East Earl Township City Zoning Code
ARTICLE II
Terminology
§ 450-8 Word usage.
A.
The following words are defined in order to facilitate the interpretation of the chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board.
B.
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated.
C.
Words used in the present tense include the future tense.
D.
The singular includes the plural, and words in the plural include the singular.
E.
The word "person" includes any individual or group of individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations, and any other similar entities.
F.
The word "lot" includes the words "plot," "tract" or "parcel."
G.
The terms "shall," "must," and "will" are mandatory in nature and establish an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive.
H.
The word "used" or "occupied" as applied to any land or building shall be construed to include the words, "intended, arranged or designed to be used or occupied."
J.
References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to codes, ordinances, resolutions, plans, maps governmental bodies, commissions or agencies or officials of the Township or the Commonwealth of Pennsylvania as in effect or office from time to time including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.
K.
The time, within which any act required by this chapter is to be performed, shall be computed by excluding the first day and including the last day. However, if the last day is a Saturday or Sunday or a holiday declared by the United States Congress or the Pennsylvania General Assembly, it shall also be excluded. The word "day" shall mean a calendar day, unless otherwise indicated.
§ 450-9 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property. It shall be rebuttably presumed that abandonment has occurred where such relinquishment, cessation and/or nonresumption occurs for a period of at least 12 months.
A way or means of approach for vehicle and/or pedestrian traffic from a street, right-of-way, public area or community facility, to a lot.
A private drive providing pedestrian and vehicular access between a public or private street and a parking area within a land development and any driveway servicing two or more units of occupancy on a single lot or contiguous lots.
A building (structure) subordinate to and detached from the principal building on the same lot and used for purposes customarily incidental and subordinate to the principal building. Such buildings shall also include utility sheds and bath houses.
A use customarily incidental and subordinate to the principal use of the main building or land and located on the same lot with such principal use or main building or a use not the principal use.
The Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
A farm building, originally devoted to an agriculture use, either for the storage of agriculture equipment or products of the housing of animals or fowl and is no longer needed for the agriculture use but may be utilized by an outside business, not connected with the farm, for storage purposes only and subject to any applicable building code requirements.
A facility providing counseling and rehabilitative services to functionally impaired adults, licensed by the Pennsylvania Department of Public Welfare.
A business, club, lodge or other establishment which engages in one or more of the following or substantially similar activities or uses, and also including any activities or uses described in Chapter 95, Adult Uses:
ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania;
ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed;
ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:
Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas;
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
ADULT MINI MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma;
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical area;
ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;
ADULT NEWS RACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas;
ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs;
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy;
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons; and
Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
A form of residential development, which may include a variety of dwelling unit types, as provided herein, for persons at least 55 years in age, or for couples at least one of whom is 55 years of age or older, and with no residents under the age of 18 in residence for more than 14 consecutive days, in compliance with the provisions of the Housing for Older Persons Act (HOPA) of 1995. An age-restricted residential community is not subject to the provisions for a continuing-care retirement community (CCRC) where it does not provide other than independent-living residences and customary accessory uses.
A business operated on a farm located in the AG District which seeks to provide additional or supplementary income, and is not incompatible with the agricultural use of the farm. Examples of incompatible uses include, without limitation, convenience stores, restaurants and taverns.
[Added 7-13-2021 by Ord. No. 212]
A farm-based activity, enterprise or business that combines the elements and characteristics of agriculture and tourism, which is not necessarily located in an existing building and may have more than one full-time equivalent employee. Examples of agritourism include: corn mazes, hay rides, sleigh rides, petting farms, on-farm tours, agricultural-related museums, demonstrations of farming practices, techniques and methods, fee-based fishing and hunting, horseback riding, nature trails, haunted barns and similar activities. Any such activities shall not exceed 45 days per calendar year in the aggregate, and may include incidental preparation and sale of beverages, food, and souvenirs.
Intensive agricultural uses include, but are not limited to, the cultivation of mushrooms; the raising of pigs and poultry; dry lot livestock production; and the maintenance of dairy animals, poultry, livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof at a density of two animal equivalent units per acre or greater. Intensive agricultural uses are undertaken in intensive agricultural facilities pursuant to § 450-164A(31) of this chapter.
The cultivation of the soil and the raising and harvesting of the products of the soil, including but not limited to nursery, horticulture, forestry, and animal husbandry activities.
A public thoroughfare other than a minor street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
As applied to a building or structure, any change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another. As applied to land, a change in topography as a result of the moving of soil and rock from one location or position to another; also the changing of surface conditions by causing the surface to be more or less impervious; earth disturbance activity.
Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
Any of the following as defined in this chapter: a geothermal energy system, a small solar energy system, a small wind energy system, a small manure digester, an outdoor solid-fuel-burning appliance, a large manure digester, a large solar energy production facility, or a large wind energy production facility.
A change in use in any district which includes revisions to the zoning text and/or the Official Zoning Map; and the authority for any amendment lies solely with the Board of Supervisors.
The process in which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas.
Sometimes called an "AEU," which is hereby defined as 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual number of individual animals comprising the unit.
A building used for the treatment, housing or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
The American National Standards Institute.
Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, which is external to or attached to the exterior of any building.
A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as "satellite earth stations," "TVROs" and "satellite microwave antennas."
A dwelling unit within a multifamily dwelling. This classification includes apartments in apartment houses, bachelor apartments, studio apartments and kitchenette apartments. Accessory apartments and conversion apartments are separately defined and regulated herein.
