As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USEA use subordinate to the principal use of land or of a building on a lot and customarily incidental thereto.
ACRE, GROSSThe entire area of a tract exclusive of existing public rights-of-way whether interior or exterior but including interior parking areas and access lanes, sidewalks, parks, playgrounds, and common open space.
ACRE, NETThe actual area proposed for residential development exclusive of existing and proposed rights-of-way, common open space, streets, sidewalks, parks, playgrounds, and other nonresidential uses.
ACTThe Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended, 53 P.S. § 10101, et seq.
ACTIVE AREA OF MININGLand (and water) subject to open pit mining operations, related aggregate processing, and other mining activities on an on-going basis, including but not necessarily limited to all areas of excavation, spoil, overburden or top soil deposition, and related aggregate processing, offices, maintenance garages, and other mining operation structures and facilities, employee parking areas, scales, laydown areas, staging areas, haul roads, access roads, and sedimentation ponds. Land lying in wait of planned mining activities is considered part of the active area of mining except when such operation is approved subject to a phasing schedule, and such land lies within an area subject to a later phase.
ADAThe Americans With Disabilities Act and all federal regulations promulgated pursuant thereto.
ADJACENT AREALand or water within 1,000 linear feet of an area subject to an open pit mine conditional use application or conditional use approval.
ADULT BOOKSTOREAn establishment having as a substantial and significant portion of its stock in trade (i) books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and/or (ii) sexually oriented devices, or an establishment with a segment or section devoted to the sale or display of such publications or devices.
ADULT ESTABLISHMENTAn adult bookstore, adult mini motion picture theater, adult motion picture theater or massage establishment.
ADULT MINI MOTION PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT THEATERAn establishment featuring live performances on a regular basis which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
AGRICULTUREThe cultivation of the soil and the raising and harvesting of the products of the soil including, but not by way of limitation, raising of grains, vegetables and fruits; nurserying; horticulture; forestry; beekeeping; and animal husbandry of common domestic animals and birds such as cows, sheep, hogs, goats, rabbits, chickens, ducks, turkeys, pigeons and of other animals and birds including llamas, alpacas, emus, rheas, and similar nonpredatory animals and birds.
ALTERATIONAny change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters, or enclosure walls.
ANAEROBIC DIGESTIONThe process in which microorganisms in the absence of oxygen convert the energy stored in volatile acids in livestock and poultry manure or other organic materials into biogas.
[Added 8-3-2010 by Ord. No. 4-10]
ANSIThe American National Standards Institute.
[Added 8-3-2010 by Ord. No. 4-10]
APPURTENANCESThe visible, functional, or ornamental objects accessory to and part of buildings.
[Added 8-3-2010 by Ord. No. 4-10]
ARIThe Air-Conditioning and Refrigeration Institute.
[Added 8-3-2010 by Ord. No. 4-10]
ASTMThe American Society for Testing and Materials (ASTM).
[Added 8-3-2010 by Ord. No. 4-10]
BASEMENTAn enclosed area partly or completely below grade. It shall be considered a building story if more than 33 1/3% of the perimeter walls extend five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area.
BED-AND-BREAKFASTAn establishment which is accessory to an owner-occupied single-family detached dwelling, which establishment consists of bedrooms rented to overnight guests on a daily basis not exceeding one week where breakfast is the only meal offered and where such meal is offered only to registered guests.
BIOGASA fuel consisting of methane, carbon dioxide, and small amounts of water and other compounds produced as part of anaerobic digestion processes.
[Added 8-3-2010 by Ord. No. 4-10]
BLOCKAn area of land bounded by streets.
BOARDThe Board of Supervisors of West Hempfield Township, except where otherwise specified as the Zoning Hearing Board.
BUILDINGAny structure with a roof intended for shelter or enclosure of persons, animals or property.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
BUILDING CODEThe Township Uniform Construction Code Ordinance, codified as Chapter
51 of the Code of Ordinances, as amended.
[Added 8-3-2010 by Ord. No. 4-10]
BUILDING HEIGHTA building's vertical measurement from the mean level of the ground abutting the building at its corners to the highest point of the roof.
BUILDING LINEThe actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
BUSINESS CAMPUSA single, integrated development consisting of industrial uses with accessory commercial uses and having integrated traffic circulation, parking, stormwater management, landscaping and other facilities.
