Township of East Whiteland

ABANDONMENT

To cease or discontinue a use or activity for a period of 12 months, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless telecommunications facility or wireless support structure. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar equipment.

ACCESSORY STRUCTURE

See "accessory use."

ACCESSORY USE

A structure or use that:

A. Is clearly incidental to and customarily found in connection with a principal building or use;
B. Is subordinate to and serves a principal building or a principal use;
C. Is subordinate in area, extent, or purpose to the principal building or principal use served;
D. Contributes to the comfort, convenience, or necessity of occupants, business, or industry in the principal building or principal use served; and
E. Is located on the same lot as the principal building or use served.

ADULT

A person who has attained 18 years of age.

ADULT ARCADE

An establishment where, for any form of consideration, one or more motion-picture projectors, slide projectors, or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE

An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:

A. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, DVDs and similar electronic media, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
B. Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ADULT CINEMA

An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium, or similar establishment characterized by activities of which a substantial portion of the presentation time features the exposure of specified anatomical areas or by specified sexual activities.

ADULT USES

Any of the following uses: adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult cinema, adult theater, escort agency, nude model studio, peep show, sexual encounter establishment.

AGRICULTURE

Tilling of the soil, raising of crops, horticulture, and animal husbandry.

AIR STRIP

A paved or cleared strip on which aircraft land and take off. Such an area shall not include charter or leasing of aircraft, aircraft sales, aircraft rental, flight instruction, air freight, or aircraft maintenance and repair.

AIRCRAFT

Any machine or structure supported for flight in the air by buoyancy or by the dynamic action of air on its surfaces, including powered airplanes, gliders, helicopters, ultralights, and hot-air and gas-filled balloons.

AIRPORT

A landing area that may be used for flight operations, including charter or leasing of aircraft, aircraft sales, aircraft rental, flight instruction, air freight, aircraft maintenance and repair, but excluding scheduled airlines.

ALLEY

A public thoroughfare that affords only a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATION

A change or rearrangement in the structural parts or in the existing facilities of a building or structure, or an enlargement, whether by extending on a side or by increasing height, or the moving from one location or position to another.

ALTERATION, STRUCTURAL

See "structural alteration."

ANIMAL EQUIVALENT UNIT

One-thousand-pounds live weight of livestock or poultry, regardless of the actual number of individual animals comprising the unit.

ANIMAL HOSPITAL

A building used by a veterinarian for the treatment, housing, or boarding of small domestic animals, such as dogs, cats, rabbits, and birds or fowl.

ANIMATED SIGN

A sign which includes action, motion, or color changes, or the optical illusion of action, motion or color changes, including signs set in motion by movement of the atmosphere or made up of a series of sections that turn. An animated sign exists whenever such sign contains kinetic or illusionary motion.

ANTENNA

Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

ANTENNA

Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves located out of doors or attached to the exterior of any building.

ASSISTED LIVING FACILITY

A facility for the housing and personal care of persons age 55 or older who require only intermittent care to maintain the basic needs of daily living, including hygiene, cooking, cleaning, eating, nutrition, ambulatory care, recreation, community activities, and mobility, general safety, and similar activities of daily living. An assisted living facility may include elements of a rest home or convalescent home, but shall not include a nursing home, continuing care retirement community, halfway house, group home, drug or alcohol rehabilitation center, or similar facilities.

BARN

A building for storing livestock, forage, crops, or machinery associated with agricultural activities occurring on the same tract of land as the building in question.

BASE FLOOD

A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or one-percent-annual-chance flood).

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year.

BASE STATION

A structure or equipment at a fixed location that enables Federal Communications Commission licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this section or any equipment associated with a tower.

(1) The term includes, but is not limited to, equipment associated with wireless communications services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul.
(2) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
(3) The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this section, supports or houses equipment described in Subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(4) The term does not include any structure that, at the time the relevant application is filed with the Township under this section, does not support or house equipment described in Subsection (1) or (2) of this definition.

BASEMENT

Any area of a building having a floor below ground level on all sides.

BED-AND-BREAKFAST

A single-family detached dwelling where between one and five sleeping accommodations are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

BOAT

A vehicle for traveling in or on water.

BREWERY

A building where the brewing, distilling, processing and production of beer, malt, distilled and related alcoholic beverages occurs on site in accordance with the Pennsylvania Liquor Code and in compliance with the requirements of the Pennsylvania Liquor Control Board. The term may or may not include an area for the consumption of such beverages.

BREWPUB

A restaurant in which beer or malt beverages, wine, and other alcoholic beverages are manufactured, brewed or distilled on site for retail purchase only and which establishment is licensed and operated in accordance with the Pennsylvania Liquor Code and in compliance with the requirements of the Pennsylvania Liquor Control Board.

BUFFER

A landscaped area intended to separate and sometimes partially or fully obstruct the view of two adjacent land uses or properties from one another. Unless otherwise specified, buffers may be included as part of required setbacks and yard areas.

BUILDING

A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

BUILDING AREA

The aggregate of the maximum horizontal cross-section area of the buildings on a lot, excluding projections as permitted in conformance with Article II of this chapter.

BUILDING COVERAGE

The percentage of the lot area covered by the legally prescribed building area.

BUILDING ENVELOPE

That portion of a lot in which buildings may be erected, as determined by the minimum required front, side, and rear yard setbacks.

BUILDING LINE

The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line.

BUILDING SETBACK

A. FRONT YARD BUILDING SETBACK LINE — The line parallel to the public street ultimate right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public street right-of-way shall be considered front yards.
B. SIDE YARD — The required open space extending along the side lot line from the front yard to the rear yard.
C. REAR YARD — The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.

CALIPER

The diameter of a tree trunk measured at a point 4 1/2 feet from the ground surface at the center of the base of the tree (also known as "DBH").

CAMPING GROUND

A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary, or seasonal nature, including a travel trailer camp or travel trailer court.

CARPORT

A roofed area projecting from the side of a building or standing alone, used as a shelter for motor vehicles.