See definition "dwelling, multifamily."
An independent dwelling unit incorporated within an existing single-family detached dwelling or existing accessory structure without any substantial external modification.
An existing dwelling unit that is or was converted to a dwelling for more than one family, without substantially altering the exterior of the building.
The visible, functional, or ornamental objects accessory to and part of buildings.
The area contained within the property lines of a lot or as shown on a subdivision plan excluding space within any street, but including the area of any easement.
The American Society for Testing and Materials (ASTM).
For the purposes of this chapter, that portion of a building that is partially or wholly below ground level. This portion is not a completed structure and serves as a substructure or foundation for a building. A basement shall be counted as a story for the purpose of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or is used for business or dwelling purposes, other than a game or recreation room.
A use which provides sleeping accommodations for compensation and, if offered, only breakfast (no other meals) for transient guests, such a use being pursuant to the provisions of § 450-164A(9).
A sign displaying changeable advertising copy at a location other than the premises being advertised which pertains to a business, organization, event, person, place, service, or product.
A fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of anaerobic digestion processes.
A building arranged or used for the lodging, with or without meals, by either transient or permanent residents, for compensation pursuant to § 450-164A(10). This definition includes rooming houses and lodging houses.
See "yard, buffer."
Any enclosed or open structure, other than a boundary wall or fence, occupying more than four square feet of area and/or having a roof supported by columns, piers or walls, including covered porches, decks and patios, whether enclosed or unenclosed, storage/utility sheds, sun parlors, bay windows, and chimneys, but does not include steps. Included shall be all manufactured homes and trailers to be used for human habitation.
The East Earl Township Uniform Construction Code Ordinance, as amended.[2]
The total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, steps and patios.
The vertical distance measured from the average elevation of the finished grade at the two front corners of the building to the highest point of the roof, inclusive of elevator shafts and associated mechanical equipment. Chimneys, spires, and other similar projections shall not be used in calculating the height of the building.
A line formed by the intersection of a horizontal plane and a vertical plane that coincides with the exterior surface of a building or structure on any side. In the case of a cantilevered or projected section of a building, except overhanging eaves, gutters and cornices, the vertical plane will coincide with the most projected surface.
Written permission issued by the authorized East Earl Township building code official for building construction and/or alterations certifying compliance with the applicable East Earl Township building code requirements.
A line parallel to, and set back from, the abutting street right-of-way a distance equal to the depth of the front yard requirement for the district in which the lot is located.
A building surrounded by open space on the same lot.
A building or, where the context so indicates, a group of buildings in or on which is conducted the principal use of the lot on which such building is located.
A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary, or seasonal nature, such as cabins, or in recreational vehicles, tents, or shelters. This definition shall be inclusive of outback or remote camping not specifically within a specific designated campsite or formally designed campground.
A covered space, open on at least three sides, for the storage of one or more vehicles and accessory to a principal or accessory building.
That portion of a street or alley which is improved, designed, or intended for vehicular use.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the maximum number of stories.
A certificate issued and enforced by the Zoning Officer upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations as provided herein, as well as all other applicable requirements, have been satisfied.
A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses.
Natural wood that has been seasoned to reduce its water content and provide more efficient combustion. The term "clean wood" does not include wood:
Coated with paint, stain, oil, resin or any other preservative, fire retardant or decorative materials;
Impregnated with preservatives or fire retardants;
Exposed to salt water; nor
Manufactured with the use of adhesives, polymers or resins, such as strand, particle and veneer lumber and recycled lumber.
An area of unobstructed vision at a street intersection(s) defined by lines of sight between points at a given distance from the intersecting street right-of-way lines.
A building and/or structure utilized as a private club offering food and/or drink privileges.
An individual or commercial business which leases or owns space for the purpose of commerce.
See "open space, common."
Streets that provide an attractive streetscape to create a sense of place and community identity while providing multiple modes of accessible, safe, effective transportation for pedestrians, bicyclists, and motorized vehicles alike. The street designs shall be context-sensitive and may include street trees, hedges, pedestrian-oriented lighting, way-finding signs, sidewalks or pathways, curbs and transit stops.
A substance composed mainly of partly decayed organic material that is applied to fertilize the soil and to increase its humus content. Compost is derived from plant materials together with manure and some soil. Lime, superphosphates, and nitrogen fertilizers are often added with the manure to reinforce the compost and speed up its decomposition and adjust the nutrient balance. The process of composting may include the biological decomposition and digestion of dead domestic animals, provided the method utilized is performed in accordance with the procedures and safety standards established by all state and federal agencies, including the Pennsylvania Department of Agriculture and the Pennsylvania Department of Environmental Protection.
A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with Article XXII and § 450-176 of this chapter.
Environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance or character, except in cases of overriding public interest. Such areas may include wetlands, floodplains, steep sloped lands, and woodlands.
The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a structure, including the placement of manufactured homes.
A form of residential development, in compliance with the provisions of the Housing for Older Persons Act (HOPA) of 1995. A CCRC may include any residential dwelling unit type and may provide for a continuum of accommodations and care for persons at least 62 years I age, or for couples at least one of whom is 62 years of age or older, and with no residents under the age of 18 in residence for more than 14 consecutive days. A CCRC, while a form of age-restricted residential community, may provide independent living residences, assisted-living residences, personal care, skilled nursing facilities, health care services, social services, and customary accessory uses and is subject to additional provisions as set forth herein.