BUSINESS CAMPUS SITEOne or more lots of record proposed to be developed with a single business campus. The lot or lots comprising a business campus site may be held by more than one landowner, but all such lot or lots site shall be included in a single preliminary and/or land development plan to be considered a business campus site and to be eligible for development under the Business Campus Overlay District regulations.
CAMPGROUNDA lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents. Permanent residency is prohibited.
CAMPSITESA plot of ground within a campground intended for occupation by a recreational vehicle or tent.
CARTWAYThe surface of a street or alley available for vehicular traffic.
CEMETERYLand used or intended to be used for the burial of the deceased, including columbariums, crematory, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries.
CERTIFICATE OF USE AND OCCUPANCYA certificate issued and enforced by the Zoning Officer upon completion of the construction of a new building or upon a change or conversion of the structure or use of a building, which certifies that all requirements and regulations as provided herein, and within all other applicable requirements, have been complied with.
CHURCHA building used for public worship and education by a congregation, excluding buildings used exclusively for residential, burial, recreational, or other uses not normally associated with worship.
CLEAN WOODNatural wood that has been seasoned to reduce its water content and provide more efficient combustion. The term "clean wood" does not include wood:
[Added 8-3-2010 by Ord. No. 4-10]
a. Coated with paint, stain, oil, resin or any other preservative, fire retardant or decorative materials;
b. Impregnated with preservatives or fire retardants;
c. Exposed to salt water; nor
d. Manufactured with the use of adhesives, polymers or resins, such as strand, particle and veneer lumber and recycled lumber.
CLUB and/or LODGEA building utilized as a private club offering restaurant and/or bar privileges.
CLUB, PRIVATEAn incorporated membership club or unincorporated association catering exclusively to members and their guests, not conducted primarily as a business enterprise.
COMMUNICATION TOWERA reception and transmission tower intended for transmitting or receiving radio, television, telephone or digital communications.
COMMUNITY UTILITYFor purposes of this ordinance the term "community utility" shall refer to a building, structure or use or extension thereof which is operated, owned or maintained by a public utility corporation, municipality or municipal authority or which is privately owned and approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.
CONDITIONAL USEA use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this ordinance are present. Conditional uses are allowed or denied by the Board of Supervisors after recommendations by the Planning Commission.
CONFERENCE AND RESORT CENTERA facility which provides a range of lodging facilities, meeting rooms, restaurant facilities, and recreational facilities including but not limited to swimming pools, golf courses, health club facilities, and similar amenities for overnight guests or persons who attend meetings during the business day.
CONSERVATION DISTRICTThe Lancaster County Conservation District or any agency successor thereto.
[Added 3-1-2016 by Ord. No. 1-16]
CONTRACTOR'S OFFICE OR SHOPOffices and shops for tradesmen, such as building, cement, electrical, plumbing, masonry, painting, roofing, landscapers, excavators and any similar professional or licensed contractor.
COUNTRY CLUBPremises or buildings for social, recreational and administrative purposes by an organization catering exclusively to members and their guests. A country club shall not include restaurants, golf courses, or other facilities open to the general public.
DCEDThe Pennsylvania Department of Community and Economic Development or any agency successor thereto.
[Added 3-1-2016 by Ord. No. 1-16]
DENSITYA term used to express the allowable number of dwelling units per acre of land.
DEPThe Department of Environmental Protection of the Commonwealth of Pennsylvania, formerly known as the Department of Environmental Resources, or any agency successor thereto.
DEVELOPMENTAL DISABILITYA disability of a person which has continued or can be expected to continue indefinitely, which disability is attributable to mental retardation, cerebral palsy, epilepsy or autism; is found to be attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or is attributable to dyslexia resulting from such disability.
DWELLINGA building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "multiple dwelling," "two-family dwelling," or "dwelling group" shall not be deemed to include a motel, rooming house, tourist home or hotel.
