When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:
ABUT or ABUTTINGAreas of contiguous lots that share a common lot line, except not including lots entirely separated by a street, public alley open to traffic, or a perennial waterway. See definition of "adjacent."
ACCESS DRIVEAn improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit, a duplex or twin dwelling, or farm.
ACCESSORY STRUCTURE (INCLUDES ACCESSORY BUILDING)A structure serving a purpose customarily incidental to and subordinate to the use of the principal use and located on the same lot as the principal use. An accessory building is any accessory structure that meets the definition of a building. A portion of a principal building used for an accessory use shall not be considered an accessory building.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use.
ADAThe federal Americans with Disabilities Act, as amended, and all regulations adopted to implement such statute.
ADAPTIVE REUSEThe rehabilitation and conversion of existing structures for the purpose of a new or expanded use.
ADJACENTTwo or more lots that share a common lot line or that are separated only by a street or waterway from each other.
ADULT BOOKSTOREA use that has over 10% of the total floor area occupied by items for sale or rent that are books, films, magazines, videotapes, coin- or token-operated films or videotapes, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or specified sexual activities. This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law. If such items are within a separate room, then the 10% standard shall apply to the floor area of such room.
ADULT LIVE ENTERTAINMENT FACILITYA use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual specified sexual activities to three or more persons and which is related to monetary compensation paid to the person or entity operating the use or to persons involved in such activity.
ADULT MOVIE THEATERA use involving the on-site presentation to three or more persons at one time of moving images distinguished by an emphasis on depiction of specified sexual activities and that is related to monetary compensation paid by the persons viewing such matter.
ADULT USEAdult bookstore, adult movie theater, adult live entertainment facility/use or massage parlor. These terms shall be distinct types of uses and shall not be allowed as part of any other use.
AFTER-HOURS CLUBA use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.
AGRICULTURAL BUILDINGA structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals, a milk house and a structure used to grow mushrooms, agricultural or horticultural products. The term includes a carriage house owned and used by members of a recognized religious sect for the purposes of housing horses and storing buggies. The term includes a structure that is less than 1,000 square feet in size which is utilized to process maple sap. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.
AGRICULTUREThe cultivation of the soil and the raising and harvesting of the products of the land, including nursery, horticulture, silviculture, aquiculture, mushroom culture and animal husbandry.
AGRITAINMENTProviding the public with fun on-farm or on-ranch activities. Such activities include haunted houses, mazes, miniature golf, horseback riding, hayrides and similar.
AGRIVOLTAICSThe use of land for both agriculture and solar photovoltaic energy generation.
AIRPORTA principal use where one or more airplanes may land/take off and be stored. Such use may also include support services such as fueling and maintenance equipment, passenger terminals and storage hangers.
ALLEYA minor right-of-way on which no property fronts, which provides the secondary means of access for two or more properties.
AMUSEMENT ARCADEA commercial establishment which provides as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, Skee-Ball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.
ANIMAL CEMETERYA place used for the burial of the remains of five or more noncremated animals, other than customary burial of farm animals as accessory to a livestock use.
ANTENNAAn exterior device or apparatus designed for cellular, digital, telephone, radio, pager, commercial mobile radio, television, microwave or any other wireless communications through sending and/or receiving of electromagnetic waves, including, without limitation, omnidirectional or whip antennas and directional or panel antennas. Unless otherwise stated, this term shall not include standard antenna.
ANTENNA HEIGHTThe vertical distance from the base of the antenna support structure at grade to the highest point of the structure, including any antennas attached thereto or forming a part thereof. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA, STANDARDA device, partially or wholly exterior to a building, which is used for receiving television or radio signals for use on site, or for transmitting amateur "ham" radio or citizens band radio signals. See also "commercial communications antenna." See §
285-49.
APPLICANTA landowner or developer, as defined in the State Municipalities Planning Code, who has filed an application for development, including his heirs, successors and assigns.
ASSISTED LIVING FACILITYCoordinated and centrally managed rental housing including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. Assisted living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.
ATTICThat part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.
AUTO REPAIR GARAGEAn area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include activity meeting the definition of a "truck stop." See requirements in §
285-48.
AUTO SERVICE STATIONAn area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in §
285-48.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALESThis use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in §
285-48.
BASE FLOODA flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood").
BASE FLOOD DISCHARGEThe volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).
BASE FLOOD ELEVATION (BFE)The elevation shown on the FIRM 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.
BASEMENTAny area of the building having its floor below ground level on three of four sides.
BED-AND-BREAKFAST INNA dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in §
285-48 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to temporary visitors to the area, employees and their family. Visitors will only be temporary if stays are less than 30 consecutive days. See requirements in §
285-48.
BETTING USEA place used for lawful gambling activities, including but not limited to off-track pari-mutuel betting and any use of electronic gambling devices. This term shall not regulate state lottery sales or lawful small games of chance.
BILLBOARDAn off-premises sign that has a sign area greater than six square feet.
BIOSOLIDS/SEWAGE SLUDGEOrganic wastewater solids that can be reused after suitable sewage treatment, typically for agriculture.
BOARDThe Zoning Hearing Board of West Lampeter Township.
BOARDINGHOUSE (INCLUDES "ROOMING HOUSE")A residential use in which a) room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or b) a dwelling unit includes greater than the permitted maximum number of unrelated persons. A boardinghouse shall not include a use that meets the definition of a hotel, dormitory, motel, life care center, personal care center, bed-and-breakfast inn, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boardinghouse. A boardinghouse may either involve or not involve the providing of meals to residents, but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant. A boardinghouse shall primarily serve persons residing on-site for five or more consecutive days.
BUFFER YARDA strip of land that a) separates one use from another use or feature; and b) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See §
285-22.
BUILDINGAny structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.
BUILDING COVERAGEThe percentage obtained by dividing the total horizontal area covered by all buildings on a lot by the total lot area of a lot. For the purposes of this definition, building coverage shall include all buildings that are under a roof.
BUILDING HEIGHTThe vertical distance from the average of the finished ground level adjoining a building at all exterior walls to the average height of the highest roof surface. The finished ground level shall not slope away from a building wall in such a manner that it is not possible to position a ladder for fire rescue. The maximum structure height specified for each district shall not apply to antennas that meet the requirements of this chapter, water towers, clock or bell towers, steeples of places of worship, electrical transmission lines, elevator shafts, windmills, skylights, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
BUILDING WIDTHThe horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width. For attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.
BUILDING, PRINCIPALA structure in which is conducted, designed to be conducted or intended to be conducted, the primary use of the lot on which it is located.
BULK RECYCLING CENTERA use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of nonrecycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a junkyard.
BUTCHER SHOPA retail facility devoted primarily to the sale of common household raw or semi-prepared meat, poultry and seafood products to the general public, but excludes restaurants, mobile vendors, wholesale butchers, mobile butchers, abattoirs, and retail stores.