Any retail establishment offering for sale prepackaged food products, household items, energy products and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
A facility utilized for cremation purposes.
A facility which provides care for: a combined total of seven or more children or adults per day, where the child or adult care areas are being used as a family residence; or any number of children or adults per day, where the child or adult care areas are not being used as a family residence. Where applicable, such facility shall employ licensed personnel and shall be licensed by the Commonwealth of Pennsylvania.
A flat-floored, roofless area adjoining a dwelling unit.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made, a subdivision of land or a land development.
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.
Nonpoisonous animals that are normally considered to be kept in conjunction with a dwelling for the pleasure of the resident family, rather than for economic reasons. No more than four adult dogs or more than two litters a year may be kept in a residential dwelling or on a residential property.
An establishment which by design, physical facilities, service or by packaging procedures, encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
A private roadway providing access for vehicles to a residential parking space, garage, dwelling or other structure. A shared driveway is a private roadway servicing two residential units of occupancy, with public road frontage, and designed to the standards of this chapter.
A building or structure designed for living quarters for one or more families, including industrialized housing and manufactured homes which are supported either by a foundation or are otherwise permanently attached to the land, but not including hotels, boarding/rooming houses or other accommodations used for transient occupancy. This definition of "dwelling" shall also include permanently attached model homes intended for residential purposes upon the completion of the development.
A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
A transportable, single-family detached dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For Federal Emergency Management Agency (FEMA) floodplain management purposes, this definition includes park trailers, travel trailers, and other similar vehicles located on site for greater than 180 consecutive days.
A building used by three or more families living independently of each other and doing their own cooking, including apartment houses.
Unless otherwise provided in the base zoning district, a residential building containing at least three but not more than eight dwelling units, attached side by side by the use of a common wall, with end units having a side yard.
A building used by one family, having only one dwelling unit and two side yards, and shall include family care facilities.
A dwelling used by one family, having one side yard and one party wall common with another one-family dwelling.
A building used by two families, with one dwelling unit arranged over the other, and having two side yards.
A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity. No building, structure or landscaping shall be permitted within any easement that could adversely affect the purpose and function of that easement.
Any form of restaurant and/or tavern open to the public, dispensing food and drink.
(See also "dwelling, accessory.") An additional dwelling unit placed on a property for occupancy by either an elderly, handicapped, or disabled individual related to the occupants of the principal dwelling by blood, marriage, or adoption and who requires an assisted living arrangement. For the purposes of this section, a disabled or handicapped individual shall be defined as one or more of the following:
A person who has an inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months;
In the case of an individual who has attained the age of 55, is blind, and by reason of such blindness is unable to engage in substantial gainful activity requiring kills or abilities comparable to those of any gainful activity in which he/she has previously engaged with some regularity and over a substantial period of time. For the purposes of this definition, the term "blindness" means central vision acuity of 20/200 or less in the better eye with use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered for the purposes of this definition as having a central visual acuity of 20/200 or less; or
Is of such a nature that the ability to live independently could be improved by more suitable housing conditions; or, a person who has a developmental disability, as defined in Section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act [42 U.S.C. § 6001(8)], i.e., a person with a severe chronic disability that:
Is attributable to a mental or physical impairment or combination of mental and physical impairments;
Is manifested before the person attains age 22;
Is likely to continue indefinitely; and
Results in substantial functional limitation in three or more of the following areas of major life activity: capacity for independent living, economic self-sufficiency, learning, mobility, receptive and expressive language, self-care, and self-direction.
Electric public utilities transmission and distribution facilities, including substations.
Whenever the "employees" or the expression "number of employees" is herein referred to, it shall mean, when referencing an on-site activity, the greatest number of persons to be employed in the building in question during any season of the year and at any time of the day or night.
The United States Environmental Protection Agency or any agency successor thereto.
A location, building, site, or structure which is rented as a place for the purpose of accommodating a group of patrons, guests, or other attendees for functions such as banquets, wedding receptions, parties, entertainment, meetings, conferences, performances, and/or similar gatherings.
Animals which are not defined herein as domestic animals and are not considered as livestock or poultry and which are normally considered to be kept in conjunction with a dwelling for the pleasure of the resident family, rather than for economic reasons. The keeping of exotic animals shall be in compliance with applicable regulations pertaining to their humane and safe keeping. The keeping of exotic animals which exceeds this definition shall be considered a "game refuge" as herein defined and further regulated by this chapter.
The United States Federal Aviation Administration or any agency successor thereto.
Any one or more of the following:
A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for not more than eight residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimal level of supervision but do not require medical or nursing care or general supervision. A family care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare and may include uses such as foster homes, community residential alternative facilities, or home individual programs.
A residence offering baby-sitting services and child-care services for four to six children unrelated to the resident household and meeting all applicable licensing/registration requirements of the Pennsylvania Department of Public Welfare.
A tract of land of at least 10 acres in size, upon which the principal use is agricultural, as defined in this chapter. Such farms may include a farm dwelling and accessory uses, buildings and structures.
A resident farm family owned and operated business related to agriculture, traditional trades or arts and crafts, to include small scale, limited site coverage, agriculturally compatible farmstead occupations conducted commercially within the context of and/or in close proximity to farmstead buildings. A farm-related occupation shall conform to the following:
A farm-related occupation may be conducted either within an existing farm residence used principally as a residence, within principally agricultural buildings of the farmstead or within additions to existing buildings or new buildings, which by farmstead location, scale, and design, are incidental and secondary to the agricultural character of the property.
