Unless otherwise stated, the following terms and phrases shall be construed throughout this chapter to have the meanings indicated in this section:
ACCESS DRIVEA private drive providing pedestrian and vehicular access between a public or private street and a parking compound within a land development. (Equivalent definition of the SLDO.) For purposes of this chapter, the, "parking compound" shall mean "parking lot."
ADULT-ORIENTED BUSINESS AND/OR RELATED USE termsThe following terms and definitions, when used in this chapter relating to the "adult-oriented businesses and/or related uses" shall have the meaning given to them in the subsections below unless the context clearly indicates otherwise:
A. ADULT-ORIENTED BUSINESS AND/OR RELATED USEAn inclusive term used to describe collectively a business, club, or other similar type of adult-oriented establishment which engages in one or more of the areas of sales, services or entertainment as specified under "adult-oriented business and/or other related use terms."
B. ADULT BATH HOUSEAn establishment or business primarily engaged in providing 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.
C. 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.
D. ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:
(1) 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.
(2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
E. 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.
F. 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. An adult massage establishment does not include a massage establishment operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth of Pennsylvania for purposes of physiotherapy. This definition does not include an athletic club, health and fitness 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.
G. 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.
H. 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 "school of art" 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.
I. ADULT MOTEL/HOTELA 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.
J. 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 areas.
K. 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.
L. ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
M. 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.
N. 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. For purposes of this chapter, this term does not include psychosexual workshops, operated by a medical practitioner licensed by the Commonwealth of Pennsylvania, intended to offer sexual therapy for medical purposes.
O. 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.
P. 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."
Q. (1) Less than completely and opaquely covered human genitals and pubic regions; buttocks and anus; female breasts below a point immediately above the top of areolae; and/or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
R. (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(5) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain;
(6) Erotic or lewd touching, fondling or other contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation.
AFFILIATED OWNERA person, corporation, limited-liability company, partnership, or other entity which owns land as to which at least 40% of the equitable or other ownership interest is held by the same person, corporation, limited-liability company, partnership, or other entity which owns at least 40% of the equitable or other ownership interest in another tract of land which is contiguous to the first tract, or located within 200 feet at its closest point, or is separated only by a public or private street. For the purpose of this definition, a spouse shall be considered to be the same person as his or her spouse and a child or parent shall be considered the same person as his or her parent or child, but a sibling shall not be considered to be the same person as his or her sibling.
AGRIBUSINESSAn agricultural operation involving, but not necessarily limited to, one or more of the following:
A. CONCENTRATED ANIMAL FEEDING OPERATIONAn agricultural operation that meets the criteria established by PA DEP under authority of the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law." For purposes of this chapter, an agricultural operation that meets any of the following criteria [A, B, or C] listed in Table 2-2.1 in this subsection below:
Table 2-2.1 CAFO Criteria* |
|---|
A | B | C |
|---|
Exceeding any of the following thresholds: | With a total of more than 1,000 AEUs, when all animal/livestock types are combined | A CAFO having more than 300 AEUs, when all animal/livestock types are combined |
|---|
Type of Animal/Livestock | Number | | |
|---|
Mature dairy cows | 700 | | |
Veal calves | 1,000 | | |
Cattle (includes but is not limited to heifers, steers, bulls, and cow/calf pairs) | 1,000 | | |
Swine (55 pounds or more) | 2,500 | | |
Swine (under 55 pounds) | 10,000 | | |
Horses | 500 | | |
Sheep or lambs | 10,000 | | |
Turkeys | 55,000 | | |
Layers or broilers, wet1 | 30,000 | | |
Broilers, dry2 | 125,000 | | |
Layers, dry1 | 82,000 | | |
Ducks, dry2 | 30,000 | | |
Ducks, wet1 | 5,000 | | |
NOTES: |
1: "Wet" means that the operation uses a liquid manure handling system. |
2: "Dry" means that the operation uses something other than a liquid manure handling system. |
*: Source: http://www.portal.state.pa.us/portal/server.pt/community/nutrient_management/10617/concentrated_animal_feeding_operations%28cafos%29/554279; PA DEP, August 6, 2013 |
B. CONCENTRATED ANIMAL OPERATIONAn agricultural operation that meets the criteria established by the PA SCC in regulations under the authority of Title 3 (Agriculture), Pa.C.S.A. Chapter 5 (relating to Nutrient Management and Odor Management). For purposes of this chapter, an agricultural operation that meets both of the following criteria:
(1) Contains eight or more animal equivalent units; and
(2) Has an animal density in excess of two animal equivalent units or 2,000 pounds, on an annualized basis, per acre of land suitable for manure application.**
**(Source: Pennsylvania's Nutrient Management Program Technical Manual Version 6.0:PA SCC, January 2013) |
C. OTHER AGRIBUSINESSAny agricultural operation other than a CAFO or CAO, whether involving animal, animal product, or vegetable production, which occurs within an enclosed building exceeding 10,000 square feet of gross floor area.
AGRITAINMENT/AGRITOURISMAn enterprise conducted upon, and accessory to, an active principal agricultural operation or agribusiness use, providing a combination of agriculture, entertainment, education, recreation, or active involvement elements, characteristics, and experiences related to the agricultural operation or agribusiness.
AGRICULTURAL EQUIPMENT SALES/RENTALAn establishment primarily engaged in the retail sale and/or rental of specialized machinery, equipment, and related parts generally used in agricultural, farm, and lawn and garden activities.
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry. (Equivalent definition of the MPC.)
AGRICULTURAL PRODUCT MARKETING/SALESAn enterprise conducted upon, and accessory to, an active principal agricultural operation or agribusiness use for the purpose of directly marketing agricultural products, in their natural or manufactured state, produced by the agricultural operation or agribusiness. The term shall include any on-site processing, packaging, or other activity performed in the course of direct marketing of the agricultural products produced by the agricultural operation or agribusiness. For purposes of this chapter, this term includes but is not limited to roadside stands, farm markets, "pick-your-own" operations, Christmas tree farms, and other similar uses.
AGRICULTURAL-RELATED BUSINESSAn establishment primarily engaged in meeting the needs of those engaged in agricultural operations and agribusinesses via the provision of goods, materials, and services needed for and supporting agricultural operations and agribusinesses.
AIRPORT OVERLAY (APO) ZONE TERMS AND PHRASESUnless specifically defined elsewhere in Article
II of this chapter relating to specific terms and definitions (§
350-202), the following words and phrases when used in Article
IV of this chapter relating to the Airport Overlay (APO) Zone (§
350-403) shall have the meaning given to them in the subsections below unless the context clearly indicates otherwise:
A. AIRPORT ELEVATIONThe highest point of an airport's usable land area measured in feet above sea level. The airport elevation for Lancaster Airport is 403 feet.
B. AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
C. AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in Article
IV of this chapter relating to Airport Overlay (APO) Zone (§
350-403) and Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
D. AIRPORT, LANCASTER (LNS)Any area of land or water which is used or intended to be used for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities for rights-of-way, together with all airport buildings and facilities thereon.
E. APPROACH SURFACE ZONEAn imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone is derived from the approach surface.
F. CONICAL SURFACE ZONEAn imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone is based on the conical surface.
G. HEIGHTFor the purpose of determining the height limits in all Airport Overlay (APO) Zone related zones set forth in Article
IV of this chapter relating to Airport Overlay (APO) Zone (§
350-403), the datum shall be mean sea level elevation unless otherwise specified.
H. HORIZONTAL SURFACE ZONEAn imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone is derived from the horizontal surface.
I. LARGER-THAN-UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight, and jet-powered aircraft.
J. NON-PRECISION-INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.
K. OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by Article
IV of this chapter relating to Airport Overlay (APO) Zone (§
350-403).
L. PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
M. PRIMARY SURFACE ZONEAn imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone is derived from the primary surface.
N. RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
O. TRANSITIONAL SURFACE ZONEAn imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone is derived from the transitional surface.
P. TREEAny vegetative object of natural growth.
Q. UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
R. VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
ALLEYA local street which is used primarily for vehicle access to the back or the side of properties otherwise abutting a street, or for placement of utilities. (Equivalent definition of the SLDO.)
ALTERATIONSAny construction or renovation to an existing structure other than repair or addition. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
ALTERNATIVE ENERGY SYSTEMA system or facility used in the conversion, storage, and distribution of renewable energy sources, including electrical infrastructure, transmission lines, and other appurtenant structures and facilities. For purposes of this chapter, this term includes but not limited to renewable energy sources such as sunlight, wind, rain, tides, and geothermal heat facilities.
ALTERNATIVE ENERGY SYSTEM, ACCESSORYAn alternative energy system that supplies energy primarily for on-site use, except that when a property upon 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. This definition shall not in any way limit or preclude those accessory alternative energy systems conducted pursuant to and part of power purchase agreements.
ANAEROBIC DIGESTIONThe process in which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock (including poultry) manure or other organic materials into biogas.
ANCHOR USEA single user (occupant) space under common ownership having a minimum and maximum gross ground-level floor area in accordance with the provisions of the Mixed-Use Commercial (MUC) Zone of this chapter.
ANIMAL HOSPITALAn establishment of licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals; and establishments primarily engaged in providing testing services for licensed veterinary practitioners. For purposes of this chapter, this term includes outdoor and overnight boarding of animals, and similar uses.
APARTMENT, ACCESSORYA dwelling unit incorporated as an accessory use into a building containing a permitted principal, owner-occupied single-family detached dwelling.
APPURTENANCESThe visible functional, mechanical or ornamental objects accessory to and part of buildings or uses.
ARBORETUMAn establishment primarily engaged in the preservation and exhibition of live plant displays.
AREA, BUILDINGThe area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
AREA, LOTThe area contained within the property lines of an individual parcel of land, not including any area within a street right-of-way.
AUTOMATED BANKING OR POSTAL FACILITYAn establishment containing automated devices performing banking or financial functions, or postal and mailing-related services which are operated by customers or patrons walking up to the device, but where drive-through facilities are permitted, the automated banking or postal facility may also be operated by those customers or patrons who remain in their vehicles.
BANK AND OTHER SIMILAR FINANCIAL INSTITUTIONAn establishment primarily engaged in accepting demand and other deposits, and making loans. Financial counseling, planning, and services related to money management, and establishments considered savings and loans and credit unions are included.
