A.          WORD USAGE - Words and phrases shall be presumed to be used in their ordinary context unless such word or phrase is defined differ­ently within this section.

             B.   LANGUAGE INTERPRETATION - In this Ordinance, when not inconsistent with the context:

                   a)     Words in the present tense imply also the future tense.

                   b)     The singular includes the plural.

                   c)     The male gender includes the female gender.

                   d)     The word “person” includes an individual, incorporator's association, member(s) of a partnership or the officers of a corporation, as well as any similar entity.

                   e)     The term “shall” or “must” is always mandatory.

             C.   SPECIFIC WORDS AND PHRASES - The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this Ordinance.

                   ACCESS DRIVE - An improved cartway designed and constructed to provide for vehicular movement between a street and more than four (4) dwelling units, or any other use or uses.

                   ACCESSORY DWELLING – A dwelling unit temporarily occupied under prescribed conditions, that is in addition to the principal dwelling contained on the site. For the purposes of this Ordinance, an accessory dwelling is one of the following two (2) types:

                   ECHO Housing: An accessory dwelling unit placed on a property for occupancy by either an elderly, handicapped or disabled person(s) and is related by blood, marriage or adoption to the occupants of the principal dwelling, and who requires an assisted living arrangement.

                   Temporary Farm Employee Housing: An accessory dwelling unit placed on a farm property for occupancy by a person (and family) engaged in farm work on the subject property.

                   ACCESSORY USE –  A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

                   ACT –  The latest version of the Pennsylvania Municipalities Planning Code, as amended.

                   ADULT-RELATED FACILITIES –  A business or club which engages in one or more of the following areas of sales, services or entertainment:

                    1.    Adult Bath House: An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs.  This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner.  A medical practitioner, for the purpose of this Ordinance, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsyl­vania.

                    2.    Adult Body Painting Studio: Any esta­blishment or business which provides the service of applying paint or other substance whether transparent or nontrans­parent to or on the human body when specified anatomical areas are exposed.

                    3.    Adult Bookstore: Any establishment which has a substantial or significant portion of its  stock in trade:

                           a)    Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

                           b)    Instruments, devices or paraphernalia which are designed for use in connec­tion with specified sexual activities.

                    4.    Adult Cabaret: A nightclub, theater, bar or other establishment which features live or media repre­senta­tions of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strip­pers, or similar entertainers, where such perfor­mances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

                    5.    Adult Massage Establishment: Any esta­blishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical prac­titioner, chiropractor or professional physical therapist licensed by the Commonwealth.  This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

                    6.    Adult Mini-Motion Picture Theater: An enclosed or unenclosed building with a capacity of more than five (5), but less than fifty (50), persons used for presen­ting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

                    7.    Adult Model Studio: Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consider­ation or gratuity, except that this provision shall not apply to any “figure studio” or “school of art” or similar estab­lishment which meets the requirements established in the Education Code of the Commonwealth of Pennsyl­vania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

                    8.    Adult Motel: A motel or similar esta­blishment offering public accommodations for any consider­a­tion, which provides patrons with material distinguished or characterized by an emphasis on de­piction or description of specified sexual activities or specified anatomical areas.

                    9.    Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug operated or electro­nically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are main­tained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distin­guished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

                   10.   Adult Motion Picture Theater: An enclosed or unenclosed building with a capacity of fifty (50) or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distin­guished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

                   11.   Adult News Rack: Any coin-operated machine or device which dispenses material substan­tially devoted to the depiction of specified sexual activities or specified anatomical areas.

                   12.   Adult Out-Call Service Activity: Any establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

                   13.   Adult Sexual Encounter Center: Any business, agency, or person who, for any form of considera­tion or gratuity, provides a place where two (2) or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the Commonwealth, to engage in sexual therapy.

                   14.   Adult Theater: A theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

15.   Any other business or establishment which offers its patrons services or entertain­ment character­ized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

              AGRICULTURE – The tilling of the soil, the raising of crops, forestry, horticulture and garden­ing, including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rab­bits, birds, fish, bees, and other similar animals. This definition also includes noncommercial green­houses and mushroom houses.

                   ALLEY – A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

                   ALTERATIONS – Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls.  Any renovation to a building which would change its use, location, and/or size.

                   AMUSEMENT ARCADE – A commercial establishment which provides as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeeball, electronic or water firing ranges and other similar devices).  This definition does not include the use of two (2) or less such devices as an accessory use.

                   AMUSEMENT PARK – A principal use at which guests are offered pleasurable diversion through a combination of attractions, eateries, booths, stands, rides, exhibits, performances, lodging, shops and/or recreational features, but specifically excluding adult-related uses, shooting ranges, and off-track betting parlors. In addition, amusement parks can include the provision of resident employee and guest services incidental to the visit or stay on the site.  Amusement parks must obtain conditional use approval of a Concept Master Plan in accordance with Section 213 of this Ordinance.

                   ANIMAL HOSPITALS – Any establishment offering veterinary services.  Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.

                   ATTIC – That part of a building which is immediately below and wholly or partly within the roof fra­m­ing.  Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modi­fied into a habitable room by the inclusion of dormer windows, an average ceiling height of five (5) feet or more, and a permanent stationary interior access stairway to a lower building story.

             AUTOMOBILE AUCTION - A principal use where automobiles are stored, readied, and dis-­      played for wholesale sales on a recurring scheduled basis.

                   AUTOMOBILE FILLING STATION – Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating sub­stances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.

                   AUTOMOBILE PARKING COMPOUND – A primary business where privately-owned passenger ve­hicles may be stored for short-term, daily, or overnight periods.

                   AUTOMOBILE PARKING LOT – An accessory use in which required, and possibly additional, park­ing spaces are provided, subject to the requirements listed in Section 314 of this Ordinance.

        AUTOMOBILE RECONDITIONING - A principal use at which any or all of the following services are performed upon passenger vehicles:

1)       Washing, waxing, buffing, rubbing and/or application of paint sealants to vehicle's exterior;

2)       Minor touch-up to vehicle's exterior paint and/or application of pin stripes and other similar decorative treatments;

3)       Cleaning and shampooing of vehicle's interior compartment;

4)       Replacement of minor decorative automobile parts and trim; and,

5)       De-greasing and cleaning of engine compartment

                   AUTOMOBILE SALES – Any building or land devoted to the retail sales of passenger vehicles, in­cluding accessory service and repair facilities if conducted within a wholly-enclosed building.

                   AUTOMOBILE SERVICE – The retail repair, servicing, main­tenance, and reconstruc­tion of passenger vehicles, but not including car washes per se.