A farm-related occupation may include agricultural equipment repair, welding, small machine repair, painting service, fencing service, sharpening service, livestock grooming, shearing and/or trimming services, agricultural consulting service, small tools, small parts and/or specialized small agricultural equipment, family scale food processing preparation, canning and baking, small feed or fertilizer franchises or family dealerships, butcher shops, cold storage and mini-warehousing of foods and prepared agricultural products in existing agricultural buildings, craftsmanship shops, woodworking and cabinetry shops, metalworking, leather works, blacksmith shops, carriage shops, tool making, handmade arts and crafts, quilts and kindred traditional arts and crafts, and commercial composting or incineration operations. See also § 450-164A(21) of this chapter.
A farm-related occupation shall not include commercial or industrial uses such as feed, fertilizer, and grain mills, large agricultural equipment sales and service, canneries, rendering plants, manufacture and assembly or any other use which results in high traffic generation or attraction, noise, glare or noxious elements.
The area of a farm occupied by the farmhouse, barns, outbuildings, an accessory dwelling unit (i.e., attached or detached unit for a family member), parking areas and business structures.
An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.
Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; and the material used to make a fill.
A parcel of land where the area between the building envelope and abutting street is connected by an access strip of land of less than the required minimum lot width.
Refer to East Earl Township Ordinance 197-2016 for all terms relating to flooding, floodplain, floodplain management and the like.[3]
The gross floor space of the building, or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating buildings. In particular, the floor area of a building, or buildings, shall include:
All spaces other than basement/cellar space with structural headroom of seven feet six inches or more.
Interior balconies and mezzanines.
Enclosed or roofed porches or terraces or other roofed spaces.
Attic spaces (with or without a finished floor) providing structural headroom of seven feet four inches or more available over 30%.
The use of land for the growing or production for income of flowering and ornaments plants.
The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve and land development. The foregoing shall also be the definition of "forestry activities." Provisions of this chapter relating to forestry/forestry activities are set forth in § 450-164A(23). See also this chapter's definition of "timber harvesting."
An area of land or of land and water established and maintained for the preservation and protection of one or more species of wildlife. For purposes of this definition, "wildlife" is defined as undomesticated animals living in the wild.
An enclosed or covered space for the storage of one or more vehicles or vessels, provided that no business, occupation or service is conducted for profit therein, nor space herein for more than one vehicle or vessel is leased to a nonresident of the premises.
All table refuse, animal and vegetable matter, offal from meat, fish and fowl, vegetables and fruits and parts thereof, and all other articles and materials ordinarily used for food, for humans or domestic animals, and which have become unfit for such use or which are discarded for any reason.
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat fluid; a heat pump; an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of groundwater. A horizontal closed loop system shall be no more than 20 feet deep.
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA borehole that extends beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.
GEOTHERMAL ENERGY SYSTEMAn energy-generating system that uses the Earth's thermal properties in conjunction with electricity to provide greater efficiency in the heating and cooling of buildings.
OPEN-LOOP GEOTHERMAL SYSTEMWater is pumped from a water well or other water source into a heat exchanger located in a surface building. The water drawn from the Earth is then pumped back into the ground through a different well or in some cases the same well, also known as "reinjection." Alternatively, the groundwater could be discharged to a surface water body also known as a "pump and dump." In the heating mode, cooler water is returned to the Earth, and in the cooling mode, warmer water is returned to the surface water body or well.
A tract of land laid out for at least nine regular sized holes (that is, with all holes having an average length of at least 100 yards) for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse and shelter. This definition shall also include pitch and putt courses, unless context of use in this chapter indicates otherwise.
The East Earl Township Board of Supervisors, Lancaster County, Pennsylvania.
A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants and/or fruits and vegetables for subsequent sale or for personal enjoyment.
A spatially defined element of common public/semipublic open space within the community designed to serve a variety of outdoor leisure and assembly needs. Landscaping, lighting, and accessory structures integral to the function of the greens may be included.
The floor of a building nearest the mean grade of the front of the building.
A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for more than nine but fewer than 15 residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimal level of supervision but do not require medical or nursing care or general supervision. A group care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare.
A residence offering baby-sitting services and child-care services for seven to 11 children unrelated to the resident household and meeting all applicable licensing/registration requirements of the Pennsylvania Department of Public Welfare.
A residence for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently. Such facility must be leased and operated by the Pennsylvania Department of Corrections for such services.
Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
The term "hazardous waste" shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[4] "Hazardous waste" shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law;"[5] solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1342), or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 through 2394).
See definition "building height."
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary 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 Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
A business or commercial activity, not including a no-impact home-based business, a rural accessory business or a farm-related occupation, that is conducted as an accessory use to a single-family detached dwelling.
The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.
A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities.
Residential dwelling units intended for occupancy by persons 55 years of age or older and which comply with the provisions of the Housing for Older Persons Act (HOPA) of 1995.
The International Ground Source Heat Pump Association.
Any substance placed on a lot, which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, all gravel and stoned areas, driveways and parking areas, closed-floor decks, swimming pools and any other concrete or asphalt or other nonporous structures or materials as well as packed stone and compacted soil which shall be considered impervious if they prevent infiltration.
Any surface meeting the definition of "impervious coverage."
A device in which combustible material, other than garbage, is burned to ashes.