BED-AND-BREAKFASTAn establishment primarily engaged in providing temporary lodging for compensation, with or without meals, to transient guests, visitors, or tourists, conducted with an owner- or resident manager-occupied residential unit.
BEEKEEPINGThe cultivation of bees for the production of honey.
BILLBOARDA sign upon which images and/or messages of any kind are printed, posted, or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed, or to disseminate other messages.
BIOGASA fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of anaerobic digestion processes.
BOARDING HOUSEA building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.) For purposes of this chapter, this term shall include facilities commonly known as "rooming houses" and "single room occupancies."
BOARDING/RIDING STABLEAn establishment primarily engaged in providing services and facilities for boarding, training, or exercising of animals such as horses, ponies, mules, alpacas, and llamas that are owned by nonresidents of the subject property. For purposes of this chapter, this term also expressly includes recreational riding for a fee, riding lessons, periodic competitions and similar events related to the care, use and enjoyment of such animals.
BUILDABLE AREAThat portion of a lot which may be used or built upon in accordance with the regulations of the applicable zone, when the front, side and rear yard setbacks and applicable landscape screening strip requirements have been met.
BUILDINGA structure used or intended for supporting or sheltering any use or occupancy. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
BUILDING FACADEThe front exterior face, elevation, or building wall of a principal building that is often facing street rights-of-way, excluding alleys.
BUILDING SETBACK LINEA line within a lot, designated as the minimum required distance between any structure and/or use and any adjoining lot line.
BUILDING, ACCESSORYA detached, subordinate building, the use of which is customarily incidental and subordinate to that of the principal building, structure, or otherwise principal use of the lot, and which is located on the same lot as that occupied by the principal building, structure, or otherwise principal use of the lot.
BUILDING, ATTACHEDA building connected to another building via one or more common party wall(s).
BUILDING, PRINCIPALThe main or primary building, the use of which is primary and essential to that of any accessory building, structure, or other accessory use of the lot, and which may be located on the same lot as any accessory building, structure, or other accessory use of the lot.
BUSINESS OR COMMERCIAL ACTIVITYAn interaction between two or more parties in which goods, services, or something of value is exchanged for remuneration. For purposes of this chapter, this term includes "donations" accepted on behalf of and benefitting the owner or operator of the business or property. For purposes of this chapter, this term excludes "donations" accepted on behalf of and benefitting a charitable or nonprofit organization.
CAMPGROUNDA portion of land used for the purpose of providing a space or spaces for trailers or tents, for camping purposes regardless of whether a fee has been charged for the leasing, renting or occupancy of the space. (Equivalent definition in Organized Camps and Campgrounds of the Pennsylvania Code.)
CARPORTAn unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts, except that one or more walls may be the walls of the main building to which the carport is accessory.
CARTWAYThe portion of a street or alley intended for vehicular use. (Equivalent definition of the SLDO.)
CEMETERYAn establishment primarily engaged in the burial of and/or long term interment of human or animal remains either in the ground or in structures such as columbariums, mausoleums, and entombments.
CERTIFICATE OF USE AND OCCUPANCYA statement signed by the Township Zoning Officer, setting forth that a building, structure or use legally complies with this chapter and a previously issued zoning permit.
CHANNELA natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.
CLEAN WOODNatural wood which has no paint, stains, or other types of coatings and which has not been treated with chemical preservatives such as copper chromium arsenate, creosote, or pentachlorophenol. For the purposes of this chapter, this term shall include all wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing processes (butt-offs, shavings, turnings, sander dust) wood pellets, slabs, bark, chips, and wood skids or pallets.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at the intersection of two or more streets, access drives, driveways, or alleys or any combination of the foregoing. It is defined by lines of sight between points at a given distance from the intersection of the center lines of both streets, access drives, driveways, or alleys. (Equivalent definition of the SLDO.)
CLUB, PRIVATEAn organization catering exclusively to members and their guests and not the general public. Private clubs shall include but not be limited to educational, fraternal, service, and political organizations, labor unions, and social, athletic, and fish and game clubs.
CLUBHOUSE OR LODGE, PRIVATEAn establishment operated by a private club primarily engaged in serving the interests of their members. The use could include drinking or eating facilities within the clubhouse or lodge intended for use by the members of the clubhouse or lodge and their guests.
CO-LOCATIONThe placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities if approved by the municipality. This term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound. (Equivalent definition of the Pennsylvania Wireless Broadband Collocation Act [Act 191].)
COMMERCIAL COURTYARDAn open central open space, bounded on three or more sides by commercial buildings within a Village Overlay Zone Development.
COMMON OPEN SPACEA 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. (Equivalent definition of the MPC.)
COMMUNITY GATHERING FACILITYA defined place where, or facility in which people are able to congregate within a Village Overlay Zone Development. A "town square," meeting house or band shell could be included in a community gathering facility.
COMMUNITY OUTREACH CENTERMay include indoor and outdoor facilities, including aquatic facilities, outdoor activity areas, and grounds, buildings, or other facilities which are dedicated to social and recreational purposes and administered by a public or private nonprofit agency(ies) or entity(ies) to serve the fitness, recreation, healthy living, social, educational, and related needs of community residents, while providing financial assistance for those in need, and which generally helps relieve governmental or quasi-governmental entities from some of their burdens. Emphasis shall be on facilities readily accessible to the community, including but not limited to athletic facilities, multipurpose rooms, and day-care facilities; community-based programming (e.g., day camps); other activities generally limited to members, their guests, program participants, and persons specifically invited for special events; and those accessory uses customarily associated with Community Outreach Centers.
COMPOST PRODUCTION FACILITYAn establishment primarily engaged in the processing of septage and/or raw organic waste by-products using biological degradation via microbial action into biologically stable organic material. The processing of wood into wood chips could be included in a compost production facility.
COMPOST SALESAn establishment primarily engaged in the retail sales of compost, mulch, wood chips, and bulk and bag coal.
COMPREHENSIVE PLANThe most recent version of the official public document prepared in accordance with the MPC, consisting of maps, charts and textual material that constitutes decisions about the physical and social development of Rapho Township, as amended from time to time.
CONDITIONAL USEA use permitted in a particular zoning district pursuant to the provisions in Article
VI. (Equivalent definition of the MPC.)
CONSERVATION AREALand managed for the purposes of preserving open space, conserving natural resources, and providing opportunities for passive, nonmotorized, low-intensity outdoor recreation and environmental education activities.
CONSERVATION PLANA plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.
CONVENIENCE STOREAn establishment primarily engaged in the retail sales of automotive fuels (e.g., diesel fuel, gasohol, gasoline) in combination with a limited line of goods that generally includes milk, bread, soda, and snacks.
CONVERSION, MULTIPLE-FAMILYThe creation of two or more additional dwelling units by converting an existing single-family detached dwelling without substantially altering the exterior of the building. Multiple-family conversions have three or more dwelling units.
CONVERSION, TWO-FAMILYThe creation of one additional dwelling unit by converting an existing single-family detached dwelling without substantially altering the exterior of the building. Two-family conversions have no more than two dwelling units.
CREMATORY FACILITYAn establishment primarily engaged in the incineration of corpses with the result that the remains become ashes.
CROPS/GARDENINGThe use of land for the tilling of the soil; the raising, maintenance, and cultivation of crops, and also including horticulture, apiculture, floriculture, and/or viticulture.
DAY CAREAn establishment primarily engaged in providing care or supervision of persons under the age of 16, special needs adults in lieu of care or supervision by family members, elderly persons which are generally 62 years of age and older, mentally disabled, and/or physically handicapped persons who need such daily assistance because of their physical or cognitive disabilities, or disease. This use shall not include persons who need oversight because of criminal and/or violent behavior. This use may involve occasional overnight stays. The use shall involve typical stays of less than a total of 60 hours per week per person.
DAY CARE, COMMERCIALAn establishment primarily engaged in providing care and supervision to more than six persons unrelated to the operator and who are nonresidents of the site, during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses such as schools, places of worship, industries, residential complexes, however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. For purposes of this chapter, this term includes facilities including "group child day-care homes" and "child day-care centers," as defined, regulated, and licensed by the PA DPW.
DAY CARE, FAMILYAn accessory use to a residential dwelling unit whereby care and supervision is provided to four, five, or six persons unrelated to the operator and who are nonresidents of the site, during any calendar day. Family day-care facilities shall be regulated and licensed by the PA DPW, as applicable.
DENSITYThe number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of existing rights-of-way and private streets.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.
DEVELOPMENT TRACTOne or more tracts of land which are contiguous or located within 200 feet at its closest point or separated only by public or private streets and which, as of July 2, 2009, are owned by the same owner or an "affiliated owner."
DONATION DROPOFF BINA container, storage unit, or structure, other than an accessory building, designed for the acceptance and temporary storage of charitable or nonprofit donated items (e.g., common household goods including clothing, shoes, toys, books, small appliances, etc.) by the general public, with the collection of the donated items made at a later date or time.
DRIVE-THROUGH FACILITYA use designed for providing goods and services to drivers and patrons who remain in their vehicles before and during the on-site activity.
DRIVEWAYA private drive, other than an access drive, designed and constructed to provide for vehicular movement between a street or access drive and a lot containing not more than one dwelling unit or an agricultural operation.
DRIVEWAY, SHAREDA driveway, designed and constructed to provide for vehicular movement between a street and parking spaces for not more than the number dwelling units permitted in this chapter.
DRY CLEANER, LAUNDRY, AND LAUNDROMATA. An establishment primarily engaged in one or more of the following:
(3) Dropoff and pickup sites for laundries and/or dry cleaners; and/or
(4) Specialty cleaning services for specific types of garments and other textile items (except carpets and upholstery), such as fur, leather, or suede garments; wedding gowns; hats; draperies; and pillows.
B. These establishments may provide all, a combination of, or none of the cleaning services on the premises.
DWELLINGA building that contains one or two dwelling units, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes. [Equivalent definition of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho.]
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. [Equivalent definition of the IBC or IRC (as applicable) as referenced in the PA UCC adopted by the Township of Rapho.] For purposes of this chapter, the phrase "or more persons" in this definition shall specifically be limited to not more than one family.
DWELLING UNIT, ACCESSORYA detached accessory building containing one dwelling unit, located on a lot which the permitted principal use is an owner-occupied single-family detached dwelling.