                   AUTOMOBILE STORAGE COMPOUND – A use, either primary or accessory, where passenger ve­hicles are stored for periods exceeding a daily basis. Automobile storage shall not involve retail, nor whole­sale, sales, display areas.

                   BASE FLOOD – The flood having a one percent (1%) chance of being equaled or exceeded in any given year (100-year flood).

                   BASE FLOOD ELEVATION – The projected flood height of the base flood.

                   BED AND BREAKFAST – An owner-occupied, single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks.  Meals may be offered only to registered overnight guests.

                   BILLBOARD – A sign upon which images and/or messages of any kind are printed, posted, or lettered, whether frees­tanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed, or to disseminate other messages.

                   BOARD – The Zoning Hearing Board of Rapho Township.

                   BOARDING HOUSE – A detached building arranged or used for sheltering or feeding, or both, for more than three (3) and not more than ten (10) individuals that do not constitute a family.

                   BUILDING – Any structure, either temporary or permanent, having walls and a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes stated above.  For the purposes of this section, the word building shall include gas or liquid storage tanks.

                           Detached: A building which has no party wall.

                           Semi-detached: A building which has only one party wall in common.

                           Attached: A building which has two or more party walls in common.

                   BUILDING AREA – The total of areas taken on a horizontal plane at the average grade level of the prin­cipal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces, and steps.

                   BUILDING HEIGHT – A building's vertical measure­ment from the mean level of the ground abutting the building at its corners to the highest point of the roof.

                   BUILDING SETBACK LINE – The actual line of that face of the building nearest an adjacent right of way or street line.  This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

                   CAFE – An exterior seating area associated with a restaurant or tavern which is under constant super­vision by an employee of the business.

                   CAMPGROUND – A lot, tract, or parcel of land upon which two or more campsites are located or es­tablished, intended and maintained for occupa­tion by transients in recreational vehicles or tents.

                   CAMPSITES – A plot of ground within a camp­ground intended for occupation by a recrea­tional vehicle or tent.

                   CARPORT – An unenclosed structure for the storage of one (1) or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is accessory.

                   CARTWAY – That portion of a street or alley right-of-way that is intended for vehicular movement.

                   CELLAR – A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and one-half (6½) feet. Within a dwelling unit, a cellar shall not be counted as floor area, nor as a story of permissible building height.

                   CEMETERY – Land used or intended to be used for the burial of the deceased, including colum­bariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.  This definition shall not include crematoria, which shall be considered as funeral homes.

                   CERTIFICATE OF USE AND OCCUPANCY – A statement signed by a duly authorized Township officer, setting forth that a building, structure or use legally complies with the Zoning Ordinance and other applicable codes and regulations and that the same may be used for the purposes stated therein.

                   CHANNEL – A natural or artificial watercourse with a definite bed and banks which confine and conduct continuous­ly or periodically flowing water.

                   CHURCH AND RELATED USES - A building, struc­ture, or group of buildings or structures, including accessory uses, designed or intended for public worship.  This definition shall include rectories, convents, and church-related educational and/or day care facili­ties.

                   CLUBHOUSE – A building within which is housed an organization catering ex­clusively to members and their guests. Clubhouses shall include premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are no vending stands, merchandising or commercial activities, except as required for the membership of such club.  Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Clubhouses shall not be used for adult-related facilities as defined herein.

                   COMMERCIAL KEEPING AND HANDLING – Producing and/or maintaining with the express pur­pose and intent of selling the product for a livelihood, excluding farming.

                   COMMERCIAL LIVESTOCK OPERATION – An agricultural use involving the commercial keeping and handling of total livestock quantities exceeding:

                             500 horses; or,

                           1,200 dairy or beef cattle; or,

                           1,400 sows; or,

                           5,000 finishing hogs; or,

                           9,000 nursery hogs; or,

                           2,000 sheep or veal;

                   plus, the keeping and handling of livestock quantities exceeding an average adult weight for horses, dairy cattle and/or an average market weight of all other livestock of 2,000 pounds per acre, as referenced in the following table:

Livestock	Animal Size (lb.)
Cattle      Dairy      Beef      Veal	150-1,500 400-1,400 100-350
Swine      Pigs      Gestating sow (limit fed)      Sow and 8 pigs      Boar (limit fed)	35-200 275 375 350
Sheep	100
Horse	1,000

                          Sources:  PA DEP, Field Application of Manure, and Poultry Manure Management.

                   COMMERCIAL POULTRY OPERATION – An agricultural use involving the commercial keeping and handling of poultry quantities exceeding:

                          750,000 poultry;

                   plus, the keeping and handling of poultry quantities exceeding an average adult weight for layer chickens and/or an average market weight of all other poultry 2,000 pounds per acre, as referenced in the following table:

Poultry	Animal Size (lb.)
Poultry      Layer      Layer, heavy      Pullet      Broiler      Roaster      Turkey      Duck      Guinea      Pheasant      Chukar      Quail	4 7 3 4 7 20 7 3-4 3 1.5 0.5

                          Sources:  PA DEP, Field Application of Manure, and Poultry Manure Management.

                   COMMERCIAL RECREATION FACILITY – An activity operated as a business, open to the public, for the purpose of public recrea­tion or entertainment, including, but not limited to, bowling alleys, drive-in motion picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc.  This does not include adult-related uses or amusement arcades, as defined herein.

                   COMMON OPEN SPACE – Any area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of the development and/or the general public. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas nor setbacks between buildings and between buildings and street rights-of-way, driveways, access drives, parking areas, and property lines of the development. No dwelling unit, residential accessory buildings, or parking or loading areas may be located within common open spaces.

                   COMPREHENSIVE PLAN – The official Comprehensive Plan, Manheim Central Region, Lancaster County, PA, adopted June 10, 1993, revised August, 2000.

                   CONDITIONAL USE – A use which may not be ap­propriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with.  Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with Section 704 of this Ordinance.

                   CONDOMINIUM – A form of property ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

                   CONSERVATION PLAN – A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

                   CONVENIENCE STORE – A business which specializes in the retail sales and/or rental of household products and foods. Convenience stores may also include any of the following, provided that each use has obtained the necessary respective approvals, and it operates as an accessory use to the convenience store:

                    1.    Retail sales or rental of books, magazines, videos, software, and video games, provided that adult-related facilities are expressly prohibited.