DWELLING UNITA room or rooms within a building connected together, constituting a separate, independent housekeeping establishment for one family only, for owner occupancy or for rental, lease, or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent bathroom, cooking and sleeping facilities. Dwelling types:
a. GARDEN APARTMENTA multifamily dwelling of up to three stories in height designed for rental or condominium ownership of the housekeeping unit.
b. MULTIPLE-FAMILY DWELLINGThree or more dwellings each accommodating one family with one or more families living wholly or partly over another or other units.
c. QUADRAPLEXA building containing four dwellings, each sharing two common party walls and forming the corner of a square.
d. RESIDENTIAL CONVERSION UNITA building which has been altered to accommodate one or more dwelling units provided that such alteration is confined to the interior of an already existing structural shell and that such alteration may not include an extension of the sides or an increase in the height of an existing structure.
e. SINGLE-FAMILY ATTACHED (TOWNHOUSE)Three or more dwelling units each accommodating one family which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit.
g. SINGLE-FAMILY SEMIDETACHEDTwo dwelling units each accommodating one family which are attached side by side through the use of a party wall and each dwelling unit having one side yard.
h. TWO-FAMILY DETACHEDTwo dwelling units each accommodating one family which are located one over the other, having two side yards.
EATING ESTABLISHMENTAny form of restaurant and/or tavern open to the public and dispensing food and drink.
ECHO HOUSINGAn additional dwelling unit created by the addition to or conversion of an existing principal dwelling or by the placement of a mobile home on a property containing an existing dwelling, for occupancy by persons related by blood, marriage, or adoption to the occupants of the principal dwelling, also called an elder cottage.
EPAThe United States Environmental Protection Agency or any agency successor thereto.
[Added 8-3-2010 by Ord. No. 4-10]
EXERCISE AND HEALTH CLUBA commercial business that offers active recreation and fitness activities and equipment for use of club members and their guests.
FAAThe United States Federal Aviation Administration or any agency successor thereto.
[Added 8-3-2010 by Ord. No. 4-10]
FAMILYA single individual or two or more persons related by blood, marriage or adoption (including persons receiving foster care) within the degree of first cousins, or a group of not more than three persons who are unrelated, or any number of unrelated persons who reside within a licensed group home, as defined herein. It is the express intention of this definition to comply with the provisions of the Fair Housing Amendments Act of 1988, P.L. 100-430.
FAMILY DAY-CARE HOMEAny premises other than a child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children who are not relatives of the caregiver.
FARM BUILDINGAny building used for storing agricultural equipment or farm produce, or housing livestock or poultry. The term "farm building" shall not include dwellings.
FEMAThe Federal Emergency Management Agency or any agency successor thereto.
[Added 3-1-2016 by Ord. No. 1-16]
FLOOR AREA, GROSSThe sum of the floor areas of a building as measured to the outside surfaces of exterior walls intended and designed for the conduct of a business or use.
FLOOR AREA, HABITABLEThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars, basements, attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.
GARAGE, PRIVATEAn accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary residential use of the premises; provided, however, that one commercial vehicle of not more than one-ton capacity may be stored therein where the use of such vehicle is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor more than one vehicle parking space be leased to a nonoccupant of the premises. Where a garage is attached, integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors and provided adequate off-street parking is still available on the same lot as the dwelling unit.
GARAGE, PUBLICA building where motor vehicles are repaired, rebuilt, reconstructed, painted or stored, for compensation.
GEOTHERMAL TERMS[Added 8-3-2010 by Ord. No. 4-10]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; an air distribution system. An opening is made in the Earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchanger and back. The system functions in the same manner as the open loop system except there is no pumping of groundwater. A horizontal closed loop system shall be no more than 20 feet deep.
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 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 "re-injection." Alternatively, the groundwater could be discharged to a surface water body, also known as a "pump and dump." In the heating mode, cooler water is returned to the Earth, and in the cooling mode, warmer water is returned to the surface water body or well.
GOLF COURSEA tract designed and improved for the playing of golf, with a minimum of 2,800 yards of play in nine holes, not including any driving ranges, "chip-n'putt," or miniature golf courses. A golf course may include accessory uses such as a club house and golf equipment shop provided that these uses are clearly incidental and subordinate to the use of the property as a golf course and are not directed primarily toward the general public.
GREENHOUSEA building constructed chiefly of glass, in which the temperature is maintained within a desired range for the purpose of growing plants.