CAMPAn area that includes facilities and structures for primarily outdoor recreational activities by organized groups, and/or that involves overnight stays within seasonal cabins or temporary tents by organized groups and/or temporary visitors to the area. Tents and visitors will only be temporary if staying a period less than 30 consecutive days. This term shall only include facilities that are primarily used during warmer months, and which have a maximum impervious coverage of 5%. This term shall not include a recreational vehicle campground.
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.
CAMPSITEA plot of ground within a campground intended for occupation by a recreational vehicle or tent.
CEMETERYA place used for the burial of two or more noncremated humans.
CERTIFICATE OF USE AND OCCUPANCYA statement signed by a duly authorized Township officer setting forth that a building, structure or use legally complies with this chapter and that the same may be used for the purposes stated therein.
CHRISTMAS TREE FARM or TREE FARMA type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale during November and December of trees that were produced on the premises.
CLEAN WOODNatural, dry wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.
CLEAR-CUTTINGA logging method that removes all trees or the vast majority of trees from a mostly wooded area.
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNAA structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to retransmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antennas. See standards in §
285-48. This term shall not include a standard antenna.
A. LATTICE TOWERA commercial communications tower that is guyed or self-supporting with an open steel-frame structure.
B. MONOPOLE TOWERA commercial communications tower that involves a single shaft as its structural support.
COMMERCIAL MEAT PROCESSORA facility for the slaughtering and processing of animals and the refining of their by-products; and/or a facility where slaughtered animals (including game) are processed; and/or a facility where meat, poultry, or eggs are cooked, smoked or otherwise processed or packed. This facility will not have retail sales to the public.
COMMERCIAL USEThis term includes but is not limited to: retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit making nonindustrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.
COMMONSAn area of common open space within a neighborhood design development that serves as a focal point for dwellings, a gathering place for residents and location for community functions. The only permanent structures that shall be allowed within a required commons area shall be those directly related to the purpose of the commons, in addition to decorative lighting, landscaping and necessary utilities.
COMMUNITY CENTERA use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise-producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a treatment center.
COMPREHENSIVE PLANThe latest adopted Comprehensive Plan of West Lampeter Township, as amended.
CONDITIONAL USEA use listed as a conditional use under Article
III and Article
IV, which is only allowed after review by the Township Planning Commission and approval by the Board of Supervisors under §
285-7.
CONDOMINIUMA set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.
CONFERENCE CENTERA building and/or land which contains rooms for the gathering of persons suitable for meetings, lectures, presentations and similar activities. A conference center shall not include overnight lodging facilities. If overnight lodging facilities are located on the same tract, such overnight lodging facilities shall be considered a separate use.
CONSERVATION EASEMENTA legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land.
CONTIGUOUS LOTSAdjacent parcels of land, including parcels separated by a stream or road.
CONVENIENCE STOREA use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that involves food that is mostly consumed off-site and does not have drive-through service, and that includes a building with a floor area of less than 7,000 square feet. A convenience store involving the sale of gasoline shall be regulated as an auto service station.
CONVENTIONAL DEVELOPMENTDevelopment that is not approved under the open space development provisions of this chapter. (Note: This type of development typically does not involve the preservation of significant open space.)
COUNTRY CLUBA privately owned club, often with a membership quota and admittance by invitation or sponsorship, that generally offers both a variety of recreational sports and facilities for dining and entertaining.
CRAFTS OR ARTISAN'S STUDIOA use involving the creation, display and sale of arts and crafts, such as paintings, sculpture and fabric crafts. The creation of arts and crafts may also be permitted within a home occupation, provided the requirements for such use are met.
CROP FARMINGThe raising of products of the soil and accessory storage of these products. This term shall include orchards, tree farms, wineries, plant nurseries, raising of fish, greenhouses and keeping of animals in numbers that are routinely accessory and incidental to a principal crop farming use. See also "livestock, raising of."
CURATIVE AMENDMENTA process provided in the State Municipalities Planning Code that authorizes certain types of challenges to a zoning ordinance.
DAY CAREThe offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.
DAY CARE, FAMILYAn accessory use to a detached single-family dwelling in which four to six individuals, who are not related to the residents of the principal dwelling, are cared for or supervised during any calendar day. Family day care use shall be established in accordance with the provisions of West Lampeter Township, the Commonwealth of Pennsylvania and other agencies with jurisdiction.
DCEDThe Pennsylvania Department of Community and Economic Development or any agency successor thereto.
DENSITYThe total number of dwelling units proposed on a lot divided by the "lot area," unless otherwise stated.
DEPThe Pennsylvania Department of Environmental Protection and its relevant bureaus.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, the construction, demolition, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading and excavation, mining, dredging, drilling operations, storage of equipment or materials, and the subdivision of land.
DISTRICT (or ZONING DISTRICT)A land area within the Township within which certain uniform regulations and requirements apply under the provisions of this chapter.
DORMITORYA building used as living quarters for the exclusive use of bona fide full-time faculty or students of an accredited college or university or primary or secondary school, and which is owned by and on the same lot as such college, university or school.
DRIVE-THROUGH SERVICEAn establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.
DWELLINGA building used as non-temporary living quarters, but not including a boardinghouse, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home."
DWELLING TYPESThis chapter categorizes dwellings into the following types:
A. CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article
V and where permitted by Article
III and Article
IV, and meeting the floor area requirements of §
285-19.
B. DUPLEXA building that includes two dwelling units and which is not a "twin dwelling." This building typically involves one dwelling unit located above a second dwelling unit.
C. MULTIFAMILY DWELLINGS (or APARTMENTS)Three or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, twin dwelling, duplex or townhouse/row house. The individual dwelling units may be leased or sold for condominium ownership.
D. SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or low-rise apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a mobile/manufactured home and that is supported structurally by its exterior walls and that rests on a permanent foundation.
E. (1) MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: a) is transportable in a single piece or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; b) is designed for permanent occupancy; c) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; d) is constructed so that it may be used with or without a permanent foundation; and e) is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a sectional home, which is defined above. See standards in §
285-48.
F. TOWNHOUSE or ROW HOUSEOne dwelling unit that is attached to two or more dwelling units and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in §
285-48.
G. TWIN DWELLING UNITOne building with two dwelling units that are completely separated by a vertical listed fire-rated assembly (fire-resistant wall). One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
DWELLING UNITA single habitable living unit occupied by only one family for nontransient use. Each dwelling unit shall have a) its own toilet, bath or shower, sink, sleeping and cooking facilities; b) separate access to the outside or to a common hallway or balcony that connects to outside access at ground level; and c) each dwelling unit shall include a minimum of 800 square feet of enclosed habitable, indoor, heated floor area, which shall be primarily above the ground level. A dwelling unit shall not include either or both of the following: a) two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another; or b) two separate and distinct sets of kitchen facilities. The following are separate and distinct uses: bed-and-breakfast, boardinghouse, dormitory, hotel, motel, hospital, nursing home or short-term rental.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)Equipment that connects an electric vehicle (EV) to a source of electricity to recharge electric cars, neighborhood electric vehicles and plug-in hybrids. Some charging stations have advanced features, such as smart metering, cellular capability and network connectivity, while others are more basic.