                    2.    Restaurants, provided that rest rooms are made available to the public.

                    3.    Amusement arcades, with no more than two devices.

                    4.    Automatic bank teller machines.

                    5.    Photomats and film development drop-off sites.

                    6.    Laundry, dry cleaning and tailoring drop-off sites.

                    7.    Lottery sales counters and machines.

                    8.    Propane fuel sales with no larger than 20 pound tanks, which must be stored outside of the building, but within a locked enclosure at all times.

                    9.    Dispensing of automobile fuels, oils, compressed air, kerosene, washer fluid, and other auto-related items, subject to the requirements of Section 405 of this Ordinance.

                   10.   Car washes, subject to the requirements of Section 422 of this Ordinance.

                   11.   Post offices and other parcel delivery drop-off sites.

                   DAY-CARE – The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommo­dations.

                           Day-Care, Commercial: A day care facility that is a primary use and is licensed by the Common­wealth of Pennsyl­vania.

                           Day-Care, Family: A day care facility that is operated as an accessory use to a detached single-family dwelling that is registered by the Commonwealth of Pennsyl­vania and offers care and super­vision to no more than six different persons during any calendar day.

                   DENSITY – The number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way and private streets.

                   DEVELOPMENT – Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.

                   DEVELOPMENTAL DISABILITY – A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

                    1.    Attributable to mental retardation, cerebral palsy, epilepsy or autism;

                    2.    Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.

                    3.    Attributable to dyslexia resulting from a disability described in Subsections (1) and (2) of this definition.

                   DEVELOPMENTALLY DISABLED PERSON – A person with a developmental disability.

                   DISTRIBUTION – A process whereby materials, goods, or products are imported, stored by one person, and then delivered to another.

                   DOMESTIC PETS – The noncommercial keeping of no more than a total of four adult (older than six months) nonfarm animals, that are locally available for purchase as pets, as an accessory use to a primary residen­tial use.

                   DRIVEWAY – An improved cartway designed and constructed to provide for vehicular movement between a street and a farm, or up to four dwelling units.

                   DWELLING – Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boarding, rooming and lodging houses, institutional houses, tourists courts, and the like, offering overnight accom­modations for guests or patients.  All dwellings must be perma­nently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heav­ing, shifting, or settling unevenly, due to frost action. In addition, all dwellings shall be properly connected to approved and permanently-designed sewer, water, electrical and other utility systems.

                    1.    Single-Family Detached: A freestanding building containing one dwelling unit for one family, and having two (2) side yards, one (1) front yard, and one (1) rear yard; in the case of a corner lot, the build­ing will have two (2) front and (1) side and rear yards. Mobile homes can be consi­dered single-family, detached dwellings if, in addition to the re­quirements listed for all dwellings, they comply with paragraph 6), as follows. Travel trailers, as defined herein, shall not be construed as dwellings. Modu­lar homes can be considered single-family de­tached dwellings so long as they comply with the general require­ments of a dwelling (Figure 1).

                    2.    Duplex (Two-family; single-family semi-detached): A freestand­ing building contain­ing two dwelling units for two families, arranged in a side-by-side (Figure 2) or over-and-under (Figure 3) configura­tion. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units con­structed on individual lots shall have one front, side and rear yard.

                    3.    Multiple Family:  A building containing three or more dwelling units, at least one of which must be located above or below the remaining units (Figure 4).

                    4.    Townhouse: A building containing between three and eight dwel­ling units arranged in a side-by-side configura­tion with two or more common party walls (Figure 5).

                    5.    Quadraplex:  One detached building that contains four separate dwelling units, all of which share one or two points of exterior access. Within a Village Cluster Develop­ment, all quadraplexes must be designed to resemble one single-family detached dwelling.

                    6.    Mobile Home:  For the purposes of this Ordinance, all mobile homes, except those contained within mobile home parks, shall be governed by all regula­tions appli­cable to single-family detached dwellings, and the following:

                           a)    All apparatuses used to tow or transport the mobile home (including, but not limited to, the towing hitch) shall be removed.

                           b)    All mobile homes and additions thereto shall be anchored to resist flotation, collapse, or lateral move­ment by providing over-the-top or frame ties to ground anchors in accordance with the American National Standards, as specified in the Standard for the Installation of Mobile Homes Including Mobile Home Park Requirements (NFPA No. 501A-1974 [ANSI A119.3-1975]), as amended for Mobile Homes in Hurricane Zones or other appropriate standards, such as the following:

                                      i.    Over-the-top ties shall be provided at each of the four (4) corners of the mobile home, with two (2) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in length.

                                     ii.    Frame ties shall be provided at each corner of the mobile home, with five (5) additional ties per side at intermediate locations for units fifty (50) feet or more in length, and four (4) additional ties per side for units less than fifty (50) feet in length.

                                    iii.    All components of the anchoring system shall be capable of carrying a force of four thousand, eight hundred (4,800) pounds.

                   DWELLING UNIT – A building or portion thereof arranged or designed for occupancy by not more than one (1) family and having separate cooking and sanitary facilities.

                   EARTHMOVING ACTIVITY – Any construction or other activity which disturbs the surface of the land including, but not limited to, excavations, embankments, land development, sub­di­vision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.

                   ECHO (Elderly Cottage Housing Opportunity) HOUSING – An accessory dwelling unit placed on a property for occupancy by either an elderly, handicapped or disabled person(s) related by blood, marriage or adoption to the occupants of the principal dwelling, and who requires an assisted living arrangement.

                   ENTERTAINMENT PARK – A principal use at which guests are offered pleasurable diversion through a combination of attractions, eateries, booths, stands, rides, exhibits, performances, lodging, shops and/or recreational features, but specifically excluding adult-related uses, shooting ranges, and off-track betting parlors. In addition, entertainment parks can include the provision of resident em­ployee and guest services incidental to the visit or stay on the site. Entertainment parks must obtain conditional use approval of a Concept Master Plan in accordance with Section 213 of this Ordinance.

                   EXCAVATION CONTRACTOR FACILITIES AND YARDS – A business at which excavation equip­ment, trucks and related implements are stored, maintained and contracted for off-site work. Such busi­ness may include related accessory uses such as fuel tanks and pumps, repair garage, out­door storage of implements, tires, wheels, trailers, and the storage of other related materials such as piping, salvage tanks, “I” beams, ground cover liner materials and soil and gravel piles. The pre­ceding accessory uses shall only be permitted as they relate to the conduct of the excavation business and any salvaged materials must be periodically removed from the site. Nothing within this definition shall be construed to permit junk yards nor heavy equipment sales, service and repair uses as separately regulated by this Ordinance.

