains and wetlands described in § 225-15G.
A lot bounded on at least two sides by intersecting streets, or upon two parts of the same street, whenever the lines of such streets extended from an interior angle of 135° or less. Both yards adjacent to streets shall be considered front yards. The remaining two yards shall be side yards.
The percentage of the lot area which is building area and/or covered by impervious materials and/or paved area.
The front lot line is the line separating the lot from the street right-of-way.
The rear lot line is any line, except the front lot line, which is parallel to, or within 45° of being parallel to, and does not intersect any street line.
A side lot line is any lot line which is not a front lot line or a rear lot line.
A lot with frontage on two streets which provides vehicular access solely from the street with lesser functional classification.
The lowest floor of the lowest fully enclosed area (including the 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 applicable nonelevation design requirements of this chapter.
A complete lighting unit, lighting unit assembly (including reflectors, bulb, glassware, socket, etc.) and accessories for mounting.
A development consisting of retail stores containing in the aggregate 350,000 square feet or more of total building area and where no more than 5% of the total building area is dedicated to retail stores which have an area within the demising walls of less than 5,000 square feet. Any change in the allocation of space (changes in the demising walls) after the recording of an approved Development Plan shall require a new conditional use application pursuant to this chapter.
A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
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.
Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products and the blending of materials.
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
An establishment where patients are admitted for examination and treatment by one or more qualified persons in medical arts and where patients are not lodged overnight.
A combination of small and large retail uses and multi-family apartment use in accordance with the requirements set forth in § 225-9E. The small retail use component of the Mixed Town Use shall not exceed more than two pad sites, neither of which shall exceed 7,000 square feet of floor area.
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly 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. For purposes of § 225-24 of this chapter, a mobile home shall be a manufactured home as defined in § 225-24.
A parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.
The collocation, improvements, upgrade, expansion, removal, or replacement of an antenna or any other transmission equipment associated with the supporting structure.
A wireless communications facility or site which consists of a single pole structure, designed and erected on the ground, or on top of a structure, to support communications antennas and connecting appurtenances.
One or more buildings suitable for occupancy containing rental units, designed or used primarily for the accommodations of overnight travelers and having for each rental unit a separate outside entrance and parking space.
The multiple use of a single commercial lot for any of the uses allowed under § 225-8B of this chapter.
Structures for which the start of construction commenced on or after September 24,1980, and including any subsequent improvements to such structures.
A lot area or dimension which was lawful prior to the adoption of or amendment to this chapter or amendment, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the applicable use 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 and buildings.
A use, whether of land or of structure, which does not comply with the applicable use provision in this chapter or amendment heretofore and hereafter enacted where such use was lawfully in existence prior to the enactment of this chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.
Components of a wireless communications facility other than the wireless support structure.
A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations of a business, professional service, industry or government.
A building wherein the offices of businesses, professional services, industries or governments operate and provide services.
A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.
A use where no less than 25% of the structure is an office directly related to the adjoining warehousing and distribution, processing or assembly use.
A map adopted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Planning Code, as amended.
Off-site sewer service is the disposal of sewage by use of a sanitary sewer system served by a central sewage treatment facility approved by the Pennsylvania Department of Environmental Protection.
Off-site water service is a safe, adequate and healthful supply of water to more than one principal use from a common source approved by the Pennsylvania Department of Environmental Protection.
On-site service is the disposal of sewage by use of septic tanks, drain fields or other safe and healthful means within the confines of the lot on which the use is located, a permit for which has been issued by the Chester County Health Department.
On-site water service is a safe, adequate and healthful supply of water to a single user from a private well within the confines of the lot on which the use is located, a permit for which has been issued by the Chester County Health Department.
An area to remain in a substantially undeveloped condition in perpetuity providing for natural resource preservation and/or passive recreational uses, including public access to same.
An area designed to provide outdoor recreation facilities for the residents of a specific area or of the Township as a whole. Any structure must be accessory to the outdoor recreation facility use.
A subdivision designed to provide open space for the primary purpose of recreation in accordance with § 225-22, while providing the landowner an opportunity to achieve the density permitted in the underlying zoning district. Such subdivisions may include conservation areas as well.
An area of land usually in a natural site, for the enjoyment of persons, having facilities for rest and recreation.
A dustless, all-weather surface designed and constructed according to all applicable regulations for the storage of one vehicle.
The area of a lot covered by bituminous or concrete paving or other tightly bound, relatively impervious surfaces not intended to have vegetative cover, including, but not limited to, spaces for parking, driveways, access roads, sidewalks and walls.
The word "person" includes an individual, corporation, partnership, incorporator's association or any other similar entity.
A building or portion of a building in which the services of a person permitted to practice a specified profession are offered to the general public. Examples of such professions include but are not limited to accountants, architects, barbers, beauticians, lawyers, planners, therapists, optometrists, photographers, tailors, therapeutic massage, or other similar personal service establishments as approved by the Zoning Officer.
The Planning Commission of East Caln Township.
A strip of deciduous and evergreen planting to be maintained and provide effective screening throughout the year. The design and composition of a planting screen are specified in § 225-17A.
Any activity limited to members of an organization or to persons specifically invited where no advertisement or inducement has been made to the general public.
A function involved in the manufacture of materials, goods or products in which they are not physically changed.
The office of a professional practitioner.
Any use in which the general public is involved.
Includes:
A formal meeting held pursuant to notice by the governing body, Zoning Hearing Board or planning agency, intended to inform and obtain public comment prior to taking action in accordance with this chapter.
A forum held in pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days or less than seven days from the date of the hearing.