CARTWAY

That area of a road or other street within which vehicles are permitted, including travel lanes, but not including shoulders, curbs, gutters, sidewalks, or drainage swales.

CEMETERY

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. Crematories are excluded from cemeteries.

CHURCH

A building or group of buildings, including customary accessory buildings, designed or intended for organized religious services. For the purpose of this chapter, the word "church" shall include chapels, cathedrals, synagogues, temples, mosques and similar designations.

CLINIC

A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

CLINIC or MEDICAL CLINIC

A facility licensed by the Pennsylvania Department of Health which provides specialty or multispecialty outpatient surgical treatment which does not require hospitalization but does require constant medical supervision following the surgical procedure performed. The surgical treatment and supervision shall require less than a twenty-four-hour stay at the facility. Patients may be permitted to stay at the facility for an additional period of 72 hours for physical rehabilitation, therapy, and recovery directly associated with the surgery.

CLUB

A private, noncommercial, and not-for-profit association or corporation, organized and engaged in common recreational, swimming, and social purposes or other common objectives related to community, charitable, educational, or political purposes and consisting solely of a limited membership that operates and controls the association or corporation, excluding churches, synagogues, or other houses of worship.

CLUSTER DEVELOPMENT

A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.

CO-LOCATION

The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

COMMERCIAL USE

An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

COMMON OPEN SPACE

See "open space."

COMMUNITY CENTER

A place, structure, area, or other facility used for and providing social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

COMPLETELY DRY SPACE

A space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONCENTRATED ANIMAL OPERATIONS

Agricultural operations that exceed an animal density of two animal equivalent units per acre.

CONDITIONAL USE

A use permitted in a particular zoning district by the Board of Supervisors pursuant to the provisions of this chapter and Article VI of the Pennsylvania Municipalities Planning Code.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions and organized in accordance with the Pennsylvania Uniform Condominium Act.

CONFERENCE CENTER

A facility that is constructed for and devoted to formal meetings and meeting space.

CONTAMINATED AREA

A portion of a lot or tract identified by agencies of the state or federal government as being environmentally contaminated or where pollutants exceed the applicable state or federal standards for the proposed use of the property.

CONTINUING CARE RETIREMENT COMMUNITY

A residential community designed to provide independent and assisted living arrangements for person(s) aged 55 years and older as part of a planned community that also provides nursing services, medical services, and other health-related services pursuant to an agreement effective for the life of the resident.

CONVALESCENT HOME

A facility that provides a temporary residence and nursing care for persons recovering from an illness or injury. A convalescent home does not include a halfway house, drug or alcohol rehabilitation center, or similar facilities.

CREMATORIUM

A facility used for the disposal of human remains by cremation.

DAY CARE, ADULT

A facility licensed by the Pennsylvania Department of Aging which provides supervised care and assistance, including a variety of health, social and support services, to functionally and/or cognitively impaired adults.

DAY CARE, CHILD

A facility licensed by the Pennsylvania Department of Public Welfare which exclusively provides supplemental care or supervision and/or instruction to children under the age of 14 during the entire day or any portion of the day.

DEMOLITION

Destruction of a building or structure, all or in part, whether systematic or by neglect. Demolition shall include the extensive removal or stripping of significant interior or exterior architectural features and leaving a building or structure open or vulnerable to vandalism or decay by the elements.

DEVELOPABLE ACREAGE

The gross acreage of a tract or lot minus the area of public rights-of-way, utility easements or rights-of-way, environmentally sensitive areas, and contaminated areas which have not been remediated in accordance with applicable state and federal standards. All development standards within the applicable zoning district shall be calculated based on developable acreage of a lot or tract, unless otherwise noted.

DEVELOPER

Any landowner, equitable owner or authorized agent of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling; grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DEVELOPMENT PLAN

The provisions for the development of a residential, commercial, or industrial site prepared in accordance with this chapter, including, but not limited to, a plat of subdivision, location of various uses, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, streets, parking facilities, common open space, and public facilities. The phrase "provisions of the development plan" when used in this chapter, shall mean both the verbal and graphic materials referred to in the proposal.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area of the structure; also known as "small cell networks."

DISTRICT

An area that includes all buildings, lots, and tracts within certain designated boundaries as indicated on the Zoning Map or Maps.

DRIVE-IN FACILITY

An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product while remaining in an automobile.

DRIVEWAY

A private way providing for vehicular and pedestrian access between a public street and a parking area within a lot or tract.

DWELLING

A building or portion thereof that is used exclusively for residential purposes:

A. SINGLE-FAMILY DETACHED DWELLING — A building designed for and occupied by one family and having no wall in common with an adjoining building.
B. TWO-FAMILY DWELLING — A building designed for and occupied by two families.

(1) TWIN OR SEMIDETACHED — A building with one unit on each side of a common wall.
(2) DUPLEX — A building with one unit placed above the other so that they share a common horizontal partition.

C. SINGLE-FAMILY ATTACHED DWELLING — A building containing not more than six dwelling units separated by parallel party walls, each of which has only one dwelling from ground to roof, independent outside access, not more than two walls in common with adjacent units and open-space exposures to the front and rear (internal units) or front, rear and one side (end units). Such dwellings shall include, but not be limited to, the following types: triplex, quadruplex, townhouses (in rows of no more than six units).
D. MULTIFAMILY DWELLING — A building designed for and occupied by more than two families. Such dwellings shall include, but not be limited to, the following types: townhouses (in rows of more than six units), stacked townhouses, multiplex, garden apartments, midrise apartments.

DWELLING UNIT

Two or more rooms used exclusively for occupancy by one person or family, containing living, sleeping, cooking, and bath facilities for the use of and under the control of the occupants.

EASEMENT

A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.

ELECTRICAL SUBSTATION

Building or structures and equipment erected and used for the purpose of transmission, switching, or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities, or housing of repair crews, such buildings or structures being appropriately planted or screened to blend the installation with the surrounding landscape.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving co-location of new transmission equipment; removal of transmission equipment; or replacement of transmission equipment.