                   FAMILY – An individual or individuals related by blood, marriage, or adoption (including persons receiving foster care) that maintain one (1) common household and live within one (1) dwelling unit. Additionally, up to three (3) unrelated individuals who maintain a common household and live within one (1) dwelling unit may be considered a family. Finally, a family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein.

                   FARM – Any parcel of land with twenty (20) or more acres which is used in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

                   FARM OCCUPATION - An accessory use to the primary agricultural use of a property in which resi­dents engage in a secondary occupation conducted on the active farm.

                   FELLING –The act of cutting a standing tree so that it falls to the ground.

                   FENCE – A structure designed as a barrier to restrict the movement or view of persons, animals, property and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than one-half (½) the width and/or depth of the front yard.

                   FILL – Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.

                   FINANCIAL INSTITUTION – A bank, savings and loan associa­tion, credit union, finance, or loan company, etc.

                   FIVE HUNDRED (500) YEAR FLOOD – A flood that, on the average, is likely to occur once every 500 years.

                   FLEA MARKET – A retail sales use where more than one (1) vendor displays and sells general mer­chandise that is new or used.  Flea markets can include indoor and outdoor display or merchandise.

                   FLOOD – A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of water­courses, or from the unusual and rapid accumula­tion or runoff of surface waters from any source.

                   FLOODPLAIN – An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

                   FLOODPROOF – Any combination of structural and non-struc­tural additions, changes or adjust­ments to structures which reduce or eliminate flood damage to property, structures and their contents.

                   FLOODWAY – The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than one (1) foot.

                   FLOOD ELEVATION – The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas.

                   FLOOR AREA, GROSS – The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.

                   FLOOR AREA, HABITABLE – The sum of the floor areas of a dwelling unit as measured to the out­side surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including cellars or attics, or service rooms or areas, such as utility rooms, nor unheated areas such as enclosed porches.

                   FORESTRY – The management of forest and timberlands, when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

                   FORESTRY OPERATOR – An individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors and employees thereof.

                   FRONT BUILD-TO LINE – An area establishing the required location for all, or a portion of a build­ing's front facade, as measured from the street line.

                   GARAGE, PRIVATE – An accessory building for the storage of one (1) or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided however, that one (1) commercial vehicle of not more than one (1) ton capacity may be stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be con­ducted therein, nor shall space therein for more than one (1) vehicle be leased to a non-occupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area, unless it is constructed or modified into a habitable room by the removal of all vehicular access doors, and provided adequate off-street parking is still available on the same lot as the dwelling unit.

                   GOLF COURSE – A site with a minimum of 2,800 yards of play in nine (9) holes, for the purposes of playing golf.

                   GROUP HOME – A dwelling operated by a reasonably responsible individual, family, or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes must be licensed where required by any appro­pri­ate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use.  Group homes shall be subject to the same limitations and regulation by the Township as single-family dwellings.

                   HAZARDOUS MATERIAL – Materials which have the potential to damage health, endanger human life or impair safety.

                   HAZARDOUS WASTE – Any garbage, refuse, sludge from an industrial or other waste-water treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material including solid, liquid, semi-solid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any com­bination of the above, which because of its quantity, concentra­tion, or physical, chemical, or infectious charac­teristics may:

                    1.    Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

                    2.    Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, trans­ported, exposed of, or otherwise managed.

                   HAZARDOUS WASTE FACILITY – Any structure, group of struc­tures, aboveground or under­ground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transpor­ta­tion time through the Township.

                   HEAD-IN PARKING SPACES – Off-street parking spaces that directly abut and access a public street.  These spaces run perpendicular to or are angled (no less than sixty degree [60^m] interior angle) from the public street.

                   HEALTH AND FITNESS CLUB – A commercial business that offers active recreational and/or fitness activities.  Such activities are provided only to club members and their guests.  Such facilities do not include golf courses.

                   HEAVY EQUIPMENT – Vehicles and/or machinery that are larger than that typically stored upon one dwelling lot.  Examples include, but are not limited to, commercial trucks, farm equipment, excavation equipment, yachts, buses, etc.

        HEAVY EQUIPMENT AND/OR RECREATIONAL VEHICLE AUCTION - A principal use where          heavy equipment and/or recreational vehicles are stored, readied, and dis­played for wholesale           sales on a recurring scheduled basis.

       HEAVY EQUIPMENT AND/OR RECREATIONAL VEHICLE RECONDITIONING - A principal            use at which any or all of the following services are performed upon heavy equipment and/or              recreational vehicles:

1)       Washing, waxing, buffing, rubbing and/or application of paint sealants;

2)       Minor touch-up to exterior paint and/or application of pin stripes and other similar decorative treatments;

3)       Cleaning and shampooing of interior compartment;

4)       Replacement of minor decorative parts and trim; and,

5)De-greasing and cleaning of engine compartment

                   HEIGHT, BUILDING – A building's vertical measure­ment from the average ground level at the corners of the building to the highest point of the roof.

                   HEIGHT, STRUCTURE – A structure's vertical measure­ment from the mean level of the ground abutting the structure to the highest point of the structure.

                   HELICOPTER PAD (PRIVATE) – An accessory use where no more than one (1) helicopter may land/take-off and be stored.

                   HELIPORT – A principal use where one (1) or more helicopters may land/take-off and be stored.  Such use may also include support services, such as fueling and maintenance equipment, passenger terminals and storage hangars.

                   HOME OCCUPATION – A business or commercial activity that is conducted as an accessory  use in a detached dwelling unit, except that a limited business or commercial activity which meets all of the following criteria is not considered a home occupation and is permitted by right in any dwelling unit:

                    1.    No exterior evidence of the business shall be permitted.

                    2.    No retail sales or display of goods, exclusive of telephone solicitation, is permitted.

                    3.    No on-site storage of commercial vehicles shall be permitted except as may be provided under the definition of “Garage, Private.”

                    4.    Only residents of the site may be engaged in the business or commercial activity.

                    5.    The business or commercial activity may be conducted only within the dwelling unit and may not occupy more than fifteen percent (15%) of the habitable floor area.

                    6.    The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks.

                    7.    The use shall not involve regular visitation by customers, clients, salespersons, or suppliers.

                   HORTICULTURE – The growing of vegetables, fruits, flowers, and other ornamental plants.