GROUP HOMEA dwelling operated by a reasonably responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the care of developmentally disabled persons. "Group homes" shall be licensed where required by an appropriate governmental agency, and a copy of such license must be delivered to the Township prior to the beginning of such use. Group homes shall be subject to the same limitations and regulations by the Township as a single-family dwelling. It is the express intent of this definition to comply with the requirements of the Fair Housing Amendments Act of 1988, P.L. 100-430.
GROUP QUARTERSAny building used as living quarters for four or more unrelated persons other than a group home as defined herein.
HAUL ROADSRoads that are planned, designed, located, constructed, utilized and maintained for the life of the open pit mining activities for the transportation of equipment, fuel, personnel, non-coal and other operating resources from a public highway or common use road to points within the open pit mine or between principal operations on the mine site, or both. This term does not include roads within the pit.
HIGHWALLThe face of exposed overburden and mineral in an open cut of an open pit mining operation.
HISTORIC RESOURCEAny structure, site or location designated as historic in the 2002 Comprehensive Plan Update adopted by the Township.
HOME OCCUPATIONA business or commercial activity other than a no-impact home-based business that is conducted as an accessory use to a single-family detached dwelling.
HORSE BOARDING FACILITIESAny commercial operation or other operation (not customarily associated with a farm) involving the boarding, breeding or grooming of one or more horses.
HOSPITALA place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care.
HOTELAn establishment which is open to transient guests and in which lodging with or without meals is offered for compensation and in which there are sleeping accommodations for more than 10 individuals.
IGSHPAThe International Ground Source Heat Pump Association.
[Added 8-3-2010 by Ord. No. 4-10]
INDIVIDUAL SEWAGE SYSTEMA system of piping, tanks, or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of the commonwealth or by means of conveyance to another site for final disposal and which is approved by the Pennsylvania Department of Environmental Resources.
INSTITUTIONA building and grounds, a portion of which is used for the residence of more than four unrelated persons who occupy the buildings for a common purpose; to include hospitals, rehabilitation facilities, convents, school dormitories, college campuses, nursing homes, the educational, administrative and recreational facilities of such organizations as the YMCA, YWCA, Boy Scouts, and Girl Scouts.
INVASIVE VEGETATIONNon-native, non-indigenous alien trees, shrubs, vines or herbaceous species that have a tendency to spread and overcome or kill native or indigenous vegetation. Species include, but are not limited to, Multiflora rose (Rosa Multiflora), Autumn olive (Eleagnus umbellata), Japanese honeysuckle (Locicera japonica), Oriental bittersweet (Celastrus orbiculatus), Norway maple (Acer platanoides), and Mile-a-minute weed (Polygonum perforliatum).
JUNKYARDAn area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including, but not limited to, waste paper, rags, metal, building material, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a "junkyard."
KENNELAny commercial operation (not customarily associated with a farm) involving the boarding, breeding, grooming or sales of dogs, cats, or other animals.
LANDSCAPE AREAThe area of a lot that is maintained in a pervious surface condition containing plant, trees, and vegetative ground cover.
LANDSCAPE SCREENA completely planted visual barrier composed of evergreen plants and trees arranged to form both a low-level and a high-level screen.
LARGE MANURE DIGESTERA manure digester principally used to convert biogas into electricity, heat, and water. Large manure digesters accept livestock and poultry manure (primary catalyst), generated off-site or from more than one farm. Large manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts).
[Added 8-3-2010 by Ord. No. 4-10]
LARGE SOLAR ENERGY PRODUCTION FACILITYAn area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy. Large solar energy production facilities consist of one or more freestanding ground- or roof-mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A facility is considered a large solar energy production facility if it supplies electrical or thermal power solely for off-site use.
[Added 8-3-2010 by Ord. No. 4-10]
LARGE WIND ENERGY PRODUCTION FACILITYAn area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. Large wind energy production facilities consist of one or more wind turbines, tower, and associated control or conversion electronics and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities. A facility is considered a large wind energy production facility if it supplies electrical power solely for off-site use.
[Added 8-3-2010 by Ord. No. 4-10]
LOTA piece, parcel or plot of land occupied or to be occupied by one or more principal buildings and accessory buildings, including the open spaces required under this ordinance, or to be used for agriculture or held as open space. A "lot" includes one or more adjacent pieces, parcels or plots of land of record held in single and separate ownership, including adjacent pieces, parcels or plots bisected by public or private streets. The area and depth of a lot shall be measured to the legal right-of-way line of the street.