EMERGENCY

A condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public or has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EMPLOYEE, SEXUALLY ORIENTED BUSINESS

A person who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. "Employee, sexually oriented business" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

ENVIRONMENTALLY SENSITIVE AREA

An area consisting of any of the following:

A. Floodplain areas, as defined in this chapter and as regulated by § 200-55: Flood hazard districts.
B. Areas of steep slope and very steep slope, as defined in this chapter and as regulated by § 200-57: Steep slope protection.
C. Areas identified as wetlands, as defined in this chapter and in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual.
D. Riparian buffer areas, as defined in this chapter and as regulated by § 200-56: Riparian buffer protection..

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY

A person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

ESSENTIAL SERVICES

The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies or private corporations under contract to a municipality, of gas, electrical, steam or water transmission or distribution system, and sewer and solid waste disposal systems, including buildings, enclosures, wells, pumping stations, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic light signals, hydrants, sanitary landfills, incinerator waste disposal areas, and other similar equipment and accessories and services in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or private corporations under contract to a municipality, including firehouses of fire companies and emergency services under agreement with the municipality or for the public health or safety or general welfare.

ESSENTIALLY DRY SPACE

A space that will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

ESTABLISHMENT, SEXUALLY ORIENTED BUSINESS

Any of the following:

A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The addition of any sexually oriented business to any other sexually oriented business; or
D. The relocation of any sexually oriented business.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A 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 before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured 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).

FAMILY

One or more individuals related by blood, marriage, legal guardianship, licensed or court-appointed foster care, or legal adoption living in a dwelling as a single housekeeping unit; or a maximum of three persons who are not related to each other by blood, marriage, legal guardianship, licensed or court-appointed foster care, or legal adoption living in a dwelling as a single housekeeping unit, with limited exception for persons possessing a handicap and living together in a group home, as defined in this article, and within the meaning of the Fair Housing Act, 42 U.S.C. § 3602(h) as amended. A family does not include group living situations such as student housing, dormitories, fraternities, sororities, monasteries, nunneries, boarding or rooming houses.

FEMA

The Federal Emergency Management Agency.

FENCE

The enclosing or dividing framework for land, yards, or gardens; a barrier of posts, wire, or other suitable materials.

FENCE, WIRE

A fence consisting of, except for basic structural support, a series of longitudinal and transverse wires arranged at right angles to each other and welded or otherwise joined together at all points of intersection. Openings in such a fence shall be a minimum of 24 square inches.

FIRM

The Flood Insurance Rate Map prepared by FEMA that became effective on September 29, 2006.

FLASHING AND MESSAGE SIGN

A sign which permits light to be turned on or off intermittently, or any illuminated sign on which such illumination is not kept stationary or constant in intensity or color at all times when such sign is in use, including an LED (light-emitting diode) or digital sign. A flashing or message sign occurs whenever such signs include lights or messages which change, flash, blink or turn on and off intermittently, with the exception of such signs which are limited exclusively to time and temperature displays, with no other text or image.

FLOOD

A temporary inundation of normally dry land.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

FLOODPLAIN

A relatively flat or low land area that 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.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODWAY

The 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.

FLOOR AREA RATIO

Determined by dividing the gross floor area of all buildings on a lot by the developable acreage of that lot.

FLOOR AREA, GROSS

The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars or basements, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

FOOTCANDLE

A unit of illumination equal to one lumen per square foot. (one footcandle equals 10.76 lux).

FRONTAGE

The length of any one property line of a premises, which property line abuts a legally accessible street right-of-way.

FT. WORTH ATTACHMENT

A nonfreestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

FUNERAL HOME

A. A building or part thereof used for human funeral services. Such building may contain space and facilities for:

(1) Embalming and the performance of other services used in preparation of the dead for burial;
(2) The performance of autopsies and other surgical procedures;
(3) The storage of caskets, funeral urns, and other related funeral supplies; and
(4) The storage of funeral vehicles.

B. Where a funeral home is permitted, a funeral chapel shall also be permitted.

GAME PRESERVE

An enclosed area of land of at least one acre, for the not-for-profit protection and managed care of wildlife.

GARAGE PRIVATE

An accessory building or part of a permitted principal building capable of the storage of automobiles or trucks owned and used by the owner or tenant of such building. Such building shall not be utilized at any time for commercial or business purposes.

GARAGE, COMMERCIAL

A building other than a private garage, one or more stories in height, used for the storage, maintenance, and repair of motor vehicles.

GARAGE, STORAGE

A building, not a private or commercial garage, used solely for the temporary parking or storage of motor vehicles and not intended for the sale of gasolines or other flammable products.

GASOLINE SERVICE STATION

A lot or area of land, together with any structure thereon, used for the retail sale of motor fuel and lubricants, and incidental services such as the sale, installation, or minor repair of tires, batteries, or other automotive accessories.

GLARE

A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and visibility.

GLARING SIGNS

A sign with light sources or which reflect brightness in a manner which constitutes a distraction to passing motorists or a nuisance to adjacent property owners, including signs with fluorescent text, graphics or background, as well as holographic signs.

GOLF COURSE

An organized, unlighted area of land containing a minimum of 40 contiguous acres, a minimum of nine holes, and a minimum total fairway length of 3,000 yards, constructed in accordance with PGA and USGA standards.

GOVERNING BODY

The Board of Supervisors of East Whiteland Township, Chester County, Pennsylvania.

GRADE

The average of the finished ground level at the center of all walls of a building. In cases where walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

GREENHOUSE

An enclosed building used for the cultivation of plants.

GROUND ARRAY

An arrangement of solar panels or solar energy system including frames directly supported by the ground and not mounted on a building.

GROUND FLOOR

The floor of a building nearest the mean grade of the front of the building.

GROUP HOME

A dwelling inhabited by handicapped persons, within the meaning of the Fair Housing Act, as a single housekeeping unit. Such group home shall not exceed the dwelling's maximum allowable occupancy as permitted by the Township's Code; either provide nonroutine support services and oversight to persons who need such assistance to avoid being placed in an institution because of a physical, mental, or developmental disability, or old age; or be occupied by the individuals who meet the definition of "handicapped" as defined by applicable federal law. For purposes of the Zoning Code, group homes shall be permitted and regulated as the applicable residential dwelling type.