                    HOSPICE CARE FACILITY - A health care facility which is duly licensed by the Commonwealth of Pennsylvania as a hospice, which by statutory definition provides: An organization licensed...to provide a coordinated program of palliative and supportive services provided in a home, independent living environment or in-patient setting which provides for physical, psychological, social and spiritual care of dying persons and their families.  Services are provided by a medically directed interdisciplinary team of professionals and volunteers, and bereavement care is available to the family following the death of the patient.  The term also shall be deemed to refer to services provided by such an organization.

                   HOSPITAL – An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four (24) hours per day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions.  A hospital use can also include attached and detached accessory uses provided that all accessory uses are contained upon the hospital property.

                   HOTEL – A facility which provides lodging to boarders for compensation, which contains more than eight (8) rooms with less than twenty-five percent (25%) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

                   IMPORTANT NATURAL HABITAT – Any land area characterized by any or all of the following:

                    1.    Wetlands as defined by criteria of the U.S. Department of the Interior, Fish and Wildlife Service.

                    2.    Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania Threatened or Pennsylvania Endangered.

                    3.    PNDI confirmed extant plant and animal species and communities that have a State Rank of S1 or S2.

                   INTERIOR DRIVE – Any on-site vehicular movement lane(s) that is associated with a use other than a single-family dwelling.

                   JOINT-USE DRIVEWAY – A common driveway that serves up to four adjoining dwellings, and com­plies with the requirements of Section 306.9. of this Ordinance.

                   JUNK – Used materials, discarded materials, or both, including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, which are being stored awaiting potential reuse or ultimate disposal. In addition, junk shall include one or more un­licensed, wrecked, or disabled vehicles, or the major part thereof. (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than sixty (60) days beyond the expiration date.)

                   JUNK YARD – An area of land, with or without buildings, used for the storage, outside a complete­ly- enclosed building, of used and discarded materials, including, but not limited to, waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a “junk yard.”  (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which is more than sixty (60) days beyond the expiration date.)

                   KENNEL – Any lot on which two (2) or more animals that are older than six (6) months (except relating to a farm) that are kept, boarded, raised, bred, treated and/or trained for a fee, including but not limited to dog or cat kennels.

                   LANDING – A place where logs, pulpwood or firewood are assembled for transportation to processing facilities.

                   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 condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprie­tary interest in land, shall be deemed to be a landowner for the purposes of this Ordinance.

                   LANDSCAPE SCREEN – A completely planted visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen between grade, and to a height of six (6) feet.

LITTER – Discarded materials scattered about a site that are not normally associated with its use.

                   LOADING SPACE – An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOP – To cut tree tops and slash into smaller pieces to allow material to settle close to the ground.

                   LOT – A designated parcel, tract, or area of land established by plat, or otherwise permitted by law, and to be used, developed or built upon as a unit.

                           Lot, Corner: A lot which has an interior angle of less than one hundred thirty-five degrees (135^m) at the intersection of two (2) street lines.  A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than one hundred thirty-five degrees (135^m).  Corner lots shall have two (2) front yards, one (1) side, and one (1) rear yard.

                           Lot, Flag: A lot whose frontage does not satisfy the minimum width requirements for the respective zone, but that does have sufficient lot width away from the lot's frontage.  Such lots are only permitted in the (A and R) Zones in accordance with Section 323 of this Ordinance.

                           Lot, Interior: A lot other than a corner lot, the sides of which do not abut a street.

                           Lot, Through or Reverse Frontage: An interior lot having frontage on two (2) parallel or approxi­mately parallel streets.

                   LOT AREA – The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

                   LOT COVERAGE – A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).

                   LOT DEPTH – The horizontal distance measured between the street right-of-way line and the closest rear property line.  On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

                   LOT WIDTH – The horizontal distance measured between side property lines.  On corner lots, lot width shall be measured between the right-of-way line for the non- address street and the directly opposite property line.

                   MANUFACTURING – A function involving either the processing or production of materials, goods, or products.

                   MANURE – The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

                   MANURE STORAGE FACILITIES – A detached structure or other improvement built to store manure for future use, or disposal.  Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and above-ground storage.

                   MAXIMUM FLOOD ELEVATION – The water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Floodplain Zone.

                   MEAN SEA LEVEL – The average height of the sea for all stages of the tide, using the National Geo­detic Vertical Datum of 1929.

                   MEDICAL OR DENTAL CLINIC – Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

                   MINI-WAREHOUSE – A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other non-storage activities shall be permitted.

                   MOBILE HOME – Any structure intended for or capable of permanent human habitation, with or with­out wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers.  Mobile homes placed in parks shall meet the requirements for mobile home parks listed in Section 442 of this Ordinance.  Mobile homes placed on individual lots shall be considered “dwellings,” and be bound by the requirements there-imposed.  For the purposes of Section 230 of this Ordinance, any travel trailer, as defined herein, that is contained on the same parcel for more than one hundred eighty (180) days in any calendar year shall be considered a mobile 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 erection thereon of a single mobile home.

                   MOBILE HOME PARK – A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

                   MOTEL –  A facility which provides lodging to boarders for compensation, which contains more than eight (8) rooms with at least twenty-five percent (25%) of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may provide meals and other services as a part of the compensation.

                    MUNICIPAL SERVICES – Those uses and facilities designed to furnish necessary support for the general public health, safety and welfare, that are typically the responsibility of local governments and other locally-operated service agencies, and are not operated on a commercial basis. Such uses shall include, but not be limited to:

                    1.    Township offices, meeting halls, garages, and storage yards.

                    2.    Police, fire and ambulance stations.

                    3.    Indoor community service uses and activities, including meeting rooms, classrooms, theaters, audi­toriums, banquet and social halls, scout cabins, libraries, museums and galleries of materials that are not for sale, clubhouses, accessory cafeterias and kitchens, and other similar uses.

                    4.    Outdoor community service facilities and activities, including fairgrounds, community bulletin boards and other similar uses.

                    5.    Uses accessory to the above permitted uses, including parking and loading spaces, signs, offices, rest rooms, maintenance equipment storage areas and buildings, lights, waste receptacles and dump­sters, bleachers and other similar uses.

                   NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of this section.

                   NIGHTCLUB – Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered.  For the purposes of this definition, “live enter­tainment” is meant to include the use of disc-jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, night­clubs can offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an “under 21” club which features enter­tainment.

                   NONCONFORMING LOT – 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 requirements of the zone in which it is located by reason of such adoption or amendment.

                   NONCONFORMING STRUCTURE – A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Ordinance or amendment here­tofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordi­nance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.  Such nonconforming structures include, but are not limited to, non-conforming signs.