DWELLING UNIT, TEMPORARYA detached accessory building containing one dwelling unit located for a limited duration with the intent to discontinue use and removal of said building upon the expiration of the time period, on a lot which the permitted principal use is an owner-occupied single-family detached dwelling, agricultural operation, or agribusiness. For purposes of this chapter, this term excludes temporary recreational vehicle occupancy.
DWELLING, ACCESSORY EMPLOYEEA specific accessory living arrangement where occupancy and use of a dwelling unit is limited to an employee (and with their family) engaged in the operations and/or management of a permitted principal on-site establishment, located on a lot which the permitted principal use is the permitted principal establishment.
DWELLING, ACCESSORY FAMILY MEMBERA specific accessory living arrangement where occupancy and use of a dwelling unit is limited to family members of the on-site owner occupants of permitted principal single-family detached dwelling, located on a lot which the permitted principal use is the owner-occupied single-family detached dwelling.
DWELLING, MULTIPLE-FAMILYA building containing three or more dwelling units, wherein each dwelling unit shall contain private bath and kitchen facilities. For purposes of this chapter, this term includes facilities commonly known as "apartment homes" and "apartment houses." (See Figure 2-2.1.)
 FIGURE 2-2.1 TYPICAL MULTIPLE-FAMILY DWELLING LOT LAYOUT |
DWELLING, SINGLE-FAMILY ATTACHEDA building containing one dwelling unit, having at least one party wall in common with other single-family attached dwelling building(s). For units having one party wall, there shall be one side yard, and for units having two party walls, there shall be no side yards (except on corner lots). Standards and regulations of this chapter shall apply to individual dwelling units, whether on a common lot or on individual lots. For purposes of this chapter, this term includes facilities commonly known as "town homes," "townhouses," "row homes," or "row houses." (See Figures 2-2.2 and 2-2.3.)
 FIGURES 2-2.2 and 2-2.3 TYPICAL SINGLE-FAMILY ATTACHED DWELLING LOT LAYOUTS |
DWELLING, SINGLE-FAMILY DETACHEDA building containing one dwelling unit, and having two side yards (except on corner lots). (See Figure 2-2.4.)
 FIGURE 2-2.4 TYPICAL SINGLE-FAMILY DETACHED DWELLING LOT LAYOUT |
DWELLING, SINGLE-FAMILY SEMIDETACHEDA building containing one dwelling unit, and having one party wall in common with another single-family semidetached dwelling building and one side yard (except on corner lots). (See Figure 2-2.5.)
 FIGURE 2-2.5 TYPICAL SINGLE-FAMILY SEMIDETACHED DWELLING LOT LAYOUT |
DWELLING, TWO-FAMILY DETACHEDA building containing two dwelling units, with one dwelling unit arranged over the other, beside the other, or in front of the other, and having two side yards (except on corner lots). (See Figure 2-2.6.)
 FIGURE 2-2.6 TYPICAL TWO-FAMILY DETACHED DWELLING LOT LAYOUT |
EARTHMOVING ACTIVITYAny construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
ELECTRONIC NOTICENotice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing. (Equivalent definition of the MPC.)
ENROLLMENTThe largest number of students under educational supervision at any one time.
ESSENTIAL SERVICESThe provision by public utilities, municipal, or other governmental units regulated by the Public Utility Commission (PUC) or other governmental agencies of underground or overhead gas, electrical, steam or water pipes, sewer and storm sewer facilities, and wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities, municipal, or governmental units or for the public health, safety or general welfare.
ESTABLISHED ORDINARY HIGH WATER MARKThe point on the bank or shore of watercourse, stream, lake, or pond up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation, or other easily recognized characteristic.
ESTABLISHMENTAny organization, including a business, whether private, public, governmental, social, or otherwise, together with its owners, directors, employees, members, merchandise, inventory, and equipment, founded for a specific purpose.
EXCAVATING CONTRACTORAn establishment primarily engaged in site preparation activities, such as excavating and grading, demolition of buildings and other structures, and septic system installation. For purposes of this chapter, this term includes earth moving and land clearing for all types of sites (e.g., building, non-building, mining). For purposes of this chapter, this term also establishments primarily engaged in construction equipment rental. For purposes of this chapter, this term does not include establishments which engage in crane rental.
FAMILYOne or more persons related by blood, marriage, legal guardianship, licensed or court-appointed foster care or legal adoption who maintain one common household and reside in one dwelling unit; or no more than three persons who are not related to each other by blood, marriage, legal guardianship, licensed or court-appointed foster care, or legal adoption. Persons possessing a handicap as set forth in "group home" and within the meaning of the Fair Housing Act [42 U.S.C. § 3602(h), or successor legislation] who reside in one dwelling unit and live and cook together as a single housekeeping unit shall be considered a family. A roomer, boarder, or lodger is not considered a family member.
FARM COREFor purposes of determining the number of permitted lots or principal nonagricultural uses and structures in the Agricultural (A) Zone, a farm core shall be a parcel of land with 20 or more acres upon which one or more agricultural operations are conducted.
FELLINGThe act of cutting a standing tree so that it falls to the ground.
FENCEAny freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh, or masonry erected, intended and maintained either, singularly, or in combination to: provide screening or divide one property from another property or public street right-of-way; enclose an area; help assure privacy or protection; and/or define and mark the property or lot line(s).
FILLMaterial placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.
FLAG LOT RESIDENCEA flag lot established for a permitted residential use in the applicable zone.
FLEA MARKETAn establishment where more than one vendor primarily engages in the display and retail sale of assorted new and used merchandise.
FLOODPLAIN OVERLAY TERMS AND PHRASESA. The following terms and definitions used in Article
IV of this chapter relating to Floodplain Overlay (FPO) Zone (§
350-402) and elsewhere in this chapter shall have the meaning given to them in the subsections below unless the context clearly indicates otherwise:
(1) BASE FLOODA flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood" or "1%-annual-chance flood").
(2) BASE FLOOD ELEVATION (BFE)The elevation shown on the FIRM for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year.
(3) BASEMENTAny area of the building having its floor below ground level on all sides.
(4) CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured/mobile homes.
(5) DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured/mobile homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
(6) EXISTING MANUFACTURED/MOBILE HOME PARK OR SUBDIVISIONA manufactured/mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(8) YEAR FLOODD — A flood that, on the average, is likely to occur once every 500 years.
(9) FLOOD INSURANCE RATE MAP (FIRM)The Official Map on which the FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(10) FLOOD INSURANCE STUDY (FIS)The official report provided by the FEMA that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
(11) FLOODPLAIN AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
(12) FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(13) FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(14) FLOOD ELEVATIONThe projected heights, in relation to the North American Vertical Datum of 1988 (NAVD), reached by floods of various magnitudes and frequencies in the floodplain areas.
(15) HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(16) (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:
[1] By an approved state program as determined by the Secretary of the Interior; or
[2] Directly by the Secretary of the Interior in states without approved programs.
(17) IDENTIFIED FLOODPLAIN AREAThis term is an umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the "special flood hazard area" on the FIRMs and FIS, but may include additional areas identified by the community.
(18) LOWEST FLOORThe lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
(19) MANUFACTURED/MOBILE HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
(21) MAXIMUM FLOOD ELEVATIONThe water surface elevations of a flood which would completely fill the floodplain to the boundaries of the (FPO) Zone.
(22) MEAN SEA LEVELThe average height of the sea for all stages of the tide, using the North American Vertical Datum of 1988.
(23) NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective start date of this chapter and includes any subsequent improvements to such structures. Any construction started after August 16, 1982, and before the effective start date of this chapter is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
(24) NEW MANUFACTURED/MOBILE HOME PARK OR SUBDIVISIONA manufactured/mobile home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured/mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
(25) OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area:
(a) Which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water; or
(b) Which is placed where the flow of the water might carry the same downstream to the damage of life and property.
(26) YEAR FLOODD — A flood which is likely to be equaled or exceeded once every 100 years (i.e., that has a 1% chance of being equaled or exceeded in any given year). A study by the FEMA, USACE, the USDA-NRCS, the USGS, SRBC, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this flood.
(27) YEAR FLOOD BOUNDARYY — The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year). A study by the FEMA, USACE, the USDA-NRCS, the USGS, SRBC, or a licensed surveyor or professional engineer, registered by the Commonwealth of Pennsylvania is necessary to define this boundary.
(29) (a) Built on a single chassis;
(b) Not more than 400 square feet, measured at the largest horizontal projections;
(c) Designed to be self-propelled or permanently towable by a light-duty truck; and
(d) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(31) SPECIAL FLOOD HAZARD AREA (SFHA)An area in the floodplain subject to a 1% or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
(32) START OF CONSTRUCTIONIncludes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured/mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(33) STRUCTUREA walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured/mobile home.
(34) SUBDIVISIONThe 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; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
(35) SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
(36) SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, of which the cost equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
(37) VIOLATIONThe failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
FLOOR AREA, GROSSThe floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
FLOOR AREA, HABITABLESpace in a structure for living, sleeping, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas shall not be construed as habitable spaces. (See "habitable space" definition of the PA UCC adopted by the Township of Rapho.)
FLOOR AREA, NETThe actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
FLOOR AREA, NET RETAILThe sum total of all floor area space relegated to use by the customer and the retail employee to conduct retail sales, including the display area used to indicate the variety of goods available for customers, but not including office space, storage space, and other general administrative areas.
FORESTRY (COMMERCIAL TIMBER HARVESTING)The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. (Equivalent definition of the MPC.)
FORESTRY OPERATORAn individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.
FRONT BUILD-TO LINEAn area establishing the required location for all, or a portion of a building's front facade, as measured from the street line.
FUNERAL HOMEAn establishment primarily engaged in preparing the dead for burial or interment and conducting funerals (i.e., providing facilities for wakes, arranging transportation for the dead, selling caskets and related merchandise). A cremation facility may be included.
GARAGE/YARD SALEAn occasional and temporary use of a residential lot, wherein the owner and/or occupant of said lot display and offer personal possessions for sale to the general public.
GEOTHERMAL TERMS AND PHRASESUnless specifically defined elsewhere in Article
II of this chapter relating to specific terms and definitions (§
350-202), the following words and phrases when used in Article
V of this chapter and elsewhere relating to the geothermal energy systems (§
350-502A) shall have the meaning given to them in the subsections below unless the context clearly indicates otherwise:
A. CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: underground loops of piping; heat transfer fluid; a heat pump; and 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.