HABITABLE FLOOR AREA

The floor area within exterior walls designed for year-round human occupancy, excluding garages, accessory buildings, basements, attics, patios, and porches.

HAZARDOUS MATERIALS

Materials identified by characteristics, source, or specific substance as found in 25 PA Code Chapter 75, Subchapter D, and 40 CFR Chapter 261. A hazardous material may:

A. Cause or contribute significantly to an increase in mortality or morbidity in either an individual or the total population; and/or
B. Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise mismanaged.

HEIGHT OF BUILDING

A building's vertical measurement from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks, and similar projections shall not be included in calculating the height.

HEIGHT, WIRELESS COMMUNICATIONS FACILITY (WCF)

The vertical measurement from the mean level of the ground surrounding the WCF if ground-mounted, or the higher of a roof or parapet if building-mounted, to the highest part of the WCF, monopole, tower or other wireless support structure.

HELIPORT

An area to accommodate landings, take-off, and storage of helicopters. Such an area may also include support services, such as fueling, maintenance equipment, and storage hangers.

HISTORIC RESOURCE

Any building, structure, architectural ruin, cemetery, road, road corridor, bridge, marker, fence, sign, tree, hedgerow, site, encampment, district, passage, object, or vista contained on the List and/or Map of Historic Resources as adopted by resolution of the Board of Supervisors and as may be amended by resolution of the Board of Supervisors.

HISTORIC STRUCTURE

Any structure that is:

A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C. Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior; or
D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1) By an approved state program as determined by the Secretary of the Interior; or
(2) Directly by the Secretary of the Interior in states without approved programs.

HISTORICAL COMMISSION

An agency of East Whiteland Township as duly appointed for specified terms by the Board of Supervisors of East Whiteland Township for duties including those prescribed in Article X, § 200-58, Historic Resources Protection, of this chapter.

HOME DAY CARE

A home occupation that is permitted as an accessory use to a single-family detached dwelling by special exception pursuant to the provisions in § 200-27 of this chapter.

HOME OCCUPATION

Any single lawful commercial use of a dwelling unit as customarily incidental and accessory to a permitted residential use, conducted by any person who makes the residence his or her primary dwelling.

HOSPITAL

An institution that:

A. Is primarily engaged in providing, by or under the supervision of physicians, to inpatients:

(1) Diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons; or
(2) Rehabilitation services for the rehabilitation of injured, disabled, or sick persons.

B. Maintains clinical records on all patients.
C. Has bylaws in effect with respect to its staff of physicians.
D. Has a requirement that every patient must be under the care of a physician.
E. Provides twenty-four-hour nursing service rendered or supervised by a registered professional nurse and has a licensed practical nurse or registered professional nurse on duty at all times.
F. Is licensed as a hospital pursuant to the laws of the Commonwealth of Pennsylvania or is approved by the agency of the Commonwealth of Pennsylvania or locality covering East Whiteland Township responsible for licensing hospitals as meeting the standards established for such licensing.

HOSPITAL, ANIMAL

A structure used for the care and treatment of sick or wounded domestic animals.

HOSPITAL, SPECIALTY

An institution that:

A. Specializes in providing, by or under the supervision of physicians, diagnostic and surgical services for medical diagnosis, treatment, and care to individuals who are expected to have a stay that does not exceed 96 hours.
B. Maintains clinical records on all patients.
C. Has bylaws in effect with respect to its staff of physicians.
D. Has a requirement that every patient must be under the care of a physician.
E. Provides twenty-four-hour nursing service rendered or supervised by a registered professional nurse and has a licensed practical nurse or registered professional nurse on duty at all times.
F. Does not provide an emergency department.
G. Is licensed as a hospital pursuant to the laws of the Commonwealth of Pennsylvania.

HOTEL, MOTEL, or INN

A building or group of buildings containing a specified number of guest rooms especially designed for the temporary lodging of guests. Such establishment shall furnish to the occupants customary services, such as housekeeping service and the furnishing and laundering of linen. Eating facilities may be added as an accessory use to the hotel, motel, or inn.

IDENTIFIED FLOODPLAIN AREA

The floodplain area specifically identified in this chapter as being inundated by the base flood.

IMPERVIOUS SURFACE

Any surface on a lot that blocks or impedes the natural percolation of water. Examples include, but are not limited to, structures, including eaves, roofs, and roof overhangs; parking areas; driveways; sidewalks; patios; sport courts; and pools. Unless specifically stipulated within this chapter, semipervious paving surfaces shall be considered as being impervious for the purpose of measuring allowable impervious coverage. Walking trails and/or frontage sidewalks shall not be considered as being impervious for the purpose of measuring allowable impervious coverage but shall be considered as such for the purpose of stormwater management calculations.

IMPROVEMENTS

Physical additions and changes to land, such as grading, paving, curbing, fire hydrants, water mains, sanitary sewers, capped sewers, storm sewers, storm drains, catch basins, culverts, sidewalks, monuments, crosswalks, bridges, earthworks, streetlights, street trees, other plantings, and other structures.

IN-LAW SUITE

A self-contained attached residential dwelling unit resulting from the conversion of an existing single-family detached dwelling into two dwelling units and inhabited by persons related by blood, marriage or adoption to the owners who live in the primary dwelling unit. The accessory unit shall contain a kitchen and bath facilities, have direct access to the outdoors or to a hall from which there is direct access to the outdoors, and be physically subordinate to the primary unit that exists in the dwelling.

INSTITUTIONAL USE

Any use of land, buildings, and structures for educational, religious, social, or health care facilities, including dependent, family and group care facilities; clinics and hospitals; schools for basic and higher education; churches and other places of worship; child-care centers including day camps; cemeteries, and any philanthropic use.

INTERMITTENT SIGN

A sign which permits light to be turned on or off intermittently more frequently than once every 12 hours or which is operated in a way whereby light is turned on or off intermittently more frequently than once every 12 hours, including any illuminated sign on which such illumination is not kept stationary or constant in intensity or color at all times when such sign is in use, including an LED or digital sign which varies in intensity or color more frequently than once every 12 hours.