Any establishment which provides recreation, amusement or entertainment for the general public within a completely enclosed structure for a fee or admission charge, including but not limited to: theaters, dance halls, bowling alleys, billiard and pool halls, amusement arcades and spas or health clubs where the principal use includes a gymnasium, exercise room, swimming pool or other sports facility.
The manufacturing, compounding, processing, assembly or treatment of materials, articles, or merchandise.
Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk includes vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, brush, wood and lumber.
The use of more than 100 square feet of the area any lot, land, or structure, or part thereof or 400 square feet in the case of a farm, in all zoning districts except the Industrial Light (IL) District for the storage, keeping, or abandonment of junk. Two or more unregistered and/or inoperable farm vehicles/equipment, utilized solely for on-site replacement parts by the owner of the farm, shall not be considered a junkyard. However, the deposit or storage on any lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard. A disabled vehicle is one that is not operable under its own power for any reason, or a vehicle that does not have a valid current registration plate, or that has an inspection certification which is more than 60 days beyond the expiration date, and which is not intended for use, restoration, or removal within one year of the date upon which the vehicle was deemed disabled. Any vehicle stored in accordance with the above criteria shall not be located within the front yard area of any property.
A structure on any lot on which animals (except livestock, horses, or poultry) are kept, boarded, raised, bred, treated, or trained for a fee, including but not limited to, dog or cat kennels. For the purpose of this definition, the production of more than two litters in any calendar year of dogs and cats shall be considered breeding and shall include the raising and sale of rabbits, gerbils, mice and other similar type animals.
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; or
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.
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[6]
A solid waste disposal facility.
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 condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.
A completely planted visual barrier composed of evergreen plants and trees arranged to form both a low-level and high-level screen.
An area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy. Large solar energy production facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar-related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A facility is considered a large solar energy production facility if it supplies electrical or thermal power solely for off-site use.
An area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. Large wind energy production facilities consist of one or more wind turbines, tower, and associated control or conversion electronics and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A facility is considered a large wind energy production facility if it supplies electrical power solely for off-site use.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade;
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated;
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street area on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street or other appropriate means of access.
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 area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.
A line dividing one lot from another lot or from a street or alley.
A lot line separating the front of the lot from the street. On a corner lot, all lot lines which abut a street shall be front lot lines.
A lot line which does not intersect a front lot line and is most distant from, and most parallel to, a front lot line.
Any lot line which is not a front or rear lot line. Corner lots shall have a side lot line opposite each front lot line.
A lot which has been recorded in the Office of the Recorder of Deeds of Lancaster County, Pennsylvania.
The width of the lot measured at the building setback line between side lot lines and parallel to the front lot line, but in no case shall the street frontage be less than 30 feet. In the case of a corner lot, lot width shall be the horizontal distance measured at the minimum building setback line parallel to the street between the side lot line and the intersecting street right-of-way line of the corner lot.
A lot abutting two street rights-of-way at their intersection in which the average center lines of such roads along the frontage of the lot form an interior angle of less than 135°.
The average horizontal distance between the front and rear lot lines.
An interior lot having frontage on two streets.
See definition "nonconforming lot."
A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single manufactured home.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes.
See definition "dwelling, manufactured home."
The processing and/or converting of raw unfinished or finished materials or products, or of any combination, into an article or substance of a different character, or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.
A facility, either large or small, as defined below, which main purpose is to use anaerobic digestion processes to convert livestock and poultry manure (primary catalyst) into biogas, which is generally burned on-site to produce electricity, heat, and water; as well as to manage livestock and poultry manure. Manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). Types of manure digesters include covered anaerobic lagoons, plug flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
LARGE MANURE DIGESTERA manure digester principally used to convert biogas into electricity, heat, and water. Large manure digesters accept livestock and poultry manure (primary catalyst), generated off-site or from more than one farm. Large manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts).
SMALL MANURE DIGESTERA manure digester used to convert biogas into electricity, heat, and water and is intended to primarily reduce on-site consumption of utility power. A system is considered a small manure digester only if it supplies electrical or thermal power for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. Small manure digesters use livestock and poultry manure generated on-site from one farm, and are designed and intended solely to generate power to off-set utility costs. Small manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts).
A permanent structure or facility, or portion of a structure or facility, utilized for the primary purpose of containing manure. Examples include: liquid manure structures, manure storage ponds, component reception pits and transfer pipes, containment structures build under a confinement building, permanent stacking and composting facilities and manure treatment facilities. The term does not include the animal confinement areas of poultry houses, horse stalls, free stall barns or bedded pack animal housing systems.
An establishment primarily engaged in furnishing inpatient and/or outpatient medical, surgical or other services to individuals, including the offices of physicians, dentists and other health care practitioners, medical and dental laboratories, blood banks and oxygen and miscellaneous types of medical supplies and services.
A semipublic, pedestrian-oriented outdoor courtyard which is spatially defined by residences fronting on its perimeter.
The extraction of minerals from the earth, from waste or stockpiles or from pits or from banks by removing the strata or material that overlies or is above or between them or otherwise exposing and retrieving them from the surface, including, but not limited to, strip mining, auger mining, dredging, quarrying, and leaching and all surface activity connected with surface or underground mining, including, but not limited to, exploration, site preparation, entry, tunnel, drift, slope, shaft and borehole drilling and construction and activities related thereto; but it does not include those mining operations carried out beneath the surface by means of shafts, tunnels or other underground mine openings. The term does not include any of the following:
The extraction of minerals by a landowner for his own noncommercial use from land owned or leased by him.