EMERGENCY SERVICES STATIONA building for the housing of fire, emergency medical or police equipment and for related activities. This use may include housing for emergency personnel while on-call. See also provisions for this use in §
285-48.
EMPLOYEESThe highest number of workers (including both part-time and full-time, both compensated and volunteer, and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site. Persons working will be considered temporary if the employment period is less than 31 consecutive, calendar days.
ESSENTIAL SERVICES or ESSENTIAL PUBLIC UTILITY SERVICESUtility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. Essential services shall include the following and closely similar facilities: sanitary sewage lines, water lines, electric distribution lines, stormwater management facilities, cable television lines, natural gas distribution lines, fire hydrants, streetlights and traffic signals. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment, or bulk storage of materials.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction or facilities for servicing the lots on which the manufactured 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 the Township.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK or SUBDIVISIONThe preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FAMILYOne or more persons living together in a single-dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. This definition does not intend to prohibit group homes and/or community living arrangements that are determined to be protected by the Federal Fair Housing law, provided such facilities are licensed and permitted under the authority of the Department of Welfare of the Commonwealth of Pennsylvania or other state department or agency. In determining the functional equivalent of a traditional family, the following criteria shall be present:
A. The group shares the entire dwelling unit.
B. The group lives and cooks together as a single housekeeping unit.
C. The group shares expenses for food, rent, utilities or other household expenses.
D. The group is permanent and stable, and not transient or temporary in nature.
E. Any other factor reasonably related to whether the group is the functional equivalent of a family.
FARMA lot used for the raising of agricultural or dairy products and/or the raising of livestock or poultry for commercial purposes. This term may include one dwelling unit (unless additional units are allowed by another section of this chapter), buildings used for the agricultural activities and the storage of equipment used for the agricultural activities. To qualify for Pennsylvania's Right to Farm Act (RTFA), 3 P.S. § 954, a farm must be at least 10 connected acres, or make approximately $10,000 per year in farm income, have been operating mostly unchanged for a year, or include changed activities in a nutrient management plan, and produce raw agricultural commodities on the farm.
FARM SERVICE BUSINESSA low-intensity commercial or industrial activity that primarily serves other farms or the agricultural community in general with the sale and/or production of agricultural goods, materials, supplies, and/or services. Farm service businesses are not required to be operated in connection with or supplementary to an existing farm. Examples of farm service businesses include, but shall not be limited to farm equipment, small engine, and/or vehicle repair; custom blacksmithing or sharpening services; processing and storage of agricultural products; farm or agricultural retail sales; welding, metal fabrication, and custom machining of parts; and offices needed in connection with the farm service business. Farm service businesses are distinct from farm-related businesses, as defined in §
285-49.
FEMAThe Federal Emergency Management Agency or any entity successor thereto.
FENCEA man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a wall. See §
285-49.
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.
FINANCIAL INSTITUTIONAn establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.
FLAG LOTA lot intended for a single-family detached dwelling that does not meet the minimum required lot width at the minimum front yard building setback line. A flag lot may involve a narrower "flagpole" extension of the lot that includes a driveway that connects the bulk of the lot to a street.
FLOODA temporary inundation of normally dry land areas.
A. FLOOD INSURANCE RATE MAP (FIRM)The official map on which the FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township.
B. FLOOD INSURANCE STUDY (FIS)The official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
C. 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.
D. 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.
E. 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.
F. REGULATORY FLOOD ELEVATIONThe base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of two feet.
G. REPETITIVE LOSSFlood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on an average, equals or exceeds 25% of the market value of the structure before the damages occurred.
FLOOR AREA, TOTALThe total floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings. Floor area shall specifically include, but not be limited to, a) fully enclosed porches; and b) basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least 6 1/2 feet. Floor area shall not include unenclosed structures.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, and which does not involve any land development. See "timber harvesting" in this section and §
285-48.
GARAGE SALEThe accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See §
285-49.
GARAGE, PRIVATEAn accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than three-quarter-ton capacity may be stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. Where a garage is an 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.
GLAREA sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See §
285-55.
GOLF COURSEA tract of land laid out for at least nine holes for playing the game of golf that may include a clubhouse, dining area and snack bar, pro shop, and practice facilities.
GOVERNMENT FACILITY, OTHER THAN TOWNSHIP-OWNEDA use owned by a government, government agency or government authority for valid public health, public safety, or similar governmental purpose, and which is not owned by West Lampeter Township or an authority created solely by West Lampeter Township. This term shall not include uses listed separately in the table of uses in Article
III, such as publicly owned recreation. This term shall not include a prison.
GREENHOUSEAn accessory or principal use consisting of a building in which the roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
GREENSAn area of landscaped common open space designed to serve a variety of noncommercial recreational and social interaction purposes.
GROUP HOMEA dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act, as amended. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use.
A. Group homes shall be subject to the same limitations and regulations by the Township as the type of dwelling unit they occupy.
B. It is the express intent of the Township to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
C. A group home shall not include a treatment center.
D. NOTE: The Federal Fair Housing Amendments Act defines "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 to address certain situations related to substance abuse treatment. |
HABITABLE SPACEThe 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 or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.
HAZARDOUS SUBSTANCESA product or waste or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into groundwater resources and the subsurface environment, which includes the soil and all subsequent materials located below. Such hazardous material includes, but is not limited to, materials which are included on the latest edition of one or more of the following lists:
A. "Hazardous substances," as defined pursuant to Section 311 of the Federal Clean Water Act, or its successor provisions.
B. "Hazardous substances," as defined pursuant to the Federal Comprehensive Environmental Response, Compensation and Liability Act, or its successor provisions.
HAZARDOUS SUBSTANCES, EXTREMELYHazardous substances included on the list of Extremely Hazardous Substances in 29 Code of Federal Regulations Part 355, or its successor provisions, and that are stored or used in quantities above the threshold reportable limits in such regulations.
HEALTH AND RECREATION CLUBA commercial business that offers active fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.
HEIGHTSee "building height." To measure the height of a sign or any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure.
HELIPORTAn area used for the takeoff and landing of helicopters and related support facilities. A private heliport shall be limited to 15 total takeoffs and landings in any seven-day period and is not open to the general public. A public heliport is one that does not meet the definition of a "private heliport."
HIGHEST ADJACENT GRADEThe highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC RESOURCEAny building, structure, site, object or district that is included on the National Register of Historic Places, individually or as a contributing resource in a National Register Historic District.