JUNKYARD

A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running conditions, and for the sale of parts thereof.

KENNEL

A use of land, except when related to farming, where three or more animals are kept, boarded, raised, bred, treated, or trained for a fee.

LAND DEVELOPMENT

Any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

B. A subdivision of land.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.

LANDSCAPING

The planting of turf grass or other appropriate ground cover in all open areas of a tract or lot, and in addition, the planting of evergreen and deciduous trees and shrubs, including the maintenance and replacement thereof, for the control of erosion, improvement of air quality, neutralization of wastewater, stabilization of the groundwater table, moderation of microclimate, protection of wildlife, and promotion of human comfort.

LAWN AND GARDEN CENTER

A retail establishment for the sale of lawn and garden supplies directly to the consumer, including but not limited to, indoor and outdoor equipment and tools, furniture, construction materials, fertilizers and lawn and garden chemicals, plants, trees, shrubs, sod, and seeds. Outdoor display and sale of goods and outdoor warehousing of the same in a fence-enclosed area shall be permitted, provided that any display, sale, or warehousing area shall not be permitted within the required setbacks of the district and may not occupy areas reserved for required parking, open space, buffers, or loading areas.

LOADING SPACE

An off-street parking space on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

LOT

One duly recorded plot or parcel of land on which permitted uses or buildings and accessory uses or buildings may be placed, together with the required yards and areas required by this chapter, not including any land within the limits of a street right-of-way upon which said lot abuts, even if a portion of the right-of-way is maintained by the owner of the lot.

LOT AREA

The area of land contained within the property lines of a lot, including the area of any easement, but excluding any area with an existing or designated future road right-of-way.

LOT COVERAGE

The percentage of the lot area that is occupied by the building area ("building coverage") or occupied by impervious surfaces ("impervious coverage").

LOT DEPTH

The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT FRONTAGE

The distance measured along the street line of the lot abutting a public road, street, or highway.

LOT LINE

A property boundary line shown on a recorded plan or described in a recorded deed. In the case of any lot abutting a street, the lot line for the portion of the lot abutting the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street right-of-way.

A. FRONT LOT LINE — The lot line abutting a street and coinciding with the street line. In the case of a corner lot, both street lines shall be deemed the "front lot line."
B. REAR LOT LINE — A lot line opposite and most distant from the front lot line. If the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, between the side lot lines, parallel to and at the maximum distance from the front lot line. For a corner lot, of the two lot lines opposite the front lot lines, that which is most distant will be the "rear lot line."
C. SIDE LOT LINE — Any lot line that is not a street line or a rear lot line.

LOT WIDTH

The horizontal distance measured between the side lot lines at the required or proposed building setback line. In the case of a unit of a twin or semidetached dwelling, the lot width shall be measured between the side lot line and the center line of the party wall, and, in the case of a unit of a single-family attached dwelling the lot width shall be measured either between the side lot line and the center line of the party wall or between the center lines of adjacent party walls. In each of the aforementioned cases involving party walls, the center line of the party walls shall be construed as a side lot line.

LOT, CORNER

A lot abutting upon two or more streets, or upon two parts of the same street, forming an interior angle of less than 135°.

LOT, NONCONFORMING

A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the current requirements of the zoning district in which it is located.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement) of a building. An unfinished, flood-resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of § 200-55 of this chapter.

LUX

A unit of illumination equal to one lumen per square meter (1 lux equals .0929 footcandle).

MANUFACTURED HOME

A structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles that are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME PARK

A parcel of land under single ownership that has been planned and improved for the placement of two or more manufactured homes for nontransient use.

MEDICAL OFFICE

An office where a licensed medical professional or a licensed health care professional receives, diagnoses, provides medication to and treats patients on an outpatient basis, including performing minor surgical procedures, diagnostic services or nonsurgical treatments where the treatment and supervision of the patient requires less than a twenty-four-hour stay, whether or not these services require licensure as a hospital under state law. A medical office shall include, but is not limited to, an urgent care center and office of a dentist or physician.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent, that is extracted by surface mining. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, vermiculite, and clay.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purposes of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting away of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MOBILE HOME

See "manufactured home."

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

MOBILE HOME PARK

See "manufactured home park."

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunication facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MONOPOLE

A tower which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after June 11, 1984, and includes any subsequent improvements thereto. For floodplain management purposes, "new construction" is defined as structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after June 1, 1989, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A 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 a community.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use that is clearly secondary to the use as a residential dwelling and that involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.

NONCONFORMING STRUCTURE

A structure that lawfully exists on the effective date of this chapter that could not be built under this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot.

NONCONFORMING USE

A use, whether of land or of structure, that does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.

NONTOWER WIRELESS COMMUNICATIONS FACILITIES (NONTOWER WCF)

Wireless communications facilities other than tower-based wireless communications facilities.

NUDE MODEL STUDIO

Any place where a person who appears seminude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college, or university supported entirely or in part by public taxation; a private college or university that maintains or operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
B. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
C. Where no more than one nude or seminude model is on the premises at any one time.

NUDITY or A STATE OF NUDITY

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

NURSING HOME

An institution that is licensed as a nursing home pursuant to the laws of the Commonwealth of Pennsylvania or is approved by the agency of the Commonwealth of Pennsylvania or locality covering East Whiteland Township responsible for licensing institutions of this nature as meeting the standards established for such licensing.

ODOR, NOXIOUS

An airborne emission that creates a nuisance.

OFFICE

A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

OPEN SPACE

A parcel or parcels of land, which may include an area of water or a combination of land and water, logically interrelated and interconnected, and designed and intended for the use and enjoyment of the residents of the development and/or community, not including streets, stormwater management facilities, required off-street parking areas, and required yards. Open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of the residents served thereby.

PARK

A parcel of land designated for outdoor enjoyment that is open and may include such facilities as play area, bike trails, hiking paths, and family picnic areas.