The extraction of sand, gravel, stone, earth or fill from borrow pits for highway construction purposes of the Pennsylvania Department of Transportation or the extraction of minerals pursuant to construction contracts with the Department if the work is performed under a bond, contract and specifications that substantially provide for and require reclamation of the area affected in the manner provided by the "Noncoal Surface Mining Conservation and Reclamation Act," Act 1984-219, as amended.[7]
The handling, processing or storage of slag on the premises of a manufacturer as a part of the manufacturing process.
Those dredging operations that are carried out in the rivers and streams of the commonwealth and Lake Erie.
The extraction, handling, processing or storing of minerals from any building construction excavation of the site of the construction where the minerals removed are incidental to the building construction excavation, regardless of the commercial value of the minerals.
Any aggregate or mass of mineral matter, whether or not coherent, that is extracted by surface mining. 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; but it does not include anthracite or bituminous coal or coal refuse, except as provided in Section 4 of the Noncoal Surface Mining Conservation and Reclamation Act, Act 1984-219, as amended,[8] or peat.
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
Occupancy of a building or land for more than one use.
A building or group of buildings, whether detached or in connected units, used as individual sleeping units, and designed for year-round occupancy, by transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms.
The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended, 53 P.S. § 10101 et seq.
A multifamily building containing more than 12 dwelling units which are constructed on multiple floors.
Any building, structure or use of land by East Earl Township or a municipal authority/commission created by the East Earl Township Board of Supervisors.
This term includes garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and sludge not meeting the definition of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
For purposes of determining compliance with target density or other density requirements where applicable, "net density" shall refer to the density of dwelling units on the buildable areas of the tract subject to development, including building areas, yard areas, and access drives and parking areas serving the subject dwellings. Areas occupied by floodplains, wetlands or slopes greater than 25% and areas occupied by existing public streets shall be excluded from the area used to calculate net density.
Structures for which the start of construction commenced on or after September 4, 1987, and includes any subsequent improvements thereto.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy all of the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the 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.
A use, including signs, whether of land or of structure, which does not comply with the applicable use provisions herein or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the application of this chapter or amendment to its location by reason of annexation.
A building with sleeping rooms where persons are housed or lodged and furnished with meals, nursing care for hire and which is approved for nonprofit/profit corporations licensed by the Pennsylvania Department of Public Welfare for such use.
A written site-specific plan which incorporates best management practices to manage the use of plant nutrients for crop productions and water quality protection consistent with the criteria established in 3 P.S §§ 1704 and 1706, in Sections 83.271, 83.272 and 83.281-83.331 for concentrated agricultural operations or Sections 83.271, 83.272 and 83.391-83.441 for not concentrated agricultural operations planning under the Act.
The unoccupied space, open to the sky on the same lot with the building, not including parking lots.
A proposed development project to be built under the requirements of § 450-164A(38), Open space neighborhood option.
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and 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.
An establishment which provides recreation, amusement or entertainment to the general public outside for a fee or admission charge, including but not limited to golf facilities (including for purposes of this definition pitch and putt and miniature golf facilities but excluding a golf course as otherwise defined in the definitions section hereof), buggy rides and amusement rides.
A fuel-burning device, also known as an "outdoor wood-fired boiler or furnace," "outdoor solid fuel burning appliance," and "outdoor wood-burning appliance," designed:
To burn clean wood or other fuels specifically tested and listed for use by the manufacturer;
By the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and
To heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
All contiguous land held in single and separate ownership, regardless of whether:
Such land is divided into one or more lots, parcels, purports or tracts;
Such land was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; or
Such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title on the effective date of this chapter.
When used in determining the maximum number of lots which may be subdivided or dwellings or other principal nonagricultural buildings erected in the Agricultural (AG) District, all contiguous land held in single and separate ownership, regardless whether such land is divided into one or more lots, parcels, purparts or tracts; whether such lands were acquired by the landowner at different times or by different deeds, devices, petitions or otherwise; whether such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title on May 10, 1983, or if land was not classified as AG District on May 10, 1983, that which was held by the landowner or his predecessor in title on the date such land was first classified Agricultural (AG) District. When used in determining the maximum number of lots which may be subdivided or dwellings or other principal nonagricultural buildings erected in the Conservation/Open Space (CO) District, all contiguous land held in single and separate ownership, regardless whether such land is divided into one or more lots, parcels, purparts or tracts; whether such lands were acquired by the landowner at different times or by different deeds, devices, petitions or otherwise; whether such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title on August 9, 2005, or if land was not classified as CO District on August 9, 2005, that which was held by the landowner or his predecessor in title on the date such land was first classified Conservation/Open Space (CO) District.
When used in determining the maximum number of lots which may be subdivided or dwellings or other principal nonagricultural buildings erected in the Welsh Mountain Watershed Conservation (WMWC) District, all contiguous land held in single and separate ownership, regardless whether such land is divided into one or more lots, parcels, purparts or tracts; whether such lands were acquired by the landowner at different times or by different deeds, devices, petitions or otherwise; whether such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title on April 9, 2013, or if land was not classified as WMWC District on April 9, 2013, that which was held by the landowner or his predecessor in title on the date such land was first classified Welsh Mountain Watershed Conservation (WMWC) District.
Any lot, municipally or privately owned for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or for a fee.
The space within a building, or on a lot or parking lot, for the parking or storage of one vehicle.