An excavation or other place from which stone (including limestone), gravel, sand, slate or other minerals are removed by cutting, digging, blasting or other means and including, but not limited to, those related operations of crushing, sorting, sizing or stockpiling of quarried materials including overburden and topsoil as well as settlement basins and equipment maintenance and parking area.
A change in rules, policies, practices or services to enable a person with a disability to use and enjoy a dwelling unit or common space. Accommodations need not be made where to do so would fundamentally alter the Township's programs or ordinances or create an undue financial or administrative burden for the Township.
A structural modification that is made to allow a person with a disability the full enjoyment of housing and related facilities. Modifications need not be made where to do so would fundamentally alter the Township's programs or ordinance or create an undue financial or administrative burden for the Township.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck;
Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
A building used for the purpose of furnishing food to the public to be consumed on the premises.
A fast food restaurant or section thereof which is designed to allow for the serving and pick up of food, without leaving the vehicle, for off-premises consumption.
An establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the building or off the premises.
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
The surface of and the space above and below any real property in the Township set aside for streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township or commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
A dwelling in which sleeping accommodations are provided for rent to less than 10 persons, whether or not the serving of meals is included.
A religious, sectarian, nonsectarian, denominational private institution or a public institution which is not conducted as a private gainful business and are licensed by the State.
A cart, dolly, hand truck or similar device utilized to transport merchandise from a store through adjacent access and/or parking areas for the convenience of customers.
A development consisting of retail stores, business and professional office and community center uses containing in the aggregate between 50,000 and 500,000 square feet of total building area and where no more than 50% of the total building area is dedicated to retail stores which have an area within the demising walls of less than 10,000 square feet. Any change in the allocation of space (changes in demising walls) after the recording of an approved development plan shall require a new conditional use application pursuant to this chapter.
A sign is any letter, word, model, device, symbol or representation intended as an announcement, direction or advertisement and may be:
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any adjoining property.
Establishments within a Mixed Town Use not greater than 7,000 square feet in size to be located on not more than two pad sites consisting of any combination of the following uses: (1) retail store(s) engaged in selling goods, merchandise or personal or household services to the general public; (2) banks, savings and loans, credit unions and/or other financial offices; (3) day-care center pursuant to § 225-14D; and (4) restaurant provided it complies with the parking regulations set forth in § 225-9E.
Energy which has been converted, through the use of a solar energy system, from sunlight into usable electricity or to heat air, water, or other fluids for use in hot water or space heating, or other applications.
An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy or heating requirements of the on-site user or which is to be sold to a utility company to be used by others or sold directly to other users. Particular types of energy systems include, but are not limited to:
A use permitted in a particular zoning district pursuant to the provisions of § 225-42D of this chapter.
Camouflaging methods applied to wireless communications facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.
The area of land which is characterized by a change in elevation of 15% or more over a distance or contour specified in § 225-23.
An activity involving the depositing of materials, goods or products for safekeeping.
A story is that portion of a building located between the surface of any floor and the ceiling or roof next above it.
An avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. All private streets shall be constructed in accordance with the standards in the East Caln Township Subdivision and Land Development Regulations of 1993, as amended.
A street line is the right-of-way line of the street which provides access to the lot.
Any manmade object having an ascertainable stationary location in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, conveyance or other 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.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes improvements to structures which have incurred "substantial damage," as defined herein, regardless of the actual repair work performed. The term does not, however, include either:
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.
Any alteration of an historic structure, as defined herein, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
A building or contiguous buildings sharing a common entrance designed and used for showing motion pictures or stage show presentations.
See "bed and breakfast."
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based wireless communications facilities.
See "dwelling, single-family attached — townhouse."
The Township of East Caln.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for East Caln Township or East Caln Township Planning Commission.
One or more lots assembled for the purpose of development under provisions of this chapter.
A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, and/or in which empty trailers, including tractor and/or trailer units and other trucks, are parked or stored.
The statewide building code, adopted by the Pennsylvania General Assembly in 1999, applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable within the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
The purpose for which a building or other structure or tract of land is used.
Relief granted pursuant to the provisions of § 225-42C of this chapter.
A use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment.
Any natural or artificial stream, river, creek, ditch, channel, canal, waterway, gully or ravine in which water flows in a definite direction of course, either continuously or intermittently and has a definite channel.
Areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users or to other wholesalers or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
A wind energy system direct-current generator used for charging storage batteries.
An energy conversion system, typically consisting of a windmill or wind turbine, a tower, and associated controls and appurtenances (including electrical infrastructure and transmission lines), that convert wind energy to a usable form of energy to meet all or part of the energy requirements of the on-site user, and/or which is to be sold to a utility company to be used by others, or sold directly to other users.
The distance measured from the ground to the highest point of the extended blade tip or the highest point of the wind energy system.
A device that generates energy by a wheel of adjustable blades or slats rotated by the wind.
A device that converts wind energy into electricity through the use of a wind turbine generator.
Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing or accommodating wireless communications services.
Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way or other Township-owned land or property.
A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.
Those areas of extensive vegetation in which the dominant plants are trees that are indigenous to the area.
A yard is that area of a lot which is open to the sky and extends from the lot line (i.e., the front, rear or side lot lines as defined herein) toward the interior of the lot, along the entire length of the lot line to the minimum depth required by this chapter, except that certain accessory structures, such as signs private driveway and parking areas serving uses on the lot only, may be located within the yard areas pursuant to specific authorization in this chapter.
A yard extending along the full length of the front lot line.
A yard extending along the rear lot line of a property from side yard to side yard.
A yard extending along the side lot line from the front yard to the rear lot line.
The Zoning Hearing Board of East Caln Township.
A map of East Caln Township indicating the location of boundaries for each zoning district.
The municipal officer charged with enforcing the literal terms of this chapter.