HOME OCCUPATIONA routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of §
285-49. A no-impact home occupation shall be a home occupation that meets the additional requirements for a no-impact home occupation, as stated in §
285-49. The term no-impact home occupation includes, but is not limited to, the term "no-impact home occupation," as defined in the State Municipalities Planning Code. A "general home occupation" shall be a home occupation that does not meet the requirements for a light home occupation.
HORSE BOARDING FACILITYA principal use whereby equestrian instruction is offered, and horses are kept, bred, trained and/or exercised upon land not occupied by the owner of the horse(s).
HOSPITALA use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve any stays overnight shall be considered an office. A hospital may involve care and rehabilitation for medical, dental or mental health but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professionals.
HOTEL or MOTELA building or buildings including rooms rented out to persons as clearly temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 90 days shall be considered a boardinghouse and shall meet the requirements of that use. See also bed-and-breakfast use. A hotel or motel may also include a restaurant, meeting rooms, nightclub, newsstand, amusement arcade, gift shop, swim club, exercise facilities, tavern and similar customary accessory amenities, and provided any such use shall only be allowed as a principal use of the property if such use is allowed by the applicable district regulations.
HUNTING AND FISHING CLUBLand owned by an organized group of persons formed as a club that is used for hunting, fishing and similar types of passive recreation, and which involves no buildings except those for the recreational, lodging, eating and sanitary facilities for members and invited guests and routinely accessory storage buildings.
IMPERVIOUS COVERAGEThe percentage that results from dividing the land area on a lot covered by all impervious surfaces by the total land area of the lot, such as (but not limited to) pools, decks, patio pavers, and crushed stone. Impervious surfaces shall be defined as areas covered by buildings, paving or concrete or other man-made surfaces, and hard surfaced areas which either prevent or retard the entry of water into the soil, and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions as undisturbed property. Areas of stone regularly used for vehicle parking and movement shall be considered impervious for the purposes of restricting impervious coverage under this chapter.
A. Areas of stone regularly used for vehicle parking and movement shall be considered impervious for the purposes of restricting impervious coverage under this chapter.
B. Water surfaces of pools are impervious.
C. For a townhouse development, the maximum impervious coverage may be measured as a maximum for the entire development after completion, after the deletion of street rights-of-way (or cartway where a street right-of-way does not exist), as opposed to regulating each individual townhouse lot.
INTENSIVE RAISING OF LIVESTOCK OF POULTRYThis term refers to the raising of livestock or poultry use involving an average of 2,000 pounds of live weight per acre of livestock or poultry, on an annualized basis. This agricultural use is also known as a "concentrated animal operation" (CAO), which is determined by the Commonwealth of Pennsylvania (Pennsylvania Department of Environmental Protection and Pennsylvania Department of Agriculture) and/or other agencies with jurisdiction, and involves the commercial keeping and handling of livestock and/or poultry quantities with densities exceeding 2,000 pounds per acre, which are suitable for the application of manure on an annualized basis. An operation with fewer than eight AEUs is not considered to be a CAO, regardless of animal density.
INVASIVE SPECIESPlant species that are nonnative (or alien) to the ecosystem under consideration and, whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
JUNKAny discarded, unusable, scrap or abandoned man-made or man-processed material or articles stored outside of a completely enclosed building. Examples of junk include scrap metal, used furniture, used appliances, used motor vehicle parts, worn-out machinery and equipment, used containers and scrap building materials. Junk shall not include a) solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal; b) toxic substances; c) yard waste or tree trunks; d) items clearly awaiting imminent recycling at an appropriate location; e) building materials awaiting imminent use at an ongoing building site; or f) clean fill, as defined by state environmental regulations.
JUNK VEHICLEA. Includes any vehicle or trailer that meets any of the following conditions:
(1) Cannot be moved under its own power, in regard to a vehicle designed to move under its own power, other than a vehicle clearly needing only minor repairs;
(2) Cannot be towed, in regard to a trailer designed to be towed;
(3) Has been demolished beyond repair;
(4) Has broken windows, doors, or trunk and cannot be secured;
(5) Has been separated from its axles, engine, body or chassis; and/or
(6) Includes only the axle, engine, body parts and/or chassis, separated from the remainder of the vehicle.
B. See also the definition of "unregistered vehicle."
JUNKYARDA. Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:
(1) "Junk" (see definition) covering more than 1% of the lot area.
(2) Two or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage within the requirements of §
285-48.
(3) One or more mobile/manufactured homes that are not in a habitable condition.
B. Junk stored within a completely enclosed building for business purposes shall be considered a warehouse.
C. A junkyard specifically shall include but not be limited to a metal scrap yard or auto salvage yard.
KENNELAny lot on which more than five animals that are older than six months (except relating to a farm) are kept, boarded, raised, bred, treated, or trained for a fee, including, but not limited to, dog or cat kennels.
LANDFILLA parcel of ground, a portion of which has received a permit from the Pennsylvania Department of Environmental Protection, to receive solid waste intended for permanent disposal on the parcel by covering the solid waste with soil or other cover materials, and the associated liners, solid waste deposits, earthen berms, mechanically stabilized earthen berms, temporary and permanent cover, and leachate collection on the parcel.
LANDOWNERThe owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner) or authorized officers of a partnership or corporation that is a landowner.
LIGHTING, DIFFUSEDIllumination that passes from the source through a translucent cover or shade.
LIVESTOCK OR POULTRY, RAISING OFThe raising and keeping of livestock, poultry or insects beyond the number and type allowed under the keeping of pets section of §
285-49 and beyond what is customarily incidental to a principal crop farming use. Raising of livestock or poultry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
LOTA parcel of land separately described by a metes-and-bounds description which is recorded in the office of the Recorder of Deeds of Lancaster County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Lancaster County.
A. When used in Article
VII, the word "lot" shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit: such as the area used by a dwelling unit in a townhouse structure or a tenant space in a multiple tenant building.
LOT AREAThe horizontal land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area, the following shall be excluded:
A. Areas within the existing legal rights-of-way of: 1) any proposed or existing public streets or alleys; or 2) any proposed or existing commonly maintained private streets that serve more than one lot. (Note: Other sections of this chapter, such as townhouse development, may specifically permit proposed streets to be included in determining density for a specific use.)
B. Areas that are currently or will be required to be dedicated as common or preserved open space on a separate lot. (Note: Other sections of this chapter, such as open space development, may specifically permit proposed common open spaces to be included in determining density for a specific use.)
C. Features required to be excluded from "lot area" under Article
III and Article
IV of this chapter; wetlands (as officially defined under federal and/or state regulations), ponds and lakes shall not be counted toward the minimum lot area of any lot or tract of land.
LOT COVERAGEA percentage of the lot area which is covered by impervious or pervious man-made materials. This shall include all buildings, patios, walking paths, pools, decks, and other similar structures whether impervious or pervious.
LOT LINESThe property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development.
B. REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line. Every lot shall have a rear yard.
LOT WIDTHThe horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. Where a pie-shaped lot fronts upon a cul-de-sac, the minimum lot width may be reduced to 75% of the width that would otherwise be required.
LOT, CORNERA lot abutting on two or more intersecting streets which has an interior angle of less than 135° at the intersection of right-of-way lines of two streets.
LOWEST FLOORThe lowest floor of the lowest fully enclosed area, including any basement. An unfinished flood-resistant partially enclosed area used solely for the parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements:
A. It is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing;
B. It is designed for permanent occupancy;
C. It arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations;
D. It may be constructed so that it may be used without a permanent foundation.
E. It is not a recreation vehicle.
MANUFACTURED HOME PARK or SUBDIVISIONA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobile/manufactured homes.
MANURE DIGESTER SYSTEMA facility designed 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.
MASSAGE PARLORA type of adult use that is an establishment that meets all of the following criteria:
A. Massages are conducted involving one person using their hands and/or a mechanical device on another person below the waist, in return for monetary compensation, and which does not involve persons who are related to each other.
B. The use does not involve a person licensed or certified by the state as a health care professional or a massage therapist certified by a recognized professional organization that requires substantial professional training. Massage therapy by a certified professional shall be considered "personal service."
C. The massages are not conducted within a licensed hospital or nursing home or an office of a medical doctor or chiropractor or as an incidental accessory use to a permitted exercise club or high school or college athletic program.
D. The massages are conducted within private or semiprivate rooms.
MEDICAL OR DENTAL CLINICAny building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.
MEMBERSHIP CLUBAn area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests and persons specifically invited to special celebrations, but which is not routinely open to members of the general public, and which is not primarily operated as a for-profit business.
A. This use shall not include a target range for outdoor shooting of firearms, boardinghouse, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met.
B. See §
285-48. See also "after-hours club" and "hunting and fishing clubs," which are distinct uses.
MINERAL EXTRACTIONThe removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.
MINI WAREHOUSEA 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 mini warehouse shall be used solely for storage and no nonstorage uses shall be permitted. Users of the facility shall not visit the site on a frequent basis (fewer than once a week). Outdoor storage of motor vehicles, recreational vehicles, boats and similar items may also be permitted as a part of a mini warehouse.
MOBILE/MANUFACTURED HOME PARKA lot under single ownership which includes two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes and shall not be considered to be a "mobile home park." See §
285-48.
MOTOR VEHICLEAn automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation designed to operate to carry persons or cargo on roads and that is powered by mechanized means.
NEIGHBORHOOD CENTERA facility within a development designed to provide space for one or more neighborhood facilities. A neighborhood center may also include small retail or personal service establishments which are designed to serve a pedestrian-oriented clientele from the development.
NEIGHBORHOOD CENTER, RECREATIONA facility within a development designed to provide space for customary recreational activities, such as exercise facilities.
NEIGHBORHOOD FACILITYIncludes any of the following: a) meeting rooms, multipurpose spaces, and similar spaces available for the use of residents of the neighborhood development; b) adult education classroom; c) satellite offices for municipal agencies (such as police); or d) offices of social service agencies or nonprofit organizations.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after the effective date of the floodplain regulations that were adopted by the Township, and includes any subsequent improvements thereto. Any construction started after April 17, 1978, and before the effective date of these floodplain regulations is subject to the regulations in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.
NEW MANUFACTURED HOME PARK OR SUBDIVISIONA manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured 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 the Township.
NIGHTCLUBAn establishment that offers amplified live music performances or amplified music for dancing, sells alcoholic beverages primarily for on-site consumption, is open to patrons after 12:00 midnight and has a building capacity of over 200 persons.
NONCONFORMING LOTA lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but which was lawfully in existence prior to the effective date of this chapter or amendments hereinafter enacted.
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.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See §
285-24.
NONTRANSIENTResiding within a structure for a period greater than 30 days.
NORMAL AGRICULTURAL OPERATIONSThe customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities.
NURSING HOMEA facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See §
285-48.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, culvert, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or flood-prone area, which may impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried by such water, or is placed where the flow of the water may carry the matter downstream to threaten life and property.
OFFICEA use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.
OPEN SPACE, PRESERVED OR COMMONA parcel or parcels of land within a tract which meets all of the following standards:
A. Is designed, intended and suitable for active or passive recreation by residents of a development or the general public.
B. Is covered by a system that ensures perpetual maintenance, if not intended to be publicly owned.
C. Will be deeded to the Township and/or preserved by a deed restriction or conservation easement to permanently prevent uses of land other than "preserved open space" and noncommercial recreation or a golf course.
D. Does not use any of the following areas to meet minimum preserved open space requirements:
(1) Existing street rights-of-way;
(2) Vehicle streets or driveways providing access to other lots;
(3) Land beneath building(s) or land within 20 feet of a building (other than accessory buildings and pools clearly intended for noncommercial recreation and other than agricultural buildings and a farmstead which are permitted within land approved by the Township for agricultural preservation);
(4) Off-street parking (other than that clearly intended for noncommercial recreation);
(5) Area(s) needed to meet a requirement for an individual lot;
(6) For land intended to be open to the public, which does not have provisions for entry with a fifteen-foot minimum width by pedestrians from a street open to the public or from adjacent preserved open space that has access to such a street;
(7) Land that includes a stormwater detention basin, except for a basin or portions of a basin that the applicant proves to the satisfaction of the Board of Supervisors would a) be reasonably safe and useful for active or passive recreation during the vast majority of weather conditions; or b) serve as a scenic asset resembling a natural pond;
(8) Portions of land that have a width of less than 50 feet;
(9) Areas that are under water during normal weather conditions; and
(10) Areas that are under electric transmission lines that are designed for a capacity of 35 kilovolts or greater.
E. Each square foot of preserved open space that is of 25% or greater slopes and each square foot within the 100-year floodplain shall only count as 1/2 square foot for the purposes of determining the amount of preserved open space.
ORDINANCE, THISThe West Lampeter Township Zoning Ordinance, including the Official Zoning Map, as amended.
OUTDOOR HYDRONIC HEATERAny equipment, device or apparatus which is installed, affixed or situated outdoors, and not situated within a building intended for habitation by humans or domestic animals, which is used for the primary purpose of combustion of fuel to produce heat for energy as a heating system or component thereof, which provides heat or hot water to the principal structure, to a structure used for human or animal habitation, or to any accessory uses or structures, including, but not limited to, greenhouses, conservatories, and swimming pools. For the purposes of this particular appliance, "chimney" shall mean any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor hydronic heater. Such appliances are also commonly referred to as "outdoor wood-fired furnaces," "outdoor wood-burning appliances," or "outdoor solid-fuel-fired boilers heaters."
PAThe Commonwealth of Pennsylvania.
PARENT TRACTAn existing lot from which one or more new lots are subdivided.