A common shared wall between two separate structures, buildings, or dwelling units.
An unroofed area or courtyard which shall not be completely enclosed, except for any side which may adjoin a structure or be lined by fences, walls, shrubs, or hedges. Outdoor areas covered by a roof, trellis, or fixed awning shall be considered to be a structure and not a patio. For the purposes of this chapter, a patio is considered to be an impervious surface.
An individual, partnership, public or private association or corporation, film, 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.
A building in which food, shelter and personal assistance or supervision are provided for a period exceeding 48 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration. Residents shall consist primarily of elderly persons, 55 years of age or older.
Establishments primarily engaged in providing services involving the care of a person or his or her apparel.
The Planning Commission of East Earl Township, Lancaster County, Pennsylvania.
A covered area in excess of four feet by five feet or 20 square feet in area at a front, side or rear door of a structure.
Any lot, parcel, or tract of land and any building constructed thereon.
Land used for agricultural purposes that contains soils of the first, second or third class as defined in the latest edition of the United States Department of Agriculture Natural Resource and Conservation Services Lancaster County Soil Survey.
Not publicly owned, operated, or controlled.
Private access to a single lot and/or a vehicular drive necessary to the reasonable function of a lot.
A licensed professional engineer registered by the Commonwealth of Pennsylvania.
A room or rooms used for conducting a profession and the practice of a profession by any professional, including, but not limited to, attorney, physician, surgeon, osteopath, chiropractor, dentist, optician, optometrist, chiropodist, engineer, surveyor, architect, landscape architect, planner or similar type, entitled to practice under the laws of the Commonwealth of Pennsylvania.
Owned, operated or controlled by a government agency (federal, state, or local), including a corporation and/or board created by law for the performance of certain specialized governmental functions.
A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance herein.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act" and its subsequent amendments.[9]
A notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days, and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, and/or variance requests shall also include the posting of a sign(s) at a conspicuous location(s) along the perimeter of the subject property. The posting shall occur at least one week prior to the hearing and shall exhibit the nature, date, time, and location of the hearing.
Any sanitary sewer collection and treatment system, whether publicly or privately owned, and approved for use by the Pennsylvania Department of Environmental Protection.
Public and semipublic uses of a welfare and educational nature, including, but not limited to, hospitals, schools, parks, churches, cemeteries, day-care centers, historical restorations, fire stations, municipal buildings, essential public utilities which require enclosure within a building, airports, fraternal clubs and homes, nonprofit recreational facilities, easements for alleys, streets, and public utility rights-of-way, and radio and television transmission facilities.
A use which is operated, owned or maintained by a public utility corporation and regulated by the Pennsylvania Public Utility Commission in accordance with the requirements of the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq. or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service, public sewer service or similar services. A "public utility" shall not include cellular telephone transmission facilities and similar facilities of entities which are not governmentally owned and operated or not regulated by the Public Utility Commission.
A potable supply of water subject to either the Pennsylvania Public Utility Commission jurisdiction or other appropriate regulating agency.
A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which has its own motor power or is mounted or drawn by another vehicle; having a body width of no more than eight feet and a body length of no more than 35 feet when factory equipped for the road, and licensed as such by the commonwealth to include, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. The definition shall not include four-wheelers, off-road vehicles, motorbikes, motorcycles, and snowmobiles.
All combustible refuse and incombustible refuse, referred to collectively.
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses; generally, the right of one to pass over the property of another.
A public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, alley, or however designated.
A street configuration incorporated at an intersection of streets which contains a landscaped island surrounded by channelized one-way traffic.
A business permitted on farmsteads, as defined herein, or on a non-farm lot within the Agricultural District. The business shall be accessory to the principal use.
See definition "antenna, satellite dish."
Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania.
See definition "day-care centers."
A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located.
A group of stores and other uses permitted within the respective zone, planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit, as well as any single retail store in excess of 10,000 square feet of gross floor area.
The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.
Any visual advertisement, announcement, communication or device produced in whole or in part by constructing, erecting, affixing or placing a structure on land or any other structure, or produced by painting, pasting or otherwise placing any printed, lettered, figured or colored material on any building, structure or surface. A sign also specifically includes any device intended or which has the result of bringing the subject matter or location thereof to the attention of the public. A sign does not include public traffic or directional signs, any flag, badge or insignia of any government or government agency, or of any civic, charitable or religious organization, or lettering which is an integral part of the architectural design of the building.
The ownership of a lot by one or more persons which ownership is separate and distinct from that of any adjoining property.
A solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices and solar-related equipment, and is intended to primarily reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
A wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, and is intended to primarily reduce on-site consumption of utility power. A system is considered a small wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.
Items including a solar photovoltaic cell, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations used for or intended to be used for collection of solar energy.
Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement or hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.
A lot, parcel or tract of land including, but not limited to, a sanitary landfill where garbage, trash or junk is disposed of or is processed for disposal. Such use shall not include the disposal or processing of hazardous or radioactive materials. A solid waste processing/recycling facility or solid waste transfer facility may be collocated with a solid waste disposal facility.
The processing of solid waste to obtain materials or energy for reuse or recycling but not including disposal of solid waste.
A place where solid waste is brought, sorted, stored for less than four days and transferred from one vehicle to another vehicle or to a rail car for the purpose of transport to a permanent solid waste disposal facility. A solid waste transfer facility shall not include disposal of solid waste.