PARKING SPACE

A reasonably level space, available for the temporary parking of one motor vehicle, exclusive of passageways, driveways, or other means of circulation or access. A parking space shall include either covered garage spaces or uncovered parking lot space located off the street right-of-way. Such spaces may include, but not be limited to, parking lots, private garages, or, when permitted, other structures and accessories or service facilities or facilities above or under the ground.

PARTY WALL

A fire wall on an interior lot line used or adapted for joint service between two buildings.

PAVED AREA

A portion of land paved with a weatherproof surface for parking space, driveways, or streets.

PEEP SHOW

The presentation of material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activity or specified anatomical areas for observation by parties in a viewing booth.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE

Pennsylvania Act 247 of 1968 (P.L. 805) as amended, also cited as 53 P.S. § 10101 et seq. or any subsequent act of the Commonwealth of Pennsylvania that replaces, supplements, or repeals any or all of the provisions of Act 247.

PERMANENT OPEN SPACE

See "open space."

PERMIT

A document issued by the Zoning Officer of East Whiteland Township authorizing an applicant to undertake certain activities, as further defined below:

A. BUILDING PERMIT — A permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any Building Code that may be adopted by East Whiteland Township and authorizing an applicant to commence said construction, alteration, or reconstruction.
B. CERTIFICATE OF OCCUPANCY — A certificate issued upon completion of the construction of a structure, or changes in use of a structure or parcel of land, indicating that the premises comply with the provisions of this chapter and other regulations of East Whiteland Township and may be used for the purposes set forth in the certificate.
C. ZONING PERMIT — A permit issued indicating that a proposed use, building, or structure is in accordance with the provisions of this chapter or with an order of the Zoning Hearing Board and authorizing the applicant to proceed with said use, building, or structure.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility, or any other legal entity whatsoever that is recognized by law as the subject of rights and duties.

PLANNING COMMISSION

An agency of East Whiteland Township as duly appointed for specified terms by the Board of Supervisors of East Whiteland Township for duties as prescribed in the Pennsylvania Municipalities Planning Code.

PLANTINGS; PLANTING SCREEN

Trees, shrubs, and ground covers that are installed and maintained in accordance with a landscaping plan approved by the Board of Supervisors.

POLLUTANT

Any material that, when present in land or water, shall render that medium (either because of the nature or quantity of the material) unacceptable for its intended use, including, but not limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, chemical wastes, biological materials, radioactive materials, heat, sand, cellar dirt, and industrial, municipal, and agricultural wastes.

PRINCIPAL USE

The main use of land or structures, as distinguished from a secondary or accessory use.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code; an administrative proceeding conducted by the Zoning Hearing Board or Board of Supervisors pursuant to the Municipalities Planning Code.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC UTILITY

An electric or gas utility substation (exclusive of storage facilities), public transit facility, railroad electric substation, public utility station for oil or gas metering or regulating (exclusive of storage facilities), telephone exchange, or other communications equipment structures, and water or sewage pumping station.

RACE CAR

A vehicle being constructed, modified, maintained or repaired for the purpose of racing on a sanctioned drag strip or race course. The term includes, but is not limited to, stock cars, race cars, race trucks, figure eight cars, demolition derby cars, drag race cars, off-road race cars or sprint cars.

RECREATION, ACTIVE

A use of land equipped and designated for activities by individuals or groups participating in one or more of the following activities: individual athletic activity, organized athletic/sports' activities by groups or teams, whether formal or informal, group picnics, theatrical events, national holiday events and similar formal activities.

RECREATION, PASSIVE

A use of land designated for pastoral enjoyment and low-intensity recreational activities such as walking trails, nonmotorized biking, running, roller-blading, picnic areas, bird-watching and similar activities. A passive recreational use is not intended to be used for organized athletic activities or events by individuals or athletic teams or clubs or for group picnics, theatrical events, national holiday events and similar formal group activities.

RECREATIONAL VEHICLE

See "vehicle, recreational."

REGULATORY FLOOD ELEVATION

The base flood elevation plus a freeboard safety factor of 1.5 feet.

RELIGIOUS USE

A use involving a structure or place in which worship and ceremonies pertaining to a particular system of beliefs are held.

REPETITIVE LOSS

Flood-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 average, equals or exceeds 25% of the market value of the structure.

REPLACEMENT

The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

REST HOME

A facility for the care of persons aged 55 or older, or persons with a physical condition that renders them frail and unable to care for themselves, and providing skilled or unskilled nursing care, common dining, recreation, and the like.

RESTAURANT

An establishment that prepares and cooks food for the public to be consumed on or off the premises. The cooking facilities shall be located in the principal structure.

RIGHT-OF-WAY

A strip of land occupied or intended to be occupied by street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.

RIGHT-OF-WAY (ROW)

The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

RIGHT-OF-WAY, ULTIMATE

The expected future right-of-way width for a public street, computed from the center line of an established right-of-way and delineated by a line parallel to the center line.

RINGELMANN NUMBER

The number of the area on a Ringelmann chart that most nearly matches the light-obscuring capacity of smoke as described in the U.S. Bureau of Mines Information Circular No. 6888. Smoke below the density of Ringelmann No. 1 shall be considered as Ringelmann No. 0 or no smoke.

RIPARIAN BUFFER AREA

A corridor adjacent and generally parallel to any permanent or intermittent stream, river, brook, or creek, measured 35 feet from the top of each streambank or riverbank.

SEMINUDE or IN A SEMINUDE CONDITION

The state of dress in which clothing partially or opaquely covers specified anatomical areas.

SENSITIVE SITE

Any property, parcel, tract, lot, or portion thereof identified on the Other Sensitive Sites Map in the East Whiteland Township Comprehensive Plan, adopted December 18, 2001, and as may be amended by the Board of Supervisors, or identified by agencies of the federal or state governments as being environmentally contaminated.

SETBACK

The required minimum horizontal distance between the building line and the related front, side, or rear property line.

SEWAGE

Any substance that contains any of the waste products or excrementitious matter or other discharge from the bodies of human beings or animals and laundry, bathroom, and kitchen wastewater.