PARKINGOff-street parking and aisles for vehicle movement unless otherwise stated.
PENNDOTThe Pennsylvania Department of Transportation or its successor, and its subparts.
PERMITTED BY-RIGHT USESAllowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of this chapter. A nonconforming use shall not be considered to be a permitted by-right use, a special exception use or a conditional use.
PERSONAn individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
PERSONAL SERVICEAn establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barbershops and beauty shops, photography studios, shoe repair shops, household appliance repair shops, custom detailing of private motor vehicles and other similar establishments, but shall not include any adult uses, as herein defined.
PETS, KEEPING OFThe keeping of 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. See §
285-49.
PICNIC GROVE, PRIVATEAn area of open space and pavilions that is not publicly owned and is used for group picnics and related outdoor recreation, and which is used on a commercial basis.
PLACES OF WORSHIP AND RELATED USESA building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day-care facilities.
PRINCIPAL STRUCTUREThe structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.
PRINCIPAL USEA dominant use(s) or main use on a lot, as opposed to an accessory use.
PRISONA correctional institution within which persons are required to inhabit by criminal court actions or as the result of a criminal arrest.
PUBLIC NOTICENotice required by the Pennsylvania Municipalities Planning Code. (Note: As of the adoption date of this chapter, for a Zoning Hearing Board hearing or an amendment to this chapter, such Act generally required a legal advertisement published once each week for two successive weeks in a newspaper of general circulation in the Township, which states that time and place of a meeting/hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication not less than seven days from the meeting/hearing date.)
PUBLICLY OWNED RECREATIONLeisure facilities owned, operated or maintained by governmental entities for use by the general public. Publicly owned recreation is a distinct use from indoor recreation or outdoor recreation.
RAISING OF LIVESTOCK OR POULTRYThe raising and keeping of livestock or poultry beyond the number and type allowed under the keeping of pets section, but less than intensive raising of livestock. The term shall be synonymous with the term "farm animals" and are those animals typically associated with a farm or agricultural operation, as further defined by the Pennsylvania Department of Agriculture. It is also known as a "concentrated animal feeding operation" (CAFO), which is an agricultural use regulated by the Commonwealth of Pennsylvania (Pennsylvania Department of Environmental Protection and Pennsylvania Department of Agriculture) and/or other agencies with jurisdiction, which are involved with the commercial keeping and handling of livestock. A "farm animal" shall not be considered as a "domestic pet" or an "exotic animal", as defined by this chapter. This term shall also exclude deer, elk and other large game animals. See "stable" for the keeping of nonhousehold horses. See also "kennel." See also "keeping of bees."
RECREATIONThe offering of leisure-time activities to unrelated persons. This term shall not include any adult use. For the purposes of this chapter, recreation facilities shall be permitted as an accessory use when clearly limited to residents of a development and their occasional invited guests.
A. INDOOR RECREATIONA type of recreation use that a) does not meet the definition of outdoor recreation; and b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use in Article
III and Article
IV.
B. OUTDOOR RECREATIONA type of recreation use that a) has a total building coverage of less than 15%; and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, frisbee golf, amusement park and similar uses. This term shall not include any use listed separately as a distinct use in Article
III and Article
IV, such as a firearms target range.
RECREATIONAL VEHICLEA vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a driver with a legal Class C driver's license; and not designed for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
RECYCLING COLLECTION CENTERA use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted-by-right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted by-right accessory use to a public or private primary or secondary school, a place of worship, a Township-owned use or an emergency services station. Storage of more than 500 pounds of common household materials for recycling will be considered temporary if materials are kept for a period of less than 31 days.
RELATED or RELATIVEPersons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. See definition of "dwelling unit."
REPAIR SERVICEShops for the repair of appliances, watches, guns, bicycles and other household items.
RESIDENTIAL ACCESSORY STRUCTURE (INCLUDES "BUILDING") OR USEA use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, gazebo, storage shed, greenhouse. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.
RESIDENTIAL LOT LINESThe lot line of a lot that 1) contains an existing primarily residential use on a lot of less than 10 acres; or b) is undeveloped and zoned as a residential district.
RESTAURANTA. An establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.
B. A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a tavern or nightclub, as applicable, must be met.
C. See "drive-through service" in this section.
RETAIL STOREA use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, or any restaurant.
RETREAT CENTERA facility where groups may gather for the purpose of religious worship, seminars, fellowship, family gatherings, nature and historical studies, and similar activities, and which may involve overnight stays, meals to persons attending other activities on site, and accessory outdoor active and passive recreation.
RIDING STABLEA commercial enterprise which provides horses for rent and equestrian instruction.
RIGHT-OF-WAYAn area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term "right-of-way" by itself shall mean the street right-of-way unless another meaning is otherwise stated or clearly implied from the context in which it is used.
A. STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Township or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
B. See also "right-of-way, future or ultimate" in the Subdivision and Land Development Ordinance.
SCHOOL, PUBLIC OR PRIVATE, PRIMARY OR SECONDARYAn educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools.
SCREENINGYear-round plant material of substantial height and density designed to provide a buffer. See requirements in §
285-22.
SELF-STORAGE DEVELOPMENTA building or group of buildings divided into individual separate access units, which are rented or leased for the storage of personal and small business property.
SETBACK LINEA line separating a yard from the area within which a building or use is allowed. See "yard."
SEWAGE SERVICE, CENTRALSanitary sewage service to a building by a Township-approved sewage collection and disposal system that serves five or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
SEWAGE SERVICE, ON-LOTSanitary sewage service to a building that does not meet the definition of "central sewage service," such as but not limited to an individual on-lot septic system.
SEWAGE SERVICE, PUBLICCentral sanitary sewage service by a system owned and/or operated by a municipality or a municipal authority.
SHOPPING CENTERA lot that contains five or more retail sales establishments on a lot and which may also include other allowed commercial uses.
SHORT-TERM RENTALA single-family, owner-occupied, detached dwelling where accommodations are rented to an individual or a family on a daily basis for less than 30 consecutive days. The term "owner-occupied" requires the owner to be living on the property for a minimum of nine months in a calendar year.
SIGHT TRIANGLEAn area required to be kept free of certain visual obstructions to traffic.
SIGNA device for visual communication that is used to bring the subject to the attention of the public.
A. Signs do include lettering, logos, trademarks or other symbols that are an integral part of the architectural design of a building, that are applied to a building or that 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.
B. Signs do not include the following: signs within a building that are not readable from outside of the building; flags of governments or government agencies; decorative seasonal and holiday banners on residential properties; and displays of merchandise either behind store windows or outdoors. See also Article
VII.
(1) BUILDINGA sign attached to or painted on a building or attached to an awning that is attached to a building. This term includes wall signs and roof signs. A window sign shall also be regulated as a building sign, except as provided in the definition of "window sign" below.