                   NONCONFORMING USE – A use, whether of land or of structure, which does not comply with the applicable use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance, or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

                   NONCONFORMITY, DIMENSIONAL – Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this Ordinance, where such dimensional nonconfor­mity lawfully existed prior to the adoption of this Ordinance or amendment thereto.

                   NURSING, REST OR RETIREMENT HOMES – Facilities designed for the housing, boarding and dining associated with some level of nursing care.

                   OBSTRUCTION – Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, exca­va­tion, channel, rectifica­tion, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area (1) which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water, or (2) which is placed where the flow of the water might carry the same downstream to the damage of life and property.

                   OFFICE – A place where the primary use is conducting the affairs of a business, profes­sion, service, or government, including administration, record-keeping, clerical work, and similar business functions.  An office shall not involve manufacturing, fabrication, production, process­ing, assembling, cleaning, testing, repair, or storage of materials, goods or products; or the sale or delivery of any materials, goods, or products which are physically located on the premises.  Office supplies used in the office may be stored as an incidental use.

                   ON-SITE SEWER SERVICE – The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.

                   ON-SITE WATER SERVICE – The provision of a safe, adequate and healthful supply of water to a single principal use from a private well.

                   ONE HUNDRED (100) YEAR FLOOD – A flood which is likely to be equaled or exceeded once every one hundred (100) years (i.e., that has a one percent [1%] chance of being equaled or exceeded in any given year).  A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed professional registered by the Commonwealth of Pennsylvania to perform such a study is necessary to define this flood.

                   ONE HUNDRED (100) YEAR FLOOD BOUNDARY – The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a one percent [1%] chance of being flooded each year).  A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed surveyor or professional engineer, registered by the Commonwealth of Pennsylvania is necessary to define this boundary.

                   ONE HUNDRED (100) YEAR FLOOD ELEVATION – The water surface elevations of the one hundred (100) year flood.

                   OPEN HOUSE – An event conducted as part of an attempt to sell or lease a property, whereby the property is open for public inspection.  Open houses must always include the on-site supervision by the property owner or his/her agent.

                   OPEN SPACE – A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.

                   OPEN SPACE, COMMON OR PUBLIC – A parcel or parcels of land, an area of water, or a combination of land and water, within a cluster development designed and intended for the use of all residents of the development (common open space) or the general public (public open space), not in­cluding streets and walkways, off-street parking areas, areas with no public accessibility, setbacks, and areas at other than ground level.  Open space areas may include floodplains and drainage basins. Com­mon or public open space shall be substantially free of structures but may contain such improvements as are appropriate for recreational use by the residents or the general public.

                   PA DEP – Pennsylvania Department of Environmental Protection.

                   PARKING COMPOUND – A primary business where passenger vehicles may be stored for short-term, daily or overnight periods.

                   PARKING LOT – An accessory use in which required, and possibly additional, parking spaces are provided subject to the requirements listed in Section 314 of this Ordinance.

                   PARKING SPACE – An off-street space available for the parking of one (1) motor vehicle and having usable access to a street or alley.

PARKS AND PLAYGROUNDS – Those facilities designed and used for recreation purposes by the general public that are not operated on a commercial basis. This definition is meant to include the widest range of recreational activities, excluding adult-related uses, amusement arcades, amusement or theme parks, golf courses, off-track betting parlors, racetracks, and shooting ranges. Such uses may include:

                    1.    Outdoor park and recreation facilities, including athletic fields, courts, playgrounds, open play areas, stadiums, skating rinks, skateboard, stunt-bicycle or BMX-bicycle courses, and other similar uses.

                    2.    Indoor recreation facilities, including community centers, gymnasiums, weight and fitness rooms, tennis courts, gymborees, game rooms, bowling alleys, skating rinks, locker rooms, and other similar features.

                    3.    Outdoor passive recreation facilities, including picnic pavilions, hiking, biking and fitness trails, park benches, fountains, statues and other memorials, barbecue grills, ponds, natural and cultural exhibits, amphitheaters, and other similar uses.

                    4.    Indoor community service uses and activities, including meeting rooms, classrooms, theaters, auditoriums, banquet and social halls, scout cabins, libraries, museums and galleries of materials that are not for sale, clubhouses, accessory cafeterias and kitchens, and other similar uses.

                    5.    Outdoor community service facilities and activities, including fairgrounds, community bulletin boards and other similar uses.

                    6.    Indoor and outdoor swimming pools, including related amenities, like bathhouse, wading pools, spas, snack bars, and other similar uses.

                    7.    Uses accessory to the above permitted uses, including parking and loading spaces, signs, offices, rest rooms, maintenance equipment storage areas and buildings, lights, waste receptacles and dumpsters, bleachers, and other similar uses.

                   PennDOT – Pennsylvania Department of Transportation.

                   PESTICIDE – Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.

                   PETROLEUM PRODUCT – Oil petroleum of any kind and in any form, including crude oil and deriva­tives of crude oil.  It may be alone, as a sludge, as oil refuse, or mixed with other wastes.

                   PLANNING COMMISSION – The Planning Commission of Rapho Township.

                   PLANNED CENTER – A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit.  Such centers also may include “planned center signs” as regulated herein.

                   PRE-COMMERCIAL TIMBER STAND IMPROVEMENT – A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand, but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.

                   PREMISES – The property upon which the activity is conducted as determined by physical facts rather than property lines.  It is the land occupied by the buildings or other physical uses that are necessary or custo­marily incidental to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses.  The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premise advertising:

                    1.    Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruc­tion, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

                    2.    Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

                    3.    Any land which is in closer proximity to the highway than to the principal acti­vity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only.  In no event shall a sign site be consi­dered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.

                   PROFESSIONAL BIOLOGIST – An individual with at least a graduate degree in aquatic and/or terres­trial biology and/or ecology, and with a depth of knowledge in organisms and the processes of ecological systems.

                   PUBLIC – Owned, operated or controlled by a governmen­tal agency (Federal, State, or Local, including a corporation created by law for the performance of certain specialized governmental functions, and the Board of Education).

                   PUBLIC HEARING – A formal meeting held pursuant to public notice by the governing body or plan­ning agency, intended to inform and obtain public comment, prior to taking action on zoning-related matters.

                   PUBLIC MEETING – A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act, and subsequent amendments.

                   PUBLIC NOTICE – Notice published once each week for two (2) successive weeks in a newspaper of general circulation in the municipality.  Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.  The first publication shall not be more than thirty (30) days, and the second publication shall not be less than seven (7) days from the date of the hearing.  Public notice for rezoning, special exception, conditional use and/or variance requests shall also include the posting of a sign(s) at a conspicuous location(s) along the perimeter of the subject property; this sign(s) shall be posted at least one (1) week prior to the hearing and will exhibit the nature, date, time and location of the hearing.