B. 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.
C. GEOTHERMAL BOREHOLESA hole drilled or bored into the earth into which piping is inserted for use in a closed vertical loop geothermal system.
D. 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.
E. OPEN HORIZONTAL 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 watercourse 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 watercourse or well.
GOLF COURSEA facility primarily for public or private use to play golf which may include related recreational facilities and dining facilities, rental services, golf instruction services and facilities commonly known as country clubs.
GOVERNMENT USE OTHER THAN MUNICIPAL USEAny establishment, use, facility, and/or structure owned and/or operated by a government, government agency or government authority for valid public health, public safety, public welfare, or similar governmental purpose other than the Township of Rapho, its municipal authorities, and/or authorized agents. Does not include permitted uses defined, listed, and/or regulated separately elsewhere in this chapter.
GROUP HOMEA dwelling inhabited by not more than eight handicapped persons, as identified and provided for by the Fair Housing Act and this chapter. A group home involves persons functioning as a common household unit, providing nonroutine support services and oversight to persons who need such assistance to avoid being placed in an institution because of physical, mental, or developmental disability, or old age, or individuals whose condition meets the definition of "handicap," as defined by applicable federal law. (NOTE: The Federal Fair Housing Act amendments define "handicap" as follows: "(1) a physical or mental impairment which substantially limits one or more of such person's major life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21." This definition was subsequently adjusted by Section 512 of the Americans with Disabilities Act [ADA] to address certain situations related to substance abuse treatment.) For the purposes of this chapter, group homes shall be permitted and regulated as the applicable residential dwelling type within the applicable zone.
HAZARDOUS MATERIALThose chemicals or substances that are physical hazards or health hazards as defined and classified herein and the International Fire Code, whether the materials are in usable or waste condition. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
HAZARDOUS WASTEAny garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution 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:
A. Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of, or otherwise managed.
HEIGHT, BUILDINGThe vertical distance from grade plane to the average height of the highest roof surface. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
HEIGHT, STRUCTUREThe vertical distance from grade plane to the average height of the highest point of the structure.
HEIGHT, TURBINEThe vertical distance from grade plane to the highest point of the wind turbine rotor plane.
HELICOPTER PAD, PRIVATEAn accessory use, upon land or water or a structural surface, intended for the use for the landing, taking off, and storage of not more than one helicopter operated exclusively by the owner and/or employees (not open to the general public) of the lot.
HELIPORTAn area of land or water or a structural surface that is used, or intended for the use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport buildings or other heliport facilities. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
HOME OCCUPATIONA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling.
HOME OCCUPATION, NO-IMPACTA 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 premise, in excess of those normally associated with residential use. (See "no-impact home-based business" equivalent definition of the MPC.)
HOSPICE CAREServices that are reasonable and necessary for the palliation or management of the recipient's terminal illness and related conditions. (Equivalent definition in Hospice Care of the Pennsylvania Code.)
HOSPITALBuildings or portions thereof used on a twenty-four-hour basis for the medical, psychiatric, obstetrical or surgical treatment of inpatients who are incapable of self-preservation. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.) For purposes of this chapter, this term does not include any facility which houses the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.
HOTEL/MOTELAn establishment primarily engaged in providing temporary or short-term, overnight lodging accommodations for transient guests in sleeping rooms/units, for compensation. These establishments may offer food and beverage services, recreational services, conference rooms and convention services, laundry services, parking, and other services.
IMPROVED SURFACEA portion of a lot graded for proper drainage and improved with a durable and dustless surface, such as concrete, bituminous concrete surface, or other approved alternative material and/or design as part of a readily accepted stormwater BMP complying with the provisions of the Township of Rapho stormwater requirements, for activities such as lot access (driveways and access drives), parking, loading, vehicle queuing, display, storage, and other similar improvements associated with motor vehicles, and outside display and outside storage.
INDUSTRIAL, GENERALAn establishment primarily engaged in the:
A. Processing and manufacturing of semi-finished and/or finished materials or products predominately from extracted, raw, and/or recycled materials;
B. Storing, manufacturing, or shipping of flammable or explosive materials; or
C. Storing, manufacturing, or shipping of materials or products that potentially involve hazardous or commonly offensive conditions.
INDUSTRIAL, LIGHTAn establishment primarily engaged in the:
A. Manufacturing, predominately from previously prepared semi-finished or finished materials, products, or parts of finished materials and products, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution, as well as the repair of such finished products; or
B. Producing and/or repairing of large major appliances; small engines (excluding automobiles, heavy equipment, and other similar motor vehicles); electrical instruments; office and vending machines; precision instruments; electronic devices; timepieces; jewelry; musical instruments; novelties; mass-produced personal and office furniture and equipment; wood products such as cabinetry; printed materials including all forms of media and signs; lithographic plates; type composition; machine tools; dies and gauges; ceramics; apparel; lightweight metal castings; film processing; light sheet metal products; tinsmithing; welding; plumbing, heating, ventilating and air-conditioning goods; pharmaceutical goods; medical supplies; optical goods; and related equipment and appliances; and food products and frozen food lockers; taxidermy.
C. For purposes of this chapter, this term excludes the processing of extracted, raw, and/or recycled materials. For purposes of this chapter, this term also excludes animal slaughtering or curing, and rendering of fats.
JUNKScrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, iron, steel and other old or scrap ferrous or nonferrous material, including wrecked, scrapped, ruined, dismantled, or junked motor vehicles, or parts thereof. (Equivalent definition in control of junkyards and automotive dismantlers and recyclers of the Pennsylvania Code.) For purposes of this chapter, this term includes junk awaiting potential reuse or ultimate disposal. See also "trash, garbage, and refuse."
JUNKYARDAny outdoor establishment, place of business, or activity which is maintained, used or operated for storing, keeping, buying or selling junk; for the maintenance or operation of a garbage dump, sanitary landfill or scrap metal processor, or for the storage of 10 or more junked vehicles. (See "junkyard" equivalent definition in control of junkyards and automotive dismantlers and recyclers of the Pennsylvania Code.) Except that for purposes of this chapter, the deposition or storage of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard."
KEEPING OF LIVESTOCK, NONCOMMERCIALAn accessory use to a principal residential dwelling in which livestock are kept for personal or hobby type use by the residents of the site.
KENNELAny establishment in or through which at least 26 dogs are kept or transferred in a calendar year and which also qualifies as a commercial kennel, dealer kennel, nonprofit kennel or pet shop-kennel under the dog law administered by the Pennsylvania Department of Agriculture, as amended from time to time (see 3 P.S. § 459-101 et seq.). The term does not include an establishment engaged only in dog grooming or dog training. For purposes of this chapter, this term includes establishments providing animal rescue and similar emergency treatment care and related services, whether or not they are operated on a commercial basis. For the purpose of this chapter, the term "dog" includes all dogs, whether adults or puppies.
KENNEL, BOARDINGAny establishment available to the general public where a dog or dogs are housed for compensation by the day, week or a specified or unspecified time. The term shall not include a kennel where the practice of veterinary medicine is performed if the kennel is covered by the provisions of the act of December 27, 1974 (P.L. 995, No. 326), known as the "Veterinary Medicine Practice Act." The term shall include any boarding facility operated by a licensed doctor of veterinary medicine, whether or not this facility is on the same premise as a building or structure subject to the provisions of the "Veterinary Medicine Practice Act." The term shall include any establishment available to the general public that, for consideration, takes control of a dog from the owner for a portion of a day for the purposes of exercise, day care or entertainment of the dog. For the purpose of this term, each time a dog enters the kennel, it shall be counted as one dog. This term does not include an establishment engaged only in dog grooming or dog training. (See "boarding kennel" equivalent definition of the Pennsylvania "Dog Law," 1982, Dec. 7, P.L. 784, No. 225.) For purposes of this chapter, the term "dogs" shall also include those animals listed in "pets, keeping of." For purposes of this chapter, this term includes establishments providing animal rescue and similar emergency treatment care and related services whether or not they are operated on a commercial basis.
LANDINGA place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
LANDOWNERThe legal or beneficial owner or owners of land including the holder of an option or contract to purchase [whether or not such option or contract is subject to any condition], a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. (Equivalent definition of the MPC.)
LANDOWNER'S IMMEDIATE FAMILYFor purposes of this chapter, this term includes the landowner's brother, sister, son, daughter, stepson, stepdaughter, grandson, granddaughter, father, or mother.
LANDSCAPE SCREENING STRIPA completely planted visual barrier composed of shrubs, trees, fences, walls, earthen berms, etc., arranged to form both a low-level and a high-level screen between grade and a minimum height of six feet.
[Amended 9-15-2022 by Ord. No. 2022-4]
LANDSCAPING SERVICEAn establishment primarily engaged in providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns, or gardens; and establishments primarily engaged in providing these services along with the design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls, decks, fences, ponds, and similar structures. For purposes of this chapter, this term includes snow-plowing services.
LARGE -SCALE ANCHOR USEA single user (occupant) space under common ownership having a minimum and maximum gross ground-level floor area in accordance with the provisions of the Mixed-Use Commercial (MUC) Zone of this chapter.
LIBRARYAn establishment primarily engaged in housing books, manuscripts, recordings or films, and other literary, musical, artistic or reference materials available to the public.
LINER SHOPA commercial or retail store having a gross ground-level floor area of less than maximum square footage per shop in accordance with the provisions of the Mixed-Use Commercial (MUC) Zone of this chapter, and located along at least one side of an anchor use or large-scale anchor use.
LITTERDiscarded materials scattered about a site.
LIVESTOCKAnimals bred, raised and kept, and typically associated with an agricultural operation or agribusiness, including but not limited to the following: horses, donkeys, ponies, mules, cattle, sheep, goats, swine, poultry, bison, deer, alpacas and llamas. The term "livestock" shall not include dogs, cats, small birds, gerbils, rabbits and other animals which are included within the term "pets, keeping of" as further defined in this chapter.
LOADING SPACEAn improved and stabilized off-street area designed for the loading or unloading of goods and having direct usable access to a street or access drive.
LOPTo cut tree tops and slash into smaller pieces to allow material to settle close to the ground.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. (Equivalent definition of the MPC.) For purposes of this chapter, this term shall include one or more contiguous pieces, parcels, tracts, or plots of land of record, all under the same ownership.