(2) BUSINESSA sign that directs attention to any business, professional, commercial or industrial activity occurring on the premises on which the sign is located, but not including a home occupation sign. (Also see "center sign.")
(3) CENTERA business sign that provides identification at the entrance to a center such as a shopping center, office complex or industrial park.
(4) CONTRACTORA temporary sign that carries the name and information about a contractor who is involved in construction work occurring on the premises on which the sign is located.
(6) ELECTIONA type of "issue sign" that directs attention to a candidate or candidates for public office, a political party or a ballot issue.
(7) FREESTANDINGA sign not attached to or painted on a building, or a sign attached to or painted on a building that has no use in addition to supporting the sign.
(8) GARAGE/YARD SALEA temporary sign that directs attention to the sale of personal goods on the premises on which the sign is located.
(9) GOVERNMENTAn off-premises sign placed by a governmental unit, such as a traffic, directional, informational or street name sign, or an historical marker.
(10) HOME OCCUPATIONA sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
(11) IDENTIFICATIONA sign used to identify the name and display information about the individual, organization, agency, institution, facility or development located on the premises on which the sign is located but not including a business sign. (Also see "development sign" and "public use sign.")
(12) INCIDENTALAn informational sign, no more than two square feet in size, that carries a message such as "enter," "open," "telephone," "restrooms," "no parking," "no trespassing," "warning," a listing of hours when open, an on-site direction, or anything similar. Incidental signs may not include any commercial message or logo, except that one "enter" sign per entrance may include a logo or business name, as long as the entrance is exclusively for that business and the logo or business name is subordinate to the word "enter."
(13) ISSUEA temporary sign that directs attention to a candidate(s) for elective office or to an opinion of a public or private nature, such as, but not limited to, a community, social, religious, judicial, political or ballot issue. A sign including commercial advertising shall not be considered an issue sign. If such type of sign exceeds the maximum size for an issue sign, then it shall be regulated as a billboard.
(14) NONPROFIT ORGANIZATIONAn off-premises sign displaying information about a church, service club or other organization that does not operate for the purpose of making a profit.
(15) OFF-PREMISESA sign that advertises a service, product, activity, business or activity that is not offered or located on the lot upon which the sign is located. A political, election or issue-oriented sign that exceeds the size limits for an issue sign shall also be regulated as an off-premises sign. See also "billboard," which is a type of off-premises sign.
(16) ON-PREMISESA sign that applies to the property on which it is displayed.
(17) OPEN HOUSEA temporary sign that provides information about a real estate open house, including the words "open house," the day and time of the open house, and the name of the realtor.
(18) OVERHEADA sign located such that pedestrian or vehicular traffic might pass beneath any part of it.
(19) PERMANENTA sign intended to be displayed for an unlimited period of time.
(20) PUBLIC USEAn identification sign used to identify the name and display information about a public use, such as a government building, school, park, firehouse or church.
(21) PUBLIC UTILITYSigns that are necessary for a sewage service, water supply, land-line telephone or electricity provider to post in the performance of their responsibilities, such as warning signs and utility pole identification numbers.
(22) REAL ESTATEA temporary sign that provides information about a real estate activity on the premises on which the sign is located, such as a sign advertising a sale, rental or property available for or in the process of development, but not including an open house sign.
(23) ROOFA sign attached to or painted on a roof.
(24) SIDEWALKA temporary sign placed on the sidewalk adjacent to the commercial activity it advertises, but not including a contractor sign, a garage/yard sale sign, a home occupation sign, an open house sign, a real estate sign or a special event sign.
(25) SPECIAL EVENTA temporary sign that carries information about a special event, such as an auction, flea market, festival, carnival, meal or fund-raising event that benefits a charity, place of worship, school, fire company or similar nonprofit organization. This term shall not include any business sign, such as a "sale" sign at a store.
(26) TEMPORARYA sign that is displayed for no more than three months in any year, including consecutively from year to year, unless stated otherwise in this chapter.
(27) WALLA sign attached to or painted on the wall of a building.
(28) WINDOWA sign of more than one square foot that is attached to a window or visible through a window. A temporary window sign made of paper on a commercial building is not regulated by this chapter. Any other window sign shall be regulated as a building sign.
(29) SIGN AREAThe area of a sign shall be the area of the smallest rectangle, triangle or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs or other display.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.
SITE ALTERATIONSThis term shall include one or more of the following activities:
A. Filling of lakes, ponds, marshes or floodplains or alteration of watercourses;
B. Clearing and regrading of more than 1/2 acre, other than selective thinning of existing vegetation or trees;
C. Regrading, stripping, earth disturbance of 5,000 square feet or more.
SLAUGHTERHOUSEA commercial establishment used for slaughtering and dressing of animals, the meat of which is intended for human consumption. Sometimes also referred to as a "meat processing plant."
SLSASuburban Lancaster Sewer Authority.
SOLID WASTE LANDFILLAn area where municipal solid waste and similar materials is deposited on land, compacted, covered with soil and then compacted again, and which has a permit from DEP to operate as a sanitary landfill.
SOLID WASTE TRANSFER FACILITYLand or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill or septage or sludge application.
SOLID-WASTE-TO-ENERGY FACILITYAn area where municipal solid waste and similar materials are incinerated or otherwise processed to result in usable energy for off-site use.
SPECIAL EXCEPTIONA use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See §
285-6.
SPECIFIED SEXUAL ACTIVITIESOne or more of the following:
A. Human male genitals in a visible state of sexual stimulation.
B. Acts of human masturbation, sexual intercourse, oral sex or sodomy.
C. Fondling or other erotic touching of human genitals. See definition of "adult use."
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 from the date of the permit. 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 manufacture 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/or 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.
STATEThe Commonwealth of Pennsylvania and its agencies.
STOCKYARDA large yard containing pens and sheds, typically adjacent to a slaughterhouse, in which livestock is kept and sorted.
STORAGE PODA portable on demand storage container or other self-storage container, including, but not limited to, containers commonly known as "portable storage containers" or "PODS®." For the purposes of this chapter, "storage pod" shall be defined as those with greater than one cubic yard of storage volume.
STORYA level of a building routinely accessible to humans having an average vertical clearance from floor to ceiling of 6 1/2 feet or greater shall be considered a full story, except as follows: If the floor of a basement level is more than six feet below the finished grade level for more than 50% of the total building perimeter, it shall not be regulated as a story. Any level of a building having an average vertical clearance from floor to ceiling of less than 6 1/2 feet shall be considered a "half-story."
STREETA public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.
STREET CLASSIFICATIONThe functional classification of streets, roads and highways that is provided in the Township Comprehensive Plan shall apply. Such classifications may be revised by written resolution of the Board of Supervisors.
STRUCTUREAny man-made object having a stationary location on, below, or in land or water, whether or not affixed to the land. Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter. For the purposes of this chapter, utility poles, stormwater basins, stormwater inlets and outlets, wells, and septic systems shall not be considered structures, and shall not be subject to minimum zoning setback requirements unless stated otherwise.