A land use that would not be appropriate generally or without restrictions throughout the district, but which, if controlled as to number, area, location, and/or relation to the neighborhood, would be a suitable use for the district. Special exceptions are permitted in a particular zoning district pursuant to the provisions of Articles XXII and XXV.
A spatially defined element of open space designed so that it directly abuts streets on two or more sides. Landscaping and lighting shall be provided to enhance its designed function.
The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours, excluding display areas as defined herein. Outdoor storage shall include that which is contained within trailers or similar vehicles.
That portion of a building located between the surface of any floor and the ceiling or roof above it.
A public or private right-of-way which includes avenue, boulevard, road, alley, lane, highway, freeway, parkway, and viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
The center of the surveyed street right-of-way, or where not surveyed, the center of the traveled cartway.
The officially established grade of the street upon which a lot fronts, or in its absence, the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
The street line is the right-of-way line of a public street or the cartway line of a private street.
The shortest distance between street lines measured at right angles to the center line of the street.
A street intersecting another street at one end and terminating at the other in a vehicular turnaround.
A street used primarily for access to abutting properties.
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
See definition "nonconforming structure."
A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
A building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for radio or television broadcasting.
The use of a premises by a teacher of music or dancing where students are taught these arts for a fee. This term is synonymous with "dancing school" and "music school," and other similar expressions.
The division or re-division 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, or as defined in the MPC.[10]
An assemblage of equipment for purposes other than generation or utilization, through which bulk electric energy is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public. This definition includes transformer substations.
A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 24 inches, designed, used, and maintained for swimming and bathing.
An arrangement established with no thought of continuance or permanency, and in no event to exceed 180 days in duration.
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
The cutting down and removal of five or more trees from a single lot or tract of land within the Township. All timber-harvesting activities are subject to the requirements of the East Earl Township Timber Harvesting Ordinance, No. 170 of 2011.[11]
The space within the street right-of-way which is defined as being from back of the curb at the edge of the cartway to the nearest edge of street sidewalk. Said area shall be established with permanent turf grass and contain shade trees at appropriate intervals.
An area and building where cargo is stored and where trucks load and unload cargo on a regular basis.
The distance measured from the highest point of the wind turbine rotor plane to the ground level.
The statewide building code adopted by the Pennsylvania General Assembly and placed into service on April 9, 2004,[12] 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 with the common floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the MC and the IBC.
The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
See definition "nonconforming use."
The primary or predominant use of any lot.
A use established for a fixed period of time, not exceeding 180 consecutive days, with the intent to discontinue such use upon the expiration of the time period.
A single-family detached dwelling in which lodging is designed and provided for transients for a specified time period in return for compensation to the owner. A vacation rental house is not owner-occupied during the same time period(s) as the transient occupancy.
A modification granted by the Zoning Hearing Board, upon hearing, from the terms and conditions of this Zoning Ordinance, or some of them, where literal enforcement thereof would create unnecessary hardship as a result of peculiar or unique conditions or circumstances, not self-imposed, pertaining only to the lot which is the subject of the hearing.
Shall consist of trees, shrubs, flowers, grass, ground or bank cover or suitable pervious decorative substitute.
Every device in or by which any person or property is or may be transported or drawn upon a highway.
A building on a lot, designed and used primarily for the washing and polishing of vehicles and which may provide accessory services set forth herein for vehicular service establishments.
Any structure or any building or part thereof, that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles of conveyance.
A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing, or retail supplying of gasoline or oil to automobiles, trucks, or similar motorized vehicles.
The use of any building, land area or the premises for the display, sale and leasing of new or used automobiles, trucks or vans, trailers, or recreational vehicles, including boats, snowmobiles, off-road vehicles, four-wheelers, and motorcycles, and including any warranty repair work and other repair service conducted as an accessory use.
An establishment offering on-site veterinary services.
A channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purpose of this chapter, wetlands are also considered as waterways and/or bodies of water.
Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns, and similar areas.
A device such as a wind charger, wind turbine or windmill and/or other electric generation facility whose main purpose is to convert wind power into another form of energy such as electricity or heat, consisting of one or more wind turbine and other structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.
The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
A device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.
A required open space on a lot adjoining a lot line, containing only landscaping or other uses as provided by this chapter. Distances which represent minimum yards throughout this chapter shall include all portions of a lot which are within such distances as measured at right angles from the respective lot line.
A strip of required yard space adjacent to the boundary of a property or district, not less than the width designated in this chapter, and on which is placed (planted) year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district and may include a wall, as provided for in this chapter.
A yard encompassing the entire width of the lot and situated between the front lot line and the building line nearest to the front lot line.
An open, unoccupied space between the buildings of a dwelling group or its accessory buildings, not a front, side, or rear yard.
A yard encompassing the entire width of the lot and situated between the rear lot line and the building line nearest to the rear lot line.
A yard lying between the side lot line and the building line nearest to the side lot line and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. A side yard shall not be required for sides of structures on which the side lot line is congruent with a common party wall.
The designation of specified districts within a community reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
The map setting forth the boundaries of the Zoning Districts of the Township which shall be a part of this chapter.
The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.
Written permission issued by the East Earl Township Zoning Officer for building construction, building alterations, and/or change in use of land or structure certifying compliance with this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: See 53 P.S. § 10503(1.1).
[7]
Editor's Note: See 52 P.S. § 3301 et seq.
[8]
Editor's Note: See 53 P.S. § 3304.
[9]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: See 35 P.S. § 7210.101 et seq.