LOT AREAThe area of land included within the title lines of a lot except that area within the title lines set aside as right-of-way for a street.
LOT COVERAGEThe area of land within a lot occupied by buildings and structures.
MANUFACTUREA function involving either the processing or production of materials, goods, or products.
MANURE DIGESTERA facility which main purpose is to use anaerobic digestion processes to convert livestock and poultry manure (primary catalyst) into biogas, which is generally burned on-site to produce electricity, heat, and water; as well as to manage livestock and poultry manure. Manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts). Types of manure digesters include covered anaerobic lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with other appurtenant sites, structures and buildings, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
[Added 8-3-2010 by Ord. No. 4-10]
MASSAGEThe manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping by hand or mechanical device, or other means.
MASSAGE ESTABLISHMENTAn establishment which provides the service of massage, unless operated by a medical practitioner, chiropractor or other professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
MINE RECLAMATIONActions covered under a Township-approved reclamation plan taken to reclaim or restore the area affected by open pit mining activities.
MINIWAREHOUSEA building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. The storage units within a miniwarehouse shall be used solely for dead storage and no nonstorage uses shall be permitted. Outdoor storage of motor vehicles, recreational vehicles, boats and similar items may also be permitted as a part of a miniwarehouse.
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.
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.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designed and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTELA hotel primarily for transients traveling by motor vehicles with a parking space for each lodging unit and with access to each unit directly from the outside.
MOTOR VEHICLE, INOPERABLEA vehicle intended to be self-propelled that shall not be operable under its own power for any reason or a vehicle without a valid current registration plate or valid current certificate of inspection.
MPCThe Pennsylvania Municipalities Planning Code ("MPC"), Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, 53 P.S. § 10101 et seq., and as subsequently amended.
MUNICIPAL USEAny use by West Hempfield Township or a municipal authority created singly by West Hempfield Township for the public health, safety, and welfare, which shall include administration, police, fire, recreation, and public work uses.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pick-up, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy all of the following requirements:
1. | The business activity shall be compatible with the residential use of the property and surrounding residences. |
2. | The business shall employ no employees other than family members residing in the dwelling. |
3. | There shall be no display or sale of retail goods or stockpiling or inventory of substantial nature. |
4. | There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights. |
5. | The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood. |
6. | The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood. |
7. | The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area. |
8. | The business may not involve any illegal activities. |
NONCONFORMING LOTA lot held in single and separate ownership which does not conform to one or more of the applicable area regulations in the district in which it is located.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this Zoning Ordinance or amendment heretofore or hereinafter enacted, where such structure lawfully existed prior to the enactment of this ordinance or amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this Zoning Ordinance or amendment heretofore or hereinafter enacted, where such use was lawfully in existence prior to the enactment of this ordinance or amendment.
NURSING HOME FACILITYA health facility where persons are housed and furnished with meals and continuing nursing care for compensation.
OFFICEA place where the primary use is conducting the activities of a business, profession, service, or government including administration, recordkeeping, clerical work and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods, or products; or the sale or delivery of any materials, goods or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.
OFFICE COMPLEXA group of offices in which the building or buildings exceed 8,000 square feet of usable floor area and which are planned and designed as an integrated unit with controlled ingress and egress and off-street parking provided on the property as an integral part of the unit.
ON-SITE WATER SERVICEOn-site water service is a safe, adequate and healthful supply of water to a single user from a private well as approved by the proper regulating agency.
OPEN PIT MININGOpen pit mining shall include all activity which removes from the surface or beneath the surface of the land some materials, mineral, resource, natural resource, or other element of economic value, by means of mechanical excavation necessary to separate the desired material from an undesirable one; or to remove the strata or material which overlies or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore. Quarries, surface mining, and borrow or strip mining are considered forms of open pit mining for the purpose of this ordinance.
OUTDOOR HYDRONIC HEATERA fuel-burning device, also known as an "outdoor wood-fired boiler," "outdoor wood-fired furnace," and "outdoor wood-burning appliance," designed:
[Added 8-3-2010 by Ord. No. 4-10]
a. To burn clean wood or other fuels specifically tested and listed for use by the manufacturer;
b. By the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and
c. To heat building space and/or water via distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
OVERBURDENThe strata or material overlying a noncoal deposit or in between noncoal deposits in its natural state and material before or after its removal by open pit mining.