SUBDIVISIONThe definition in the Subdivision and Land Development Ordinance shall apply.
SUBSTANTIAL DAMAGEDamage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss, regardless of the actual repair work performed. The term does not include either any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the Township Code Enforcement Official and which are the minimum necessary to assure safe living conditions.
SWIMMING POOL, HOUSEHOLD OR PRIVATEA man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See §
285-49.
SWIMMING POOL, NONHOUSEHOLDA man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that does not meet the definition of a household swimming pool.
TAVERNA place where alcoholic beverages are served as a primary or substantial portion of the total trade, and which does not meet the definition of an after-hours club or a nightclub. The sale of food may also occur. See also the definition of "restaurant."
THEATERA building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.
TIMBER HARVESTING (INCLUDES LOGGING)The process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products. For the purposes of timber harvesting, the following terms shall have the following meanings:
A. BASAL AREAThe area in square feet per acre occupied by tree stems 4 1/2 feet above the ground, normally measured by a calibrated prism or angle gauge.
B. BEST MANAGEMENT PRACTICESUniversally accepted activities that have a positive effect or minimize a negative effect on the forest ecosystem. They provide minimum acceptable standards for good forest management. Examples of such practices may be found in the publication entitled "Best Management Practices for Pennsylvania Forests," published by Penn State University, College of Agricultural Sciences, dated 1996, or a successor version.
C. FELLINGThe act of cutting a standing tree so that it falls to the ground.
D. LANDINGA place where logs, pulpwood or firewood are assembled for transportation to processing facilities.
E. LITTERDiscarded items not naturally occurring on the site, such as tires, oil cans, garbage, equipment parts and other rubbish.
F. LOPTo cut tops and slash into smaller pieces to allow the material to settle close to the ground.
G. NONCOMMERCIAL 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.
H. SKIDDINGDragging trees on the ground from the stump to the landing by any means.
I. SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps and broken or uprooted trees or shrubs.
J. STANDAny area of forest vegetation whose site conditions, past history and current species composition are sufficiently uniform to be managed as a unit.
K. TIMBER OPERATORAn individual, partnership, company, firm association, corporation or other entity engaged in timbering harvesting, including the agents, subcontractors and employees thereof.
L. TOPThe upper portion of a felled tree that is unmerchantable because of small size, taper or defect.
TIRE STORAGE, BULKThe storage of more than 30 used tires on a lot, except that a tire retail store may include the storage of up to 100 used tires on a lot without being regulated by this term. See "outdoor storage" in §
285-49.
TOWNSHIPWest Lampeter Township, Lancaster County, Pennsylvania.
TRADE/HOBBY SCHOOL or TRADE SCHOOLA facility that a) is primarily intended for education of a work-related skill or craft or a hobby; and b) does not primarily provide state-required education to persons under age 16. Examples include a dancing school, martial arts school, cosmetology school or ceramics school.
TRADESPERSONA person involved with building trades, such as, but not limited to, plumbing, electrical work, building construction, building remodeling, and roofing.
TRANSFER OF DEVELOPMENT RIGHTSAn optional process, authorized under §
285-33, that allows the residential density that would otherwise be allowed on one tract to be transferred to increase the density on another tract. The developer of the second tract compensates the owner of the first tract for preserving his/her land, based upon an agreement negotiated and accepted by both parties.
TREATMENT CENTERA. A use (other than a prison or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:
(1) Criminal rehabilitation, such as a criminal halfway house;
(2) Current addiction to a controlled substance that was used in an illegal manner or alcohol; and/or
(3) A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.
B. See standards in §
285-48. Also, a group home that exceeds the number of residents allowed by this chapter within a group home shall be regulated as a treatment center, unless approved otherwise under §
285-61.
UNIFORM CONSTRUCTION CODE (UCC)The statewide building code adopted by the Pennsylvania General Assembly applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the UCC adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the state floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.
UNREGISTERED VEHICLEA vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than 90 days beyond the expiration date.
USEThe purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.
VARIANCEThe granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code. See §
285-61.
VIOLATIONThe failure of a structure or other development to be fully compliant with the Township'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), (e)(5) is presumed to be in violation until such time as that documentation is provided.
WAREHOUSEA building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.
WATER SERVICE, CENTRALWater supply service to a building by a Township-approved water supply system that serves 20 or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.
WATER SERVICE, ON-LOTWater supply service to a building that does not meet the definition of "central water service," such as but not limited to an individual on-lot well.
WATER SERVICE, PUBLICCentral water service by a system owned and/or operated by a municipality or a municipal authority.
WATERCOURSEA channel or conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WETLANDSAn area of land and/or water meeting one or more definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations.
WINDOW DISPLAYAn exhibit behind a window that is intended to draw attention to a product, service, business or cause.
YARDAn open area unobstructed from the ground to the sky that is not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a minimum setback. Each required yard shall be measured inward from the abutting lot line, existing street right-of-way or setback required from a street under §
285-25, whichever is most restrictive. Regulations of each district prohibit principal and accessory structures within the specified minimum yards.
A. See yard/setback exceptions in §
285-20.
B. Private streets: For a building setback measured from a private street, the setback shall be measured from the existing street right-of-way/easement or 15 feet from the center of the cartway, whichever is more restrictive.
YARD, FRONT or FRONT SETBACKA land area measured a distance from and running parallel to the front lot line, street right-of-way line or setback required by §
285-25, whichever is most restrictive. Such yard shall extend the full width of the lot from side lot line to side lot line.
A. The front yard shall be on a side that faces towards a street, whenever one street abuts the lot. If a lot abuts two streets, the front yard shall be whichever side the front door or front display windows of the principal building faces upon.
B. See §
285-20 concerning yards along corner lots.
C. No accessory or principal structure shall extend into the required front yard, except as provided in this chapter.
D. Every lot shall include at least one front lot line.
YARD, REAR or REAR SETBACKA. A yard extending the full width of the lot, and which is measured from along the rear line, and which establishes the minimum setback for the subject structure, and which stretches between the side lot lines parallel to the rear lot line.
B. A principal building shall not extend into the required rear yard setback for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory structure, except as provided in this chapter.
C. Every lot shall include a rear lot line and a rear yard.
YARD, SIDE or SIDE SETBACKA. A yard which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front setback line to the rear lot line.
B. A structure shall not extend into the applicable minimum side yard setback, except as provided for in this chapter.
C. See "corner lot" provision in §
285-20.
D. A triangular lot shall include one side yard. All other lots shall include at least two side yards, except for a corner lot.
ZONING MAPThe Official Zoning Map of West Lampeter Township, Lancaster County, Pennsylvania.
ZONING OFFICERThe person charged with the duty of enforcing the provisions of this chapter, and any officially designated assistant.