SEWER FACILITY, CENTRAL

A system, whether publicly or privately owned, for the collection of sewage from two or more lots, and for the treatment or disposal of the sewage on one or more of the lots or at any other site.

SEXUAL ENCOUNTER ESTABLISHMENT

An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person engages in sexual therapy that he or she is licensed to perform.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter establishment.

SIGHT TRIANGLE

A triangular-shaped area of unobstructed vision at the intersection of any combination of streets, roads, rights-of-way, private roads, alleys, or driveways. Two sides of the triangle shall be considered to extend 15 feet horizontally from the intersection of the vehicle traveled areas, unless otherwise specified. The height of the sight triangle area shall be considered to be from 36 inches above grade to 10 feet above grade.

SIGN

Any permanent or temporary structure or part thereof inclusive of but not limited to flags, banners, or whirly gigs or any device attached, painted, or represented directly or indirectly on a structure or other surface that shall display or include any letter, word, insignia, flag, or representation used as or that is in the nature of an advertisement, announcement, visual communication, direction, or is designed to attract the eye or bring the subject to the attention of the public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property, and cornerstones built into or attached to a wall of a building shall not be construed to be "signs."

SIGN, BILLBOARD

See "sign, off-premises."

SIGN, OFF-PREMISES

A sign advertising activities, services, products, or uses not located made, sold, used, or served on the premises displaying such a sign.

SINGLE HOUSEKEEPING UNIT

One or more individuals living and cooking together in a dwelling, on a nontransient basis and sharing household responsibilities and activities, which may include sharing living expenses, chores, eating meals together and participating in recreational activities and having a close social, economic, and psychological commitment to each other.

SITE

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

SLOPE

The ratio of a change in elevation (rise) over a horizontal distance (run) as measured between four consecutive two-foot contour lines. The ratio of a slope shall be expressed as a percentage.

SMALL WIND ENERGY SYSTEM

A device that produces electricity from wind and has a nameplate capacity of 10 kilowatts or less and a rotor size of one meter or less in diameter.

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

SOLID WASTE

All refuse, including garbage and trash, and all material which is putrescible and originating from the preparation, cooking, and consumption of food and market produce.

SPECIAL EVENT

An assembly of people for the purpose of business or public amusement or entertainment, reasonably anticipated to number 200 or more participants for a continuous period of two hours or more.

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code.

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99 or AH.

SPECIFIED ANATOMICAL AREAS

Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discemibly turgid state, even if completely covered.

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
C. Excretory functions as part of or in connection with any of the activities set forth in Subsections A and B above.

START OF CONSTRUCTION

Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STEALTH TECHNOLOGY

State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

STEEP SLOPE

An area of land that is characterized by a slope of 15% or more. This term shall apply only to steep slopes that are naturally occurring and shall exclude steep slopes that are man-made as a result of previous grading and earthmoving activities, except as outlined in § 200-57.

STEEP SLOPE, VERY

An area of land that is characterized by a slope of 25% or more. This term shall apply only to very steep slopes that are naturally occurring and shall exclude steep slopes that are man-made as a result of previous grading and earthmoving activities, except as outlined in § 200-57.

STORAGE

The keeping of new or used products, merchandise, materials, equipment or vehicles for a continuous period greater than eight hours. Excluded from this definition are the following:

A. Equipment, vehicles, and materials that are used in connection with a construction project during the period of construction;
B. The parking of no more than two vehicles, not including tractor trailers, that are used by a commercial or industrial establishment, located within the Township, for delivery, pickup, or other business purpose or in connection with the conduct of any business within the Township;
C. The unloading or loading of vehicles that are parked against a building so that all activity occurs within the building.

STORAGE FACILITY, SELF-SERVICE

A building consisting of individual, compartmentalized, self-contained units that are leased or owned for the storage of business and household goods or contractor's supplies.

STORY

The space between the surface of two successive floors in a building or between the top floor and the ceiling or underside of the roof framing. The number of stories shall be counted at the point from which the height of building is measured. For the purpose of determining the maximum number of permitted stories, the term "story" shall not include cellars, stair or elevator penthouses, or other roof structures, provided the total area of all roof structures located above the top story does not exceed 1/3 of the total roof area.

STORY, HALF

A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not over two feet above the finished floor of such story.

STREET

A right-of-way, municipally or privately owned, serving as a means of vehicular and pedestrian travel and furnishing access to abutting properties and space for sewers and public utilities.

STREET LINE

The line dividing a lot from a street.

STREET, ARTERIAL

Major and minor arterials as designated by the Circulation Plan of the East Whiteland Township Comprehensive Plan.

STREET, COLLECTOR

Collectors and minor collectors as designated by the Circulation Plan of the East Whiteland Township Comprehensive Plan.

STREET, LOCAL

A street or road used primarily as the principal means of access to adjacent residential properties.

STRUCTURAL ALTERATION

Any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams, or girders, or any change that would convert an existing building into a different structure or adapt it to a different use, or that, in case of a nonconforming use, would prolong the life of such use.

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land. For floodplain management purposes, "structure" is defined as a walled and roofed building, including a gas or liquid storage tank that is principally aboveground, as well as a manufactured home.

SUBDIVISION

The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building, or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

(1) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(4) It entails any excavation or deployment outside the current site.

SUBSTANTIAL DAMAGE

Damage 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 damaged occurred.

SUBSTANTIAL ENLARGEMENT

See "substantial improvement."

SUBSTANTIAL IMPROVEMENT

Any 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 that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or
B. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."

SURFACE MINING

The extraction of minerals from the earth, from waste or stockpiles, or from pits or from banks by removing the strata or material that overlies or is above or between them or otherwise exposing or retrieving them from the surface, including, but not limited to, strip mining, auger mining, dredging, quarrying, and leaching and all surface activity connected with surface or underground mining, including, but not limited to, exploration, site preparation, entry, tunnel, drift, slope, shaft, and bore hole drilling and construction and activities related thereto.

SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet used, or intended to be used, for swimming or bathing and constructed, installed, or maintained in or above the ground, outside any building.