PARENT TRACTWhen used in determining the permissible number of lots which may be subdivided or dwelling units or other principal nonagricultural uses which may be erected in the Rural Agricultural district (formerly known as the Rural District), all contiguous land held in single and separate ownership, regardless of whether:
1. | Such land is divided into one or more lots, parcels, purparts or tracts; |
2. | Such land was acquired by the landowner at different times or by different deeds, devise, partition or otherwise; or |
3. | Such land is bisected by public or private streets or rights-of-way, which were held by the landowner or his predecessor in title on March 14, 1978, or, if such land was not classified as Rural District on March 14, 1978, which was held by the landowner or his predecessor in title on the date such land was first classified as Rural District or Rural Agricultural District after March 14, 1978. |
PAVED AREAWhen required under this ordinance, that amount of land required for the location of adequate parking space, driveways, or other access roads. In the computation of such, the actual building area shall be excluded.
PENNDOTThe Department of Transportation of the Commonwealth of Pennsylvania.
PERSONIncludes an individual, corporation, partnership, incorporator's association, or any other similar entity.
PERSONAL SERVICE ESTABLISHMENTA building or portion of a building in which the services of a person practicing a specific profession or services which are offered to the general public. Examples of such uses include agents, barbers, beauticians, cleaners, doctors, lawyers, optometrists, photographers, tailors, and undertakers.
PHASE 2 OUTDOOR HYDRONIC HEATERAn outdoor hydronic heater that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units (BTU) output and is labeled accordingly, with a white "hang" tag.
[Added 8-3-2010 by Ord. No. 4-10]
PLANNED SHOPPING CENTERThe multiple use of a single property for a group of stores planned and designed as an integrated unit with controlled ingress and egress and off-street parking provided on the property as an integral part of the unit.
PRIVATE STREETA legally established right-of-way other than a public street which provides the primary vehicular access to a lot.
PROFESSIONAL ENGINEERA licensed professional engineer registered by the Commonwealth of Pennsylvania.
[Added 8-3-2010 by Ord. No. 4-10]
PROFESSIONAL OFFICEA building or portion of a building in which services are offered by a person practicing a profession for which a license with a governmental agency is required.
PUBLIC SEWERA system providing sanitary sewage collection and/or disposal for two or more lots (or a multifamily land development such as an apartment house or a mobile home park or where two or more dwelling units exist on one lot) which is owned and operated by a municipality or a municipal authority. Under special circumstances, a public sewer system may be owned and operated by a person or entity other than a municipality or a municipal authority, if such system is authorized by the Board of Supervisors of the Township and conforms strictly with all applicable laws and regulations and all reasonable conditions imposed by the supervisors.
PUBLIC WATERA system providing potable water to two or more lots (or a multifamily land development such as an apartment house or a mobile home park or where two or more dwelling units exist on one lot) which is owned and operated by a municipality or a municipal authority. Under special circumstances, a public water system may be owned and operated by a person or entity other than a municipality or municipal authority if such system is authorized by the Board of Supervisors of the Township and conforms strictly with all applicable laws and regulations and all reasonable conditions imposed by the supervisors.
RECREATION FACILITYFacilities which may be used for leisure time activities, which activities may be either active or passive. The term recreation facility shall not include any adult use. When allowed as a principal use, the term recreation facility shall not include any other principal use, including but not limited to exercise and health club or golf course, which is specifically defined in this section. An indoor recreation facility may include an amusement arcade and/or pinball machines, video games, coin-operated games, video gaming terminals, and/or similar games, machines and terminals whether of skill or of chance.
[Amended 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
RELATED AGGREGATE PROCESSINGUtilization of extracted resources for the production of various grades or types of stone, or the production of mixed concrete, or concrete components, often consisting of mechanical rock crushers, sorters, conveyors, storage and dispensing facilities, storage tanks, and other necessary materials.
ROAD CLASSIFICATIONA designation given a road in accordance with its function as a carrier of traffic and from which specific setback distances are provided in this ordinance apply. Road classifications are set forth in §
709 of this ordinance. For the purpose of this ordinance, the following three classifications shall apply:
a. ARTERIALA road whose function is to provide for high volumes of traffic between communities.
b. COLLECTORA road whose function is to provide for the movement of traffic to community facilities and carry larger volumes of traffic to the arterial road system.
c. LOCALA road whose function is to provide for local traffic movement and direct access to abutting properties.