                   PUBLIC SEWER – A municipal sanitary sewer or a com­parable common or package sanitary facility approved and permitted by the Pennsylvania Department of Environmental Protection.  Such systems are capable of serving multiple users.

                   PUBLIC USES – Includes public and semi-public uses of a welfare and educational nature, such as schools, parks, fire stations, municipal buildings and garages, etc.

                   PUBLIC UTILITIES – A use or extension thereof which is operated, owned, or maintained by a muni­ci­pality or municipal authority, or which is privately owned and approved by the Pennsylvania Public Utilities Commission for the purpose of providing public sewage disposal, and/or treatment; public water supply, storage or treatment; or for the purpose of providing the transmission of energy or telephone service.

                   PUBLIC WATER – A municipal water supply system, or a comparable common water facility approved and permitted by the Pennsylvania Department of Environmental Protection.  Such systems are capable of serving multiple users.

                   RADIOACTIVE MATERIAL – Any natural or artificially produced substance which emits radiation spontaneously.

                   RECREATIONAL VEHICLE – See “Travel Trailer.”

RECYCLABLES – Solid waste materials that are recognized by the Lancaster County Solid Waste Management Authority as being recyclable, and have entered a reasonably continuous process whereby their reuse is imminent. This term shall specifically exclude junk yards as defined herein.

                   REGULATORY FLOOD ELEVATION – The one hundred (100) year flood elevation plus a freeboard safety factor of one (1) foot.

                   RENTAL – A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.

                   REPAIR – A function involved in correcting deficiencies of products that affect its performance and/or appearance.

                   RESIDENT-OWNER SUBDIVISION – A subdivision permitted within the (A) Zone.

                   RESTAURANT – An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed five percent (5%) of the total patron seating area nor eighty (80) square feet (which­ever is less).  Caterers shall be included in this definition.

                   RESTAURANT - DRIVE-THRU OR FAST-FOOD – An establish­ment that serves prepared food gen­erally packaged in paper wrappers and/or disposable plates and containers.  Such food can be consumed either on or off the site.

                   RETAIL – Those businesses whose primary activities involve the display and sales of goods and products to the general public.  This term shall not include adult-related uses as defined herein.

                   RIGHT-OF-WAY – A corridor of publicly owned or eased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including but not limited to, roads, streets, highways and sidewalks.  Abutting property owners are prohibited from encroaching across the right-of-way line.  (See also “Street Line.”)

                   RURAL OCCUPATION – An accessory business that is conducted within an accessory structure of a principal single-family, detached dwelling, with a minimum lot size of one (1) acre.

                   SATELLITE DISH ANTENNA – A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia.  Such device shall be used to transmit and/or receive radio or electro-magnetic waves between terrestrially and/or orbitally-based uses.  This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVRO's, and satellite microwave antennas.

                   SCHOOL – A principal use in which supervised education or instruction is offered according to the following categories:

                    1.    Commercial School:  A school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the School District.

                    2.    Private School:  A school that offers elementary, secondary, post-secondary and/or post graduate education that may, or may not, be operated as a gainful business.

                    3.    Public School:  A school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the School District.

                    4.    Vocational-Mechanical Trade School:  A school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

                           a)    Truck driving.

                           b)    Engineer repairs.

                           c)    Building construction and general contracting.

                           d)    Woodworking.

                           e)    Masonry.

                           f)     Plumbing.

                           g)    Electrical contracting.

                           h)    Other similar trades, as determined by the Zoning Hearing Board pursuant to Sections 107 and 604.5. of this Ordinance.

                    SEASONAL RESIDENCE – A dwelling, cabin, lodge or summer house which is intended for occupancy less than one hundred eighty two (182) days of the year.

                   SETBACK – The required horizontal distance between a setback line and a property or street right-of-way line. Unless otherwise noted, all setbacks listed within this Ordinance shall be con­sidered to be minimum required setbacks.

                           Setback, Front: The distance between the street line and the front setback line projected the full width of the lot. Commonly called “required front yard.”

                           Setback, Rear: The distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called “required rear yard.”

                           Setback, Side: The distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called “required side yard.”

                   SETBACK LINE – A line within a property and parallel to a property or street line which de­line­ates the required minimum distance between some particular use of property and that property or street line.

                   SHADE TREE – A deciduous tree that shall have a clear trunk at least five (5) feet above the finished grade.

                   SHOPPING CENTER – One store containing more than 20,000 square feet of gross leasable floor area, or a group of stores, functioning as a unit, with shared off-street parking, and ve­hicu­lar access.

                   SIGN – A device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure, or flags or other insignia of any government, fraternal, or similar organiza­tion.

                   SINGLE AND SEPARATE OWNERSHIP – The ownership of a lot by one or more persons which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be con­sidered separate and distinct, where lots have been separately described as such by:

                     1.    metes and bounds in a recorded deed or conveyance prior to the enactment of this Ordinance and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance.

                   SKIDDING – Dragging trees on the ground from the stump to the landing by any means.

                   SLASH – Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.

                   SLDO – The Rapho Township Subdivision and Land Development Ordinance of 2000, including any subsequent enacted amendments made thereto.

                   SOIL SURVEY – The latest published version of the United States Department of Agriculture's Soil Survey for Lancaster County, Pennsylvania.

                   SOLID WASTE – Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities.  Such wastes shall not include biological excrement nor hazardous waste materials as de­fined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.

                   SPECIAL EXCEPTION – A use that is generally compatible with a particular zone once specified criteria have been met.  Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with Section 604.3. of this Ordinance.

                   SPECIFIED ANATOMICAL AREAS – Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernible turgid state, even if completely and opaquely covered.

                   SPECIFIED SEXUAL ACTIVITIES – For the purposes of this Ordinance, this term shall include any of the following:

                    1.    Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagella­tion or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, copro­phagy, cop­ro­philia, cunnilin­gus, fellatio, necrophilia, pederas­ty, pedophilia, piquerism, sapphism, zooerasty; or

                    2.    Clearly depicted human genitals in a state of sexual stimulation, arousal or tumes­cence; or

                    3.    Use of human or animal masturbation, sodomy, oral copulation, coitus, ejacula­tion; or

                    4.    Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

                    5.    Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; or

                    6.    Erotic or lewd touching, fondling or other contact with an animal by a human being; or

                    7.    Human excretion, urination, menstruation, vaginal or anal irrigation.

                    STAND – Any area of forest vegetation whose site conditions, past history, and current species com­po­sition are sufficiently uniform to be managed as a unit.

                   STORAGE – A function involving the deposition of materials, goods and/or products for safekeeping.

                   STOREFRONT – The wall of a unit of occupancy which faces a front yard within a shopping center, as defined herein.

                   STORY – That part of a building located between a floor and the floor or roof next above.  The first story of a building is the lowest story, having seventy-five percent (75%) or more of its wall area above grade level.  A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two (2) opposite exterior walls is not more than two (2) feet above such story.

                   STREAM – Any natural or artificial channel of conveyance for surface water with an annual or inter­mit­tent flow within a defined bed and bank.

                   STREET – Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedi­cated and adopted public right-of-way used or intended to be used by vehicular traffic and/or pedes­trians.

                   STREET CENTERLINE – The horizontal line parallel­ing the street that bisects the street right-of-way into two equal widths.  In those instances where the street right-of-way cannot be deter­mined, the street centerline shall correspond to the center of the cartway.

                   STREET LINE (Right-of-Way Line) – A line defining the edge of a street right-of-way and separating the street from abutting property or lots.  The street line shall be the same as the legal right-of-way line currently in existence.

                   STRUCTURE – Any assembly of materials constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, any portion of which is above the natural surface grade, including, but not limited to, buildings, sheds, cabins, mobile homes and trailers, fences, dams, culverts, roads, railroads, bridges, storage tanks, and signs.

                           Structure, Accessory:  A structure associated with an accessory use, (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).

                           Structure, Principal:  A structure associated with a primary use.

                   Structures shall not include such things as decorative fences, sandboxes, decorative fountains, swing­ sets, birdhouses, birdfeeders, mailboxes, and any other similar nonpermanent improve­ments.

                   SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the fair market value of the structure either (a) before the improvement or repair is started or (b) if the structure has been damaged, and is being restored, before the damage occurred.  For the purpose of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.

                   SUPERMARKET – A store that principally sells groceries and household products that contains more than fifteen thousand (15,000) square feet of gross leasable floor area.

                   SWIMMING POOL – Any pool, not located within a complete­ly enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than one and one-half (1½) feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construc­tion.

                   TAVERN – An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.  Taverns may also serve food, but no live entertainment shall be permitted.

                   TEMPORARY FARM EMPLOYEE HOUSING – An accessory dwelling unit placed on a farm property for occupancy by a person (and family) engaged in farm work on the subject property.

                   TESTING – A function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material.

                   THEME PARK – A principal use at which guests are offered pleasurable diversion through a combin­a­tion of related attractions, eateries, booths, stands, rides, exhibits, performances, lodging, shops and/or recreational features, but specifically excluding adult-related uses, shooting ranges, and off-track betting parlors. In addition, theme parks can include the provision of resident employee and guest services inci­dental to the visit or stay on the site. Theme parks must obtain conditional use approval of a Concept Master Plan in accordance with Section 213 of this Ordinance.

                   TIMBER HARVESTING, TREE HARVESTING OR LOGGING – That part of forestry involving cut­ting down trees and removing logs from the forest for the primary purpose of sale or commercial proces­sing into wood products.

                   TOURIST FARM – A commercial recreation use that is principally designed to portray an agrarian life­style and/or farming technologies.  Such use may include the following accessory uses, only if they are incidental to, and located upon the same lot as, the principal use: bed and breakfast, restaurant, snack bar, gift shop, roadside stand, buggy and/or wagon rides, and similar uses.

                   TOWNSHIP – Rapho Township.

                   TRASH, GARBAGE AND REFUSE – Any material that, because of its age or condition, is of little value and usefulness. Some common examples include, but are not limited to:

                    1.    Inoperable machinery and appliances.

                    2.    Rusted, or bent, metals, tools and barrels.

                    3.    Used automobile tires and batteries.

                    4.    Empty beverage, food and other containers.

                    5.    Weathered, broken or used building materials.

                    6.    Spoiled or discarded food products.

                    7.    Used, torn or discarded garments, rags and other fabric products.

                    8.    Worn or broken furniture.

                    9.    Used or discarded newspaper, magazines and other paper products.

                   TRAVEL TRAILER – A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are char­acteristic of a “travel trailer”;

                    1.    The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transpor­tation when self-propelled, or when hauled by a standard motor vehicle on a highway.

                    2.    The unit is mounted or designed to be mounted on wheels.

                    3.    The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck.

                    4.    The unit contains, or was designed to contain, temporary storage of water and sewage.

5.       The unit contains some identification by the manufac­turer as a travel trailer.

                    TREE TOP – The upper portion of a felled tree that is not marketable because of small size, taper or defect.

                    TWO-FAMILY CONVERSIONS – The conversion of an existing single-family detached dwelling unit to contain two (2) separate dwelling units.

                   USE – The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

                           Use, Accessory: A use customarily incidental and subordinate to the princi­pal use or building and located on the same lot with this principal use or building.

                           Use, Principal: The main or primary use of property or structures.

                   USE AND OCCUPANCY PERMIT – A permit issued by the Zoning Officer certifying a use's compli­ance with information reflected on the zoning permit and the Zoning Ordinance.

                   VARIANCE – A modification of any provision of this Ordinance granted by the Zoning Hearing Board subject to findings specified by the Act.

                   VETERINARIAN'S OFFICE – A building used primarily for the treatment, by a veterina­rian, of small domestic animals such as dogs, cats, rabbits and birds or fowl. No outdoor boarding of animals is permitted.

                   WATER PARK – A principal use at which guests are offered pleasurable diversion through a combin­a­tion of water-based attractions, eateries, booths, stands, water-based rides, exhibits, performances, lodg­ing, shops and/or recreational features, but specifically excluding adult-related uses, shooting ranges, and off-track betting parlors. In addition, water parks can include the provision of resident employee and guest services incidental to the visit or stay on the site. Water parks must obtain conditional use approval of a Concept Master Plan in accordance with Section 213 of this Ordinance.

                   WATERCOURSE – A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

                   WATERSHED – All the land which drains water into a particular watercourse.

                   WETLAND – Area with the characteristics of wetland, as defined by the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, Pennsylvania Department of Environ­mental Protection, and the U.S. Soil Conservation Service. Wetland areas are not limited to the locations delineated on wetland maps prepared by the U.S. Fish and Wildlife Service.

                   WHOLESALE – Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

                   WIND ENERGY CONVERSION SYSTEM (WECS) – Any device