SWIMMING POOL, PRIVATE

A swimming pool or hot tub and the apparatus and equipment pertaining to such pool maintained by an individual for the sole use of his household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit and located on a lot as an accessory use to a residence.

SWIMMING POOL, PUBLIC OR SEMIPUBLIC

Any swimming pool other than a private swimming pool, including publicly and privately owned pools open to the general public and pools owned and operated in conjunction with membership organizations, motels, hotels, and other similar uses.

TOWER

Any structure that exceeds 10 feet in height and is built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site. A Ft. Worth attachment shall not be considered a tower,

TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF)

Wireless communications facilities that include the installation of a new tower to support the transmission equipment.

TRACT

An area of land consisting of one or more lots submitted as a single entity for land development.

TRACT, COMMERCIAL GATEWAY

A tract with minimum fifty-foot frontage on Lancaster Avenue and located within 2,100 feet of the municipal boundary as measured along the center line of the right-of-way of Lancaster Avenue.

TRAILER

A vehicle or structure without motive power used to haul freight or cargo and commercially registered by the state.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as a microwave backhaul.

UNDEVELOPED LAND

Any lot, tract, or parcel of land that has not been graded or in any other manner improved.

UNIFIED DEVELOPMENT AREA

An area of land that is subject to a Master Plan approved by the Board of Supervisors in the ROC/R Regionally Oriented Commercial-Residential District.

UNIFORM CONDOMINIUM ACT

1980, July 2, P.L. 286, No. 82; 68 PA C.S.A. § 3101 et seq., as amended.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party, or the Department of Labor and Industry. Applicable to residential and commercial buildings, the UCC adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. The Township opted into the UCC on May 12, 2004, in Ordinance No. 151-2004, thereby adopting the IBC and IRC as the Township's Building Code and Residential Code.Editor's Note: See Ch. 65, Building Construction. For coordination purposes, references to the UCC are made specifically to various sections of the IRC and the IBC.

UNIT, DWELLING

See "dwelling unit."

URGENT CARE CENTER

A facility that provides outpatient treatment to patients with urgent medical conditions, illnesses or injuries on an unscheduled basis but that is not licensed by the Commonwealth of Pennsylvania as a hospital or an ambulatory surgical facility.

USE

Any purpose for which a lot or structure may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on in a structure on a lot.

UTILITIES

Facilities owned and operated by an electric company, telephone company, cable television company, water company, entity providing sanitary sewage treatment and transmission services, pipeline company, or similar entity, whether public or private, and whether or not such entity is a public utility subject to the jurisdiction of the Pennsylvania Public Utility Commission, that are an integral component of the infrastructure of that entity, and that provides service to the general public; provided that this definition shall not include any building or structure for use and occupancy of administrative offices for any such entity. This definition is not intended to replace the term "public utility" as defined in this section.

VARIANCE

Relief granted by the Zoning Hearing Board pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code.

VEHICLE, OVERSIZED

A vehicle with length exceeding 20 feet.

VEHICLE, RECREATIONAL

A vehicle that is:

A. Built on a single chassis;
B. Not more than 400 square feet, measured at the largest horizontal projections;
C. Assigned to be self-propelled or permanently towable by a light-duty truck;
D. Not assigned for use as a permanent dwelling but as temporary living quarters or recreational, camping, travel, or seasonal use.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

WAREHOUSE

A building used primarily for the storage of goods and materials.

WATER BODY

Pond, reservoir, lake, or impounded mass of water.

WATER FACILITY, CENTRAL

Any publicly or privately owned water generation, collection, and distribution system that serves more than one building or lot.

WATERCOURSE

A stream of water, river, brook, creek; a channel or ditch for water, whether natural or man-made.

WETLANDS

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.

WHOLESALING

A commercial activity comprising the sale of commodities in large quantities or in bulk, as to retailers or jobbers, rather than to consumers directly, including the warehousing, loading, and unloading and shipping of such commodities.

WIND ENERGY SYSTEM

A device that is used to produce electricity from wind and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND TURBINE

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

WINDOW

An opening, usually glazed, in an external wall of a building to admit light and sometimes air.

WINDOW WALL

An external wall of a building that has more than 2% of its total surface area as windows.

WINDOWLESS WALL

An external wall of a building that has 2% or less of its total surface area as windows.

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.

WIRELESS COMMUNICATIONS FACILITY (WCF)

The set of equipment and network components including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunication services. The term shall not include the wireless support structure.

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure, including but not limited to buildings, light poles, utility poles, traffic signals and other similar structures that could support the placement or installation of wireless telecommunications facilities if approved by the municipality.

YARD

An unoccupied space, open to the sky, extending from the lot line to a structure. The size of a required yard shall be measured as the shortest distance between the structure and lot line.

YARD SALE

A sale of limited duration of clothing and household items belonging to the residents of a dwelling and conducted from the yard, porch, or garage of that dwelling.

YARD, FRONT

FRONT YARD BUILDING SETBACK LINE
The line parallel to the public street ultimate right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public street right-of-way shall be considered front yards.

YARD, REAR

REAR YARD
The required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.

YARD, SIDE

SIDE YARD
The required open space extending along the side lot line from the front yard to the rear yard.

ZERO LOT LINE UNIT

An individual dwelling unit or commercial unit which may be conveyed, sold or transferred absent any required minimum yard or minimum lot area.

ZONING DISTRICT

A contiguous area of land on all parts of which the same uniform zoning regulations apply.

ZONING DISTRICT BOUNDARY

The perimeter line completely enclosing a zoning district.

ZONING HEARING BOARD

A Board appointed by the Board of Supervisors pursuant to Article IX of the Pennsylvania Municipalities Planning Code to hear and render final adjudications of the matters specified in Article IX of the Municipalities Planning Code, including but not limited to substantive and procedural validity questions and appeals from decisions of the Zoning Officer.

ZONING MAP

The official plan of zoning districts in the Township showing precisely the boundaries and titles of each zoning district, which map is a part of this chapter.

Township of East Whiteland, PA

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