SEDIMENTATION PONDA primary sediment control structure, including, but not limited to, a barrier, dam or excavated depression which details water runoff to allow sediment to settle out.
SETBACK LINEA line established by this ordinance with respect to road classifications which is parallel to the street line bounding an area within which no structure, portion thereof, or appurtenance thereto shall be located.
SEXUALLY ORIENTED DEVICESWithout limitation, any artificial or simulated specified anatomical area or other device or paraphernalia that is designed in whole or in part for specified sexual activities.
SIGNA device for visual communication that is used to bring the subject to the attention of the public. Signs do include lettering, logos, trademarks, or other symbols which are an integral part of the architectural design of a building, which are applied to a building, or which are located elsewhere on the premises; signs affixed to windows or glass doors or otherwise internally mounted such that they are obviously intended to be seen and understood by vehicular or pedestrian traffic outside the building; flags and insignia of civic, charitable, religious, fraternal, patriotic, or similar organizations; insignia of governments or government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel, and similar materials; and inflatable objects. Signs do not include architectural features which may be identified with a particular business; signs within a building which are obviously intended to be seen primarily from within the building; flags of governments, government agencies; and display of merchandise either behind store windows or outdoors. Further definitions of types of signs are set forth in §
708 herein.
SILVER SPRING VILLAGE MASTER PLANThe plan entitled "Village Master Plan, Silver Spring Village, West Hempfield Township," which may be adopted and amended from time to time by the Board of Supervisors and which graphically and generally displays the desired transportation, land use, street scape, environmental protection, park and recreation, and other amenities for the Village of Silver Spring within the Township, which shall be maintained at the Township Offices.
SMALL MANURE DIGESTERA manure digester used to convert biogas into electricity, heat, and water and is intended to primarily reduce on-site consumption of utility power. A system is considered a small manure digester only if it supplies electrical or thermal power for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. Small manure digesters use livestock and poultry manure generated on-site from one farm, and are designed and intended solely to generate power to off-set utility costs. Small manure digesters may include "co-digestion" in which the livestock and poultry manure (primary catalyst) may be mixed with other organic materials (secondary catalysts).
[Added 8-3-2010 by Ord. No. 4-10]
SMALL SOLAR ENERGY SYSTEMA solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices and solar related equipment, and is intended to primarily reduce on-site consumption of utility power. A system is considered a small solar energy system only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
[Added 8-3-2010 by Ord. No. 4-10]
SMALL WIND ENERGY SYSTEMA wind energy conversion system consisting of a wind turbine, tower, and associated control or conversion electronics, and is intended to primarily reduce on-site consumption of utility power. A system is considered a small wind energy system only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
[Added 8-3-2010 by Ord. No. 4-10]
SOLAR COLLECTION SYSTEMA solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.
[Added 8-3-2010 by Ord. No. 4-10]
SOLAR RELATED EQUIPMENTItems including a solar photovoltaic cell, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations used for or intended to be used for collection of solar energy.
[Added 8-3-2010 by Ord. No. 4-10]
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons which ownership is separate and distinct from that of any adjoining property.
SPECIAL EXCEPTIONA use permitted in a particular district by the Zoning Hearing Board, to occupy or use land and/or a building or structure for a specific purpose in accordance with this ordinance, when such use is not permitted by right.
SPECIFIED ANATOMICAL AREASa. Less than completely and opaquely covered:
(i) Human genitals, pubic region,
(iii) Female breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESa. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
SPOILOverburden and reject material that has been removed during open pit mining operations.
SPOIL PILEThe overburden and reject materials as piled or deposited during open pit mining operations.
STABLEa. PRIVATEAn accessory building in which horses are kept for private use and not for hire, remuneration or sale.
b. PUBLICA building in which any horses are kept for remuneration, hire or sale.
STACKAny vertical structure enclosing a flue(s) that carry off smoke or exhaust from a furnace or other fuel-burning device, especially that part of a structure extending above a roof.