 FIGURE 2-2.7 TYPICAL LOT TYPES |
LOT COVERAGEA measure of the intensity of the use of a piece of land measured as that portion or percentage of the lot area covered with structures, buildings, driveways, parking areas, loading areas, sidewalks, patios, decks, and other similar types of structures.
LOT FRONTAGEThat portion of a lot adjoining the street right-of-way and regarded as the front of the lot. (I.e., corner lots have two lot frontages.)
LOT LINE, FRONTSee also "street right-of-way line." (I.e., interior lots have one front lot line. Corner lots have two front lot lines.) (See Figure 2-2.8.)
LOT LINE, REARThe lot line opposite and most distant from the front lot line, or the lot line directly opposite the street of address. For irregular-shaped lots where the side lot lines meet at a point, the rear lot line shall be assumed to be a line not less than 10 feet long within the lot and parallel to the front lot line. (I.e., all lots have one rear lot line.) (See Figure 2-2.8 and Figure 2-2.9.)
 FIGURE 2-2.8 TYPICAL LOT LINES |
 FIGURE 2-2.9 REAR LOT LINE - IRREGULAR-SHAPED LOT |
LOT LINE, SIDEAny lot line other than a front or rear lot line. (I.e., Interior lots have two side lot lines. Corner lots have one side lot line. Flag lots have two side lot lines.) (See Figure 2-2.8.)
LOT WIDTHThe width of a lot measured at the street right-of-way line or the minimum building setback line. For a flag lot, the lot width shall be measured at the flag. (Equivalent definition of the SLDO.) For purposes of this chapter, "minimum building setback line" means "required front yard setback." Additionally, on corner lots, lot width shall be measured between the right-of-way line for the non-address street and the directly opposite lot line.
LOT, CORNERA lot, other than an interior lot, situated at the intersection of two or more streets, having lot frontage on two or more adjacent sides. (See Figure 2-2.7.)
LOT, DOUBLE FRONTAGEA lot, other than a corner lot, fronting on two streets.) (See "double frontage lot" equivalent definition of the SLDO.) For purposes of this chapter, "double frontage lots" shall be considered interior lots. (See Figure 2-2.7, "through lot.")
LOT, FLAGAn interior lot, which does not meet the minimum lot frontage requirement, and is comprised of two parts: (See Figure 2-2.7.)
A. The "flag" includes that portion of the lot away from the adjoining street that is the location of the principal use and related accessory structures; and
B. The "flagpole" shall be considered that portion of the lot adjoining the street that is used for vehicular access between the "flag" and the adjoining street.
LOT, INTERIORA lot other than a corner lot, the sides of which do not adjoin a street. (See Figure 2-2.7.)
LOT, REVERSE FRONTAGEA lot extending between and having frontage on a major street and a minor street with vehicular access solely from the latter. (See "reverse-frontage lot" equivalent definition of the SLDO.) For purposes of this chapter, "reverse frontage lots" shall be considered interior lots, with vehicular access limited to only one of the streets. (See Figure 2-2.7, "through lot.")
MACHINE SHOPAn establishment primarily engaged in manufacturing metal or plastic parts and parts of other composite materials on a job or order basis using machines such as lathes, automatic screw machines, or machines for boring, grinding, and milling, whether or not computer controlled.
MAILED NOTICENotice given by a municipality by first class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing. (Equivalent definition of the MPC.)
MAN-MADE LAKEA constructed water body that:
A. Has a maximum potential storage capacity volume of 50 acre feet or greater;
B. Has a maximum potential water depth greater than 15 feet; or
C. Impounds the water from a watershed of at least 100 acres.
MAN-MADE PONDA constructed body of water that does not meet the definition "man-made lake."
MANUFACTURED HOUSINGUnder Section 901(A) of the Act [35 P.S. § 7210.901(a)], housing which bears a label as required by and referenced in The Manufactured Housing Act (35 P.S. §§ 1656.1 through 1656.9), certifying that it conforms to federal construction and safety standards adopted under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 through 5426). (Equivalent definition of the PA UCC.)
MANUFACTURINGA function involving either the processing or production of materials, goods, or products.
MANUREThe fecal and urinary excrement of livestock, often containing some spilled feed, bedding, or litter.
MANURE DIGESTER SYSTEMAn alternative energy system which includes anaerobic digestion processes to convert livestock manure (primary catalyst) into biogas, which is generally burned on-site to produce electricity, heat, and water; as well as to manage livestock (including poultry) manure. Manure digesters may include "co-digestion" in which the livestock manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). For purposes of this chapter, this term includes 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.
MANURE STORAGE FACILITYA permanent structure or pond, a portion of a structure or pond, or a group of structures or ponds at one agricultural operation, utilized for the purpose of containing manure or agricultural process wastewater. This includes concrete, metal or other fabricated tanks and underbuilding structures, as well as earthen and synthetically lined manure storage ponds. (Equivalent definition in Environmental Protection of the Pennsylvania Code.)
MEDICAL RESIDENTIAL CAMPUSA development providing a harmonious and balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, semipublic, and medical services for the off-campus retirement-aged community.
MINERAL EXTRACTIONAn establishment that extracts naturally occurring minerals. For purposes of this chapter, this term includes quarrying, well operations, beneficiating (e.g., crushing, screening, washing, and flotation), and other preparation customarily performed at the mine site, or as a part of mining activity. For purposes of this chapter, this term excludes routine movement of and replacement of topsoil during construction.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas. (Equivalent definition of the MPC.)
MINI-STORAGEReal property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis. (See "self-service storage facility" equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
MIXED-USE COMMERCIAL DEVELOPMENTAn integrated development of a development tract within the Mixed-Use Commercial (MUC) Zone consisting of a mix of compatible uses and architecture designed under an overall plan of development in accordance with the provisions of the Mixed-Use Commercial (MUC) Zone of this chapter.
MOBILE CONCESSION/STREET VENDORAn establishment primarily engaged in preparing and serving meals and snacks for immediate consumption from motorized vehicles or nonmotorized carts. For purposes of this chapter, this term includes establishments primarily engaged in providing food services from vehicles, such as hot dog carts and ice cream trucks.
MOBILE HOMEA transportable, single-family 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. (Equivalent definition of the MPC.)
MOBILE HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home. (Equivalent definition of the MPC.)
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. (Equivalent definition of the MPC.)
MUNICIPAL USEAny establishment, use, facility, and/or structure that is owned and/or operated by the Township of Rapho, its municipal authorities, and/or authorized agents.
MUSEUMAn establishment primarily engaged in the preservation and exhibition of objects of historical, cultural, and/or educational value.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective date of this chapter, or any applicable subsequent amendment.
NIGHTCLUBAn establishment primarily engaged in providing music and dancing or live entertainment as part of its operations which may also include the offering of on-site consumption of alcoholic or nonalcoholic beverages. A "nightclub" offering the sale of alcohol shall be considered a "tavern/bar" and must comply with all provisions and standards for a "tavern/bar" as defined and regulated in this chapter. For purposes of this chapter, this term includes an "under 21" club.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment. (Equivalent definition of the MPC.)
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. (Equivalent definition of the MPC.)
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation. (Equivalent definition of the MPC.)
NONCONFORMITY, DIMENSIONALAny aspect of a land use that does not comply with any with one or more size, area, height, bulk, setback, distance, landscaping, coverage, screening, or any 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.
NURSING, REST, OR RETIREMENT FACILITYNursing homes are long-term care facilities on a twenty-four-hour basis, including both intermediate care facilities and skilled nursing facilities, serving more than five persons and any of the persons are incapable of self-preservation. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.) For purposes of this chapter, this term includes "rest homes," "retirement homes," "personal care homes," and "hospice care."
OFFICE, MEDICALAn establishment in which health care professionals licensed by the Commonwealth of Pennsylvania are primarily engaged in the examination, diagnosis, treatment, or surgical procedure of human patients' illnesses, injuries, and physical malfunctions, within an office setting with no overnight care. Surgical, rehabilitation, urgent, emergency, and other medical clinics and centers that do not involve overnight patient stays are included, as are medical and dental laboratories.
OFFICE, PROFESSIONAL AND BUSINESSAn establishment primarily engaged in managing, directing, or conducting of business/commerce and whose staffs/employees serve clients seeking advice and consultation regarding business/commerce. Administrative, corporate or professional offices for profit, nonprofit or charitable organizations, are included, as are offices for real estate, stock and bond brokers, accountants, adjusters, appraisers, utility companies, lawyers, clergy, teachers, architects, engineers, landscape architects, planners, interior designers, insurance agents, and similar office-oriented uses are included.
OFFICE, VETERINARYAn establishment of veterinary practitioners licensed by the Commonwealth of Pennsylvania primarily engaged in the practice of veterinary medicine, dentistry, or surgery for animals; and establishments primarily engaged in providing testing services for veterinary practitioners licensed by the Commonwealth of Pennsylvania. For purposes of this chapter, this term includes overnight boarding of animals, but excludes outdoor boarding of animals.
OPEN SPACEA space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.
OPEN SPACE DESIGN OVERLAY (OSDO) ZONE TERMS AND PHRASESUnless specifically defined elsewhere in Article
II of this chapter relating to specific terms and definitions (§
350-202), the following words and phrases when used in Article
IV of this chapter relating to the Open Space Design Overlay (OSDO) Zone (§
350-405) shall have the meaning given to them in the subsections below unless the context clearly indicates otherwise:
A. NEIGHBORHOOD CENTERA community building within an open space design development designed to provide space for one or more commercial and/or institutional/civic establishments including offices, businesses, indoor recreational facilities, and other similar nonresidential uses, designed to serve and complement the open space design development, but may also serve patrons and customers not residing within the open space design development.
B. OPEN SPACE DESIGN DEVELOPMENTA residential and public open space land development option in accordance with the design, review, and approval provisions of Article
IV of this chapter relating to Open Space Design Overlay (OSDO) Zone (§
350-405).
C. PUBLIC OPEN SPACE LANDA parcel or parcels of land or an area of water, or a combination of land and water, and associated facilities within an open space design development in accordance with Article
IV of this chapter relating to Open Space Design Overlay (OSDO) Zone (§
350-405), designed and intended for the preservation of certain unique, sensitive, and important natural features and landscapes, and to be open and accessible to the residents Rapho Township.
OUTDOOR FURNACEA fuel-burning device:
A. Designed to burn clean wood, coal, natural gas, kerosene, propane, and domestic heating oil, provided that such fuels comply with all applicable sulfur limits and are used as starters or supplemental fuel for dual-fired outdoor furnaces, and other types of fuel approved in writing by PA DEP upon receipt of a written request;
B. That the manufacturer specifies for outdoor installation or for installation in structures not normally intended for habitation by humans or domestic animals, including structures such as garages and sheds; and
C. Which heats occupiable space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.
D. For purposes of this chapter, this term includes outdoor wood-fired boilers, outdoor wood-fired furnaces, outdoor wood-burning appliances, or outdoor hydronic heaters, water stoves, etc.
OUTDOOR SPORTS COURTAn accessory use which is improved for the use by the principal uses' residents or, employees, and their respective guests, to engage in noncommercial, recreational sport.
OUTSIDE CAFE/DININGA use outside of an enclosed building designed for providing exterior seating and dining facilities for patrons and guests of a restaurant, tavern/bar, or other similar food service establishment.
OUTSIDE DISPLAYThe display and related sales of products and goods primarily outside of an enclosed building.
OUTSIDE STORAGEThe keeping of goods and material outside of an enclosed building.
OVERLAY ZONEA zone that encompasses one or more base zones and that imposes additional or supplemental requirements and standards other than those which are required by the base zone(s).
PARENT TRACTWhen used in determining the permissible number of lots which may be subdivided or principal nonagricultural uses and buildings developed in the Agricultural (A) Zone, all contiguous land held in single and separate ownership and classified as (A) Zone on January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994, regardless of whether:
A. Such land is divided into one or more lots, parcels, purparts or tracts.
B. Such land was acquired by the landowner at different times or by different deeds, devises, partitions or otherwise.
C. 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 January 25, 1994, or, if such land was not classified as (A) Zone on January 25, 1994, which was held by the landowner or his predecessor in title on the date such land was first classified (A) Zone after January 25, 1994.
PARK/PLAYGROUNDA use of land, which may include accessory buildings and structures, for active and/or passive recreation for the purpose of pleasure, leisure, fellowship, and/or exercise, commonly involving activities open to the public including but not limited to: hiking, jogging, bicycling, swimming, picnicking, etc. A park may include amenities such as ball fields, tennis courts, trails, play equipment, rest rooms, picnic tables, cooking grills, and other similar facilities.
PARKING ACCESS AISLEA travelway designed and constructed to provide for vehicular movement between a parking space within a parking lot and an access drive.
PARKING LOT, ACCESSORYAn area of a lot, other than a driveway or access drive, designed for and containing required parking spaces.
PARKING SPACEAn improved and stabilized area designed for the transient storage of one automobile or other similar motorized or nonmotorized vehicle.
PERSONAL CARE HOMEA. A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.
B. The term includes a premises that has held or presently holds itself out as a personal care home and provides food and shelter to four or more adults who need personal care services, but who are not receiving the services. (Equivalent definition in personal care homes in the Pennsylvania Code.)
PERSONAL SERVICEAn establishment primarily engaged in providing service-oriented activities for personal needs to the general public but which do not primarily involve retail sales of goods or professional advisory services. For purposes of this chapter, this term includes barbershops and beauty shops/salons; health spas; photographic studios; small home appliance repair including radios and televisions; repair shops for tools, bicycles, guns, locks, shoes and watches; and tailor, dressmaking, and upholstering shops.
PESTICIDEAny substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.
PETROLEUM PRODUCTOil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.
PETS, KEEPING OFThe keeping of smaller, domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops, but shall not include those animals considered "livestock," or any animal or bird for which a permit is required under the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the regulations of the Pennsylvania Game Commission.
PETTING ZOOAn establishment primarily engaged in the preservation and exhibition of live animal life displays.
PLACE OF RELIGIOUS WORSHIPAn establishment primarily engaged in operating religious organizations, and/or establishments primarily engaged in administering an organized religion or promoting religious activities.
PORCHA roofed (covered) open area, other than a stoop, providing shelter and shade, attached to or part of and with direct access to or from a building, which creates space for a sociable transition from the public sidewalk/street or adjacent property, to the building to which it is attached.
PRE-COMMERCIAL TIMBER STAND IMPROVEMENTA forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand, but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
PREMISESThe property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incidental to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.
PUBLIC ACTIVITY SPACEPedestrian amenities system including combination of seating, landscaping, outside cafe/dining, sidewalk and window display of merchandise, transit shelter, water elements, gazebo, public art display, public performance area, tot lot, clock tower, or other outdoor facilities incorporated into a pedestrian circulation as part of a Mixed-Use Commercial Development.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this act. (Equivalent definition of the MPC.)
PUBLIC MEETINGA forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (Relating to open meetings. (Equivalent definition of the MPC.)
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. (Equivalent definition of the MPC.)
PUBLIC UTILITYA use which is operated, owned or maintained by a public utility corporation and regulated by the PA PUC, or which is operated, owned or maintained by a municipality or a municipal authority, other than the Township of Rapho, 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 or receiving facilities and similar facilities of entities, which are not governmentally owned and operated or are not regulated by the PA PUC.
RADIOACTIVE MATERIALAny natural or artificially produced substance which emits radiation spontaneously.
RECREATION ATTRACTION, REGIONALOne or more of the following establishments primarily engaged in providing commercial recreation facilities via a combination of attractions, eateries, booths, stands, rides, exhibits, performances, lodging, shops and/or recreational features planned, designed, developed, owned or managed as a single unit with internal vehicle circulation, off-street parking, and loading provided on the property. Accessory resident, employee, patron, and guest services are included.
A. AMUSEMENT PARKA type of "regional recreation attraction" not based upon a central theme.
B. ENTERTAINMENT PARKA type of "regional recreation attraction" otherwise not classified as an "amusement park,"" theme park," or "water park."
C. THEME PARKA type of "regional recreation attraction" based on a central theme.
D. WATER PARKA type of "regional recreation attraction" primarily based upon water-based rides.
RECREATION, COMMERCIALAn establishment primarily engaged in providing recreation uses for a fee to users and patrons.
RECREATION, INDOORAn establishment primarily engaged in providing participatory and spectator-oriented recreation uses conducted within a completely enclosed building, including but not limited to: billiard parlors, bowling centers, indoor batting/pitching cages, skating rinks, indoor shooting ranges, arenas, assembly halls, gymnasiums, theaters, and amusement arcades, etc.
RECREATION, OUTDOORAn establishment primarily engaged in providing participatory and spectator-oriented recreation uses conducted in open, partially enclosed, or screened facilities including but not limited to: batting/pitching cages, go-cart or race tracks, swimming pool, tennis court, and skating rinks, and theaters, etc.
RECYCLABLESSolid waste materials that are recognized by the Lancaster County Solid Waste Management Authority as being recyclable, and have entered a reasonably continuous process whereby their reuse is imminent. For purposes of this chapter, this term shall specifically exclude "junkyards" as defined in Article
II of this chapter (§
350-202).
RECYCLING DROPOFF SITEA container, storage unit, or structure, other than an accessory building, designed for the acceptance and temporary storage of common household or office related waste materials and items which are readily recyclable (e.g., glass, aluminum, other metals, cardboard, and/or paper), at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated recyclables to a facility for further processing.
REFUSE COLLECTION STATIONA container, generally two or more cubic yards in capacity, used for the disposing and collection of trash, garbage, and refuse.
RENTALA procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.
RESEARCH AND DEVELOPMENTAn establishment primarily engaged in performing physical, chemical, and other analytical testing services, such as acoustics or vibration testing, assaying, biological testing, calibration testing, electrical and electronic testing, geotechnical testing, mechanical testing, nondestructive testing, or thermal testing.
RESTAURANTAn establishment primarily engaged in providing food and beverage services to patrons, and routinely providing for the consumption of at least a portion of such food and beverage on the premises. For purposes of this chapter, this term shall include the accessory sale of alcoholic beverages and carry-out and delivery services.
RETAIL BUSINESSAn establishment primarily engaged in the displaying and selling and/or renting of goods or merchandise to the general public for personal and household consumption. For purposes of this chapter, this term includes repair services for goods or merchandise that is similar to that which is sold on the premises, and rendering services incidental to the sale of such goods and merchandise permitted in the applicable zone.
RIGHT-OF-WAYLand set aside for use as a public or private street, alley, pedestrian walkway or other means of travel. (Equivalent definition of the SLDO.)
RIPARIAN CORRIDORAn area of land adjacent to, and including perennial or intermittent streams that is intended to maintain the integrity of stream channels and to reduce stream impacts from upland sources.
ROADSIDE STANDAn enterprise conducted upon, and accessory to a principal residential or crops/gardening use, for the purpose of directly marketing agricultural products produced by the landowner or the landowner's immediate family member, in their natural or manufactured state. This term shall include any on-site processing, packaging, or other activity performed in the course of direct marketing of the agricultural products produced by the landowner or the landowner's immediate family member.
RURAL OCCUPATIONA business or commercial activity administered or conducted within an accessory building as an accessory use which is clearly secondary to the use as a residential dwelling.
SATELLITE DISH ANTENNAA concave, parabolic or dish-shaped antenna, or any other apparatus or device that is designed for the purpose of receiving electromagnetic, digital, or other type of signal including video programming signals from direct broadcast satellites (DBS), multichannel multipoint distribution (wireless cable) providers (MMDS), and television broadcast stations (TVBS).
SAWMILLAn establishment primarily engaged in sawing dimension lumber, boards, beams, timbers, poles, ties, shingles, shakes, siding, and wood chips from logs or bolts. For purposes of this chapter, this term includes the planing of rough lumber made with a planing machine to achieve smoothness and uniformity of size.
SCHOOL, COMMERCIALAn establishment conducted for profit and engaged in furnishing education or instruction for business, technical, cosmetology, language, wide range of arts and music, and other similar type low-impact uses within a completely enclosed building.
SCHOOL, K-12An establishment primarily engaged in furnishing academic courses and associated course work for students at the kindergarten, elementary, and secondary levels.
SCHOOL, PROFESSIONAL, COLLEGE, AND UNIVERSITYAn establishment primarily engaged in furnishing academic courses and granting degrees at baccalaureate or graduate levels. The requirement for admission is at least a high school diploma or equivalent general academic training. Instruction may be provided in diverse settings, such as the establishment's or client's training facilities, educational institutions, or the workplace, and through diverse means, such as correspondence, television, the Internet, or other electronic and distance-learning methods. The training provided by these establishments may include the use of simulators and simulation methods.
SCHOOL, VOCATIONALAn establishment primarily engaged in furnishing education or instruction in apprenticeship training or other specialized trades or vocations for intensive business and/or industrial type uses including truck driving, engine repairs, building construction and general contracting, woodworking, masonry, plumbing, electrical contracting, and other similar type intensive uses.
SEASONAL SIDEWALK DISPLAYThe temporary and limited display and sales of seasonal products and goods outside of, and immediately adjacent to the front wall or storefront of a principal building, as part of a permitted use.
SETBACKThe required horizontal distance between a structure and/or use and an adjoining lot line and/or street right-of-way line.
SEWAGE SYSTEM, INDIVIDUALA system other than a public sewer system, of piping, tanks or other facilities serving a single lot or establishment, and collecting and disposing of sewage in whole or in part into the soil or into waters of the Commonwealth of Pennsylvania or by means of conveyance to another site for final disposal, approved and permitted by PA DEP.
SEWER SERVICE, PUBLICA system other than an individual sewer system, providing sanitary sewer service for use by two or more lots or establishments approved and permitted by PA DEP and/or PA PUC, and owned and/or operated by a municipal authority, the Township of Rapho, or other approved entity. For purposes of this chapter, this term includes the equivalent of "public sewer system" and "community sewage system" as defined in the SLDO.
SHADE TREEA deciduous tree that shall have a clear trunk at least five feet above the finished grade.
SHOOTING RANGEAn establishment primarily engaged in providing facilities for the shooting of firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) for recreation, competition, skill development, training, or any combination of the foregoing.
SHOPPING CART STORAGEA structure or area designed for the storage of shopping carts as part of a permitted use.
SHOPPING CENTERA nonresidential development with any combination of one or more nonresidential establishments and other related establishments that are permitted within the applicable zone, in a single building or in separate buildings that are planned, constructed and managed as a total entity. All shopping centers shall be located in a complex that is planned, designed, developed, owned or managed as a single unit with internal vehicle circulation, off-street parking, and loading provided on the property. Provisions for goods delivery separated from customer access, pedestrian access, aesthetic considerations and protection from the elements, and landscaping and signage.
SHOPS FOR CONTRACTORSAn establishment in which tradesmen are primarily engaged in conducting on-site trade-related business management, scheduling, operations, and services within completely enclosed buildings, in preparing to conduct operations and perform services at off-site locations.
SHORT-TERM RENTALThe use of a single-family detached dwelling unit which is occupied for a period of less than 30 continuous days by the same occupants.
[Added 8-3-2023 by Ord. No. 2023-6]
SIGNA device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure, or flags or other insignia of any government, fraternal, or similar organization.
SIGN, FLAT WALLA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
SIGN, FREESTANDINGA sign that has a separate support structure and is not physically attached to a building.
SIGN, PERMANENTA sign that is expected to be continuously displayed during the presence of a principal land use.
SIGN, PROJECTING WALLA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall, or extends beyond the outside edges of the wall to which it is attached.
SIGN, TEMPORARYA sign that is only for specified periods of time, associated with some temporary event or work conducted on the site.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct, where lots have been separately described as such by metes and bounds in a recorded deed or conveyance prior to January 25, 1994, or on the date when such land was first included in the (A) Zone after January 25, 1994, and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance. Tracts, even if separately described by metes and bounds, that have been consolidated, by deed or otherwise, for tax assessment purposes, shall not be considered as separately owned but shall be considered as one lot.
SKIDDINGDragging trees on the ground from the stump to the landing by any means.
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
SOIL SURVEYThe most recent version of the USDA-NRCS's Soil Survey for Lancaster County, Pennsylvania.
SOLAR ENERGY SYSTEMAn alternative energy system consisting of one or more cells, panels, or arrays designed to collect and convert solar power into another form of energy (e.g., electricity or heat) and other structures, used in the conversion, storage, and distribution including electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
SOLID WASTEGarbage, 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 nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter
1, Part 261, dated July 1, 1984, or as amended.
SOLID WASTE OPERATIONSAn establishment operated by Lancaster County, primarily engaged in the collection, sorting, storage, transport and disposal of solid waste.
SPARK ARRESTERA device (located at the top of a chimney) to prevent sparks, embers or other ignited material above a given size from being expelled to the atmosphere.
SPECIAL EVENT SALESThe temporary and limited display and sales of products and goods outdoors or within an accessory building, as part of a permitted use.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX. (Equivalent definition of the MPC.)
STACKAny vertical structure enclosing a flue(s) that carries off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.
STANDAny area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
STOOPA roofed (covered) or unroofed (uncovered) open area, other than a porch, that is less than or equal to 30 square feet, constructed of concrete or masonry, providing direct access to and from a building.
STORAGEA function involving the deposition of materials, goods and/or products for safekeeping.
STOREFRONTThe wall that faces a front yard within a shopping center, as defined herein.
STORYThat portion of a building included between the surface of a floor and the upper surface of the floor or roof next above (also see "basement," "mezzanine" and Section 502.1). It is measured as the vertical distance from top to top of two successive tier of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or where there is not a ceiling, to the top of the roof rafters. (Equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
STREAMA watercourse, other than a lake or pond, having a source, terminus, banks, and channel through which waters flow at least periodically.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. (Equivalent definition of the MPC.) For purposes of this chapter, streets shall be classified as follows:
A. STREET, ARTERIALA street or road that is used primarily for fast or heavy traffic including all roads classified as main and secondary highways by the Department of Transportation. (See "arterial street; highway" equivalent definition of the SLDO.)
B. STREET, COLLECTORA street which carries traffic from minor streets to the major system or arterial streets, including the principal entrance or circulation streets of a residential development and all streets within industrial and/or commercial subdivisions or developments. (See "collector street" equivalent definition of the SLDO.)
C. STREET, LOCALA street which is used primarily for access to the abutting properties. (See "local street" definition of the SLDO.)
STREET CENTER LINEThe horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.
STREET RIGHT-OF-WAY LINEA line defining the edge of a street right-of-way and separating the street from an adjoining lot. See also "lot line, front."
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. (Equivalent definition of the MPC.)
STRUCTURE, ACCESSORYA structure customarily incidental and subordinate to and detached from the principal structure on the same lot, the use of which is customarily incidental to that of the principal structure on the lot. An accessory structure shall exclude any vehicle as defined by the Pennsylvania Motor Vehicle Code.
STRUCTURE, TEMPORARYA 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.
SWIMMING POOLAny structure intended for swimming, recreational bathing or wading that contains water over 24 inches [610 mm] deep. This includes in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place wading pools. (See "swimming pools" equivalent definition of the IBC as referenced in the PA UCC adopted by the Township of Rapho.)
TAVERN/BARAn establishment primarily licensed by the Pennsylvania Liquor Control Board, primarily engaged in preparing and serving alcoholic beverages for immediate on-premises consumption. Food preparation and service are included.
TELECOMMUNICATION FACILITIESThis definition is the same as the current Federal Standard 1037C definition.
A. A fixed, mobile, or transportable structure, including: (a) all installed electrical and electronic wiring, cabling, and equipment; and (b) all supporting structures, such as utility, ground network, and electrical supporting structures.
B. A network-provided service to users or the network operating administration.
C. A transmission pathway and associated equipment.
D. In a protocol applicable to a data unit, such as a block or frame, an additional item of information or a constraint encoded within the protocol to provide the required control.
E. A real property entity consisting of one or more of the following: a building, a structure, a utility system, pavement, and underlying land.
TELECOMMUNICATIONS ANTENNA AND/OR COMMUNICATION ANTENNATelecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services. [See "antenna" equivalent definition of the Pennsylvania Wireless Broadband Collocation Act (Act 191).] "Telecommunications antenna" includes, without limitation, directional antennas (such as microwave dishes) and omnidirectional antennas (such as canisters and whips), radio transceivers, coaxial or fiber optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration. For purposes of this chapter, this term shall not include private residence mounted satellite dishes, television antennas, or amateur radio equipment, including without limitation ham or citizen ban radio antennas.
TELECOMMUNICATIONS TOWERA structure other than a building, such as a (e.g., monopole, self-supporting or guyed tower) designed and used to support telecommunications antenna.
TESTINGA function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material.
TOWNSHIPRapho Township, Lancaster County, Pennsylvania, as represented by the Board of Supervisors of the Township of Rapho, or its duly authorized agents.
TOWNSHIP ENGINEERA qualified, professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania, designated the Board of Supervisors of the Township of Rapho to furnish professional and technical assistance for the administration of this chapter.
TOWNSHIP SOLICITORThe attorney licensed to practice in the Commonwealth of Pennsylvania, designated by the Board of Supervisors of the Township of Rapho to furnish professional legal assistance relating to this chapter.
TOWNSHIP ZONING OFFICERThe duly constituted municipal official designated by the Board of Supervisors of the Township of Rapho to administer and enforce this chapter in accordance with its literal terms.
TRAILER SALES, SERVICE AND STORAGE FACILITYAn establishment engaged in the retail sales, rental, servicing, repair, maintenance, storage and parking of truck and cargo trailers. For purposes of this chapter, this term excludes all other types "heavy-duty vehicles" as defined herein.
TRASH, GARBAGE and REFUSEA. Any material awaiting potential reuse or ultimate disposal, that, because of its age or condition, is of little value and usefulness. Some common examples include, but are not limited to:
(1) Inoperable machinery and appliances.
(2) Rusted, or bent, metals, tools and barrels.
(3) Used automobile tires and batteries.
(4) Empty beverage, food and other containers.
(5) Weathered, broken or used building materials.
(6) Spoiled or discarded food products.
(7) Used, torn or discarded garments, rags and other fabric products.
(8) Worn or broken furniture.
(9) Used or discarded newspaper, magazines and other paper products.
TRAVEL TRAILERA portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a "travel trailer";
A. The unit is of such size or weight as not to require a special highway movement permit from PennDOT when self-propelled, or when hauled by a light-/medium-duty vehicle on a highway.
B. The unit is mounted or designed to be mounted on wheels.
C. The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck.
D. The unit contains, or was designed to contain, temporary storage of water and sewage.
E. The unit contains some identification by the manufacturer as a "travel trailer."
TREE TOPThe upper portion of a felled tree that is not marketable because of small size, taper or defect.
TRIPA single or one-directional motorized and/or nonmotorized vehicle movement, as set forth in the most recent version of the Institute of Transportation Engineers (ITE) standards.
TRUCK STOP/TRAVEL PLAZAAn establishment primarily engaged in one of the following retail sale of:
A. Automotive fuels (e.g., diesel fuel, gasohol, gasoline, alternative fuels); or
B. Automotive fuels (e.g., diesel fuel, gasohol, gasoline, alternative fuels) in combination with activities, such as providing repair services; selling automotive oils, replacement parts, and accessories; and/or providing food services.
TRUCK/MOTOR FREIGHT TERMINALAn establishment primarily engaged in providing general freight trucking. General freight establishments handle a wide variety of commodities, generally palletized and transported in a container or van trailer. For purposes of this chapter, his term includes establishments operating as truckload (TL) or less than truckload (LTL) carriers.
UNIT OF OCCUPANCYAn allocation of space within a building or structure that is independent of other such space and that constitutes a separate use. This shall include both fee simple ownership and leaseholds.
URBAN GROWTH AREAFor purposes of this chapter, the "urban growth area" is as set forth in the most recent version of the Comprehensive Plan adopted by the Township of Rapho.
USEThe activity occurring on a lot, tract, parcel of land, or structure for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
USE, ACCESSORYAn incidental and subordinate use customarily accessory to and incidental to and located on the same lot occupied by the principal use or structure. If no principal use exists on a lot with an accessory use, then such accessory use shall only be considered a principal use.
USE, PRINCIPALThe main, primary, or predominant use of any lot, tract, parcel of land, or structure.
USE, TEMPORARYA use established for a fixed, specified time period with the intent to discontinue such use upon the expiration of the fixed, specified time period.
VARIANCERelief granted pursuant to the provisions of Articles
VI and
IX. (Equivalent definition of the MPC.)
VEHICLE AUCTIONAn establishment primarily engaged in the temporary storage, preparation, and display of vehicles, as part of a wholesale and/or retail sale operation on a recurring scheduled basis using a competitive bidding process.
VEHICLE FILLING STATIONAn establishment primarily engaged in the retail sales of vehicle fuels (e.g., diesel fuel, gasohol, gasoline).
VEHICLE PARKING LOT, HEAVY-DUTYAn establishment primarily engaged in providing parking spaces for privately owned heavy duty vehicles, on an hourly, daily, or overnight basis and/or valet parking services.
VEHICLE PARKING LOT, LIGHT-/MEDIUM-DUTYAn establishment primarily engaged in providing parking spaces for privately owned light/medium duty vehicles, on an hourly, daily, or overnight basis and/or valet parking services.
VEHICLE QUEUING LANEAn improved surface designed to accommodate a motor vehicle waiting for entry to any drive-in facility or other similar auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed.
VEHICLE RECONDITIONING, HEAVY-DUTYAn establishment primarily engaged in any or all of the following services performed on heavy-duty vehicles:
A. Washing, waxing, buffing, rubbing and/or application of paint sealants to vehicle's exterior;
B. Minor touch-up to vehicle's exterior paint and/or application of pin stripes and other similar decorative treatments;
C. Cleaning and shampooing of vehicle's interior compartment;
D. Replacement of minor decorative automobile parts and trim; and
E. Degreasing and cleaning of engine compartment.
VEHICLE RECONDITIONING, LIGHT-/MEDIUM-DUTYAn establishment primarily engaged in any or all of the following services are performed on light-/medium-duty vehicles:
A. Washing, waxing, buffing, rubbing and/or application of paint sealants to vehicle's exterior;
B. Minor touch-up to vehicle's exterior paint and/or application of pin stripes and other similar decorative treatments;
C. Cleaning and shampooing of vehicle's interior compartment;
D. Replacement of minor decorative automobile parts and trim; and
E. De-greasing and cleaning of engine compartment.
VEHICLE STORAGE LOT, HEAVY-DUTYAn establishment primarily engaged in providing for the storage of heavy-duty vehicles for periods exceeding a daily basis, awaiting transport to an off-site location.
VEHICLE STORAGE LOT, LIGHT/MEDIUM DUTYAn establishment primarily engaged in providing for the storage of light/medium duty vehicles for periods exceeding a daily basis, awaiting transport to an off-site location.
VEHICLE WASHINGAn establishment primarily engaged in cleaning, washing, and/or waxing automotive vehicles, such as passenger cars, trucks, and vans, and trailers.
VEHICLE, COMMERCIAL MOTORAny motor vehicle operated for the transportation of persons or property in furtherance of any business enterprise.
VEHICLE, DISABLED MOTORA motor vehicle that shall not be operable under its own power for any reason, or a vehicle that does not have a current, valid registration and inspection as applicable, more than 60 days beyond the expiration date.
VEHICLE, HEAVY DUTYA motor vehicle or combination of vehicles with a gross vehicle weight rating or gross combination weight rating of greater than 17,000 pounds, and other similar vehicles or pieces of machinery or equipment. For purposes of this chapter, this term includes boats, mobile/manufactured homes, recreational vehicles, heavy trucks and related truck-trailers, cargo and storage containers, cargo trailers, buses, yachts, farm equipment, mechanized amusement rides, industrial machinery, other similar large or heavy-duty vehicles, pieces of machinery, and equipment.
VEHICLE, LIGHT-/MEDIUM-DUTYA motor vehicle or combination of vehicles with a gross vehicle weight rating or gross combination weight rating of less than or equal to 17,000 pounds, and other similar vehicles or pieces of machinery or equipment. For purposes of this chapter, this term includes automobiles, motorcycles, light or medium trucks, other similar light- or medium-duty motor vehicles, pieces of machinery, and equipment.
VEHICLE, MOTORA motorized means of transportation of persons or property upon a public road.
VEHICLE, RECREATIONALFor purposes of this chapter, recreational vehicles shall also include campers, travel trailers, boats, and utility and cargo trailers used solely for the transport of the residents' personal property. Such recreation vehicles are divided into two separate categories, as follows:
A. CLASS I RECREATIONAL VEHICLEA recreational vehicle that possesses no more than 200 square feet, as measured to the vehicle's outermost edges, nor exceeds a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any fly bridge or other boat console.
B. CLASS II RECREATIONAL VEHICLEA recreational vehicle that possesses more than 200 square feet, as measured to the vehicle's outermost edges, and/or exceeds a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, antennas, masts, outrigging fishing poles, etc.), but will be measured to the highest point of any fly bridge or other boat console.
VILLAGE GROWTH AREAFor purposes of this chapter, the "village growth area" is as set forth in the most recent version of the Comprehensive Plan adopted by the Township of Rapho.
VILLAGE OVERLAY ZONE DEVELOPMENTA traditional mixed use development option in accordance with the design, review, and approval provisions of Article
IV of this chapter relating to Village Overlay (VO) Zone (§
350-404).
WATER SERVICE, PUBLICA system other than an individual water system, providing potable domestic water for use by two or more lots or establishments approved and permitted by PA DEP and/or PA PUC, and owned and/or operated by a municipal authority, the Township of Rapho, or other approved entity. For purposes of this chapter, this term includes the equivalent of "public water system" as defined in definition of the SLDO.
WATER SYSTEM, INDIVIDUALA system other than a public water system, providing potable domestic water from a private well, for use by not more than one lot or establishment.
WATERCOURSEA permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.
WATERSHEDAll the land which drains water into a particular watercourse.
WETLANDThose areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. (The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland area designated by a river basin commission. This definition is used by the United States Environmental Protection Agency and the United States Army Corps of Engineers.)
WHOLESALEAny distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.
WIND CHARGERA wind energy system direct-current generator used for charging storage batteries.
WIND ENERGY SYSTEMAn alternative energy system which includes a device such as a wind charger, wind turbine, or other electric generation facility designed to convert wind power into another form of energy, such as electricity or heat, and which consists of one or more wind turbines, including meteorological towers, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.
WIND TURBINEA 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.
WIND TURBINE TOWERThe vertical component of a wind energy system that elevates the wind turbine generator and attached blades above the ground.
WINDMILLA device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.
YARDAn unoccupied and unobstructed open space on a lot between permitted structures and/or structures and the adjoining lot line(s).
YARD SETBACKThe required horizontal distance between a structure and/or use and an adjoining lot line and/or street right-of-way line.
YARD SETBACK, FRONTThe required horizontal distance between a structure and/or use and an adjoining front lot line and/or street right-of-way line.
YARD SETBACK, REARThe required horizontal distance between a structure and/or use and an adjoining rear lot line.
YARD SETBACK, SIDEThe required horizontal distance between a structure and/or use and an adjoining side lot line.
YARD, FRONTAn unoccupied and unobstructed open space on a lot between the permitted principal structure and/or use and any adjoining street right-of-way line, except that where a portion of the site has a front lot line that is located away from the street right-of-way and runs generally parallel to the street, the front yard shall also include that area that is located between the principal structure and the front lot line that generally parallels the street. On corner lots, there shall be a front yard located between the principal structure and each of the adjoining streets. (I.e., Interior lots have one front yard. Corner lots have two or more front yards. Flag lots have one front yard.) (See Figure 2-2.10 and 2-2.11.)
YARD, REARThe unoccupied and unobstructed open space on a lot between the permitted principal structure and/or use and any adjoining rear lot line, or the lot line directly opposite the street of address. On flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard. (I.e., All lots have one rear yard.) (See Figure 2-2.10 and 2-2.11.)
YARD, SIDEThe unoccupied and unobstructed open space on a lot between the permitted principal structure and/or use and any adjoining side lot line(s). On corner lots, the one side yard shall be considered those areas between the principal structure and the lot lines directly opposite the non-address street(s). On flag lots, the side yards shall be the area between the principal structure and that one outermost lot line which forms the "flag" and "flagpole," plus the area on the opposite side of the principal structure. (I.e., Interior lots have two side yards. Corner lots have one side yard. Flag lots have two side yards.) (See Figure 2-2.10 and 2-2.11.)
 FIGURE 2-2.10 TYPICAL LOTS AND YARDS |
 FIGURE 2-2.11 IRREGULAR LOT AND YARDS |
ZONINGThe designation of specified zones, reserving them for certain uses together with limitations on lot area, heights of structures and other stipulated requirements.
ZONING PERMITA permit stating that the purpose for which a building, structure, sign, and/or land is to be used is in conformity with the applicable requirements of this chapter for the applicable zone in which it is, or will be, located.