[Added 8-3-2010 by Ord. No. 4-10]
STORYThat portion of a building located between the surface of any floor and the ceiling or roof next above it.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET CENTERLINEThe center of the surveyed street right-of-way, or, where not surveyed, the center of the traveled cartway.
STREET LINEA street line is the right-of-way line of a public street or the cartway line of a private street.
STRUCTUREAny man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE, ACCESSORYA structure associated with an accessory use to a principal use on the same lot, e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.
SWIMMING POOLa. PRIVATEAny reasonable permanent pool or open tank, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.
b. PUBLICA public bathing place shall mean any open or enclosed place, open to the public for amateur and professional swimming or recreative bathing, whether or not a fee is charged for admission or for the use thereof.
TURBINE HEIGHTThe distance measured from the highest point of the wind turbine rotor plane to the ground level.
[Added 8-3-2010 by Ord. No. 4-10]
UGBThe Urban Growth Boundary adopted by the Board of Supervisors as part of the Township Comprehensive Plan and as amended from time to time.
UTILITY SHEDA small building designed primarily for the storage of yard and garden equipment, bicycles, and miscellaneous household items incidental to a dwelling and of the type customarily made of prefabricated materials, purchased, assembled and erected by the property owner.
VARIANCEA waiver, granted by the Zoning Hearing Board, from the terms and conditions of this ordinance where literal enforcement would create unnecessary hardship and when granting of the waiver would not be contrary to the public interest.
VEHICULAR SALES BUILDINGA building used for the sale of, hire of, or remuneration from automotive equipment. This shall be interpreted to include auto accessory sales rooms but not the sale of junked automotive equipment.
VEHICULAR SERVICE STATIONA building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for rendering services, such as lubrication, washing and minor repairs.
VIDEO GAMING TERMINALA mechanical or electrical contrivance, terminal, machine or other device approved by the Pennsylvania Gaming Control Board that, upon insertion of cash or cash equivalents, is available to play or operate one or more gambling games, the play of which utilizes a random number generator and may award a winning player either a free game or credit that shall only be redeemable for cash or cash equivalents at a redemption terminal; and/or may utilize video displays; and/or may use an electronic credit system for receiving wagers and making payouts that are only redeemable at a redemption terminal. The term does not include a slot machine operated at a facility licensed by the Commonwealth, a coin-operated amusement game, or a device regulated as a "lottery" as defined under the act of August 26, 1971 (P.L. 351, No. 91), known as the State Lottery Law.
[Added 3-5-2019; reenacted 4-2-2019 by Ord. No. 2-19 and 4-7-2020 by Ord. No. 3-20]
WETLANDSThose 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 ServiceWetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan, and any area designated as a wetland by the United States Army Corps of Engineers or a river basin commission.
WIND CHARGERA wind-driven direct-current generator used for charging storage batteries.
[Added 8-3-2010 by Ord. No. 4-10]
WIND ENERGY CONVERSION SYSTEM (WECS)A device such as a wind charger, wind turbine or windmill and/or other electric generation facility whose main purpose is to convert wind power into another form of energy such as electricity or heat, consisting of one or more wind turbine and other structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
[Added 8-3-2010 by Ord. No. 4-10]
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.
[Added 8-3-2010 by Ord. No. 4-10]
WIND TURBINE TOWERThe vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.
[Added 8-3-2010 by Ord. No. 4-10]
WINDMILLA device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.
[Added 8-3-2010 by Ord. No. 4-10]
YARDThe unobstructed open space around a building or structure on the same lot.
a. YARD, FRONTAn open unoccupied space on the same lot with a building or structure, extending the full width of the building or structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building or structure and the street right-of-way line; the required setback line from a street right-of-way or street centerline.
b. YARD, REARAn open unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building or structure projected to the side lines of the lot. The depth of the yard shall be measured between the rear line of the lot and the rear line of the building or structure. A building or structure shall not extend into the required rear yard.
c. YARD, SIDEAn open unoccupied space on the same lot with the building or structure situated between the building or structure and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or front line shall be deemed a side line. A building or structure shall not extend into the required side yards.
ZONINGThe designation of specified districts within a community or township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.
ZONING OFFICERThe duly constituted municipal official designated to administer and enforce this ordinance in accordance with its literal terms.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this ordinance for the zone in which it is located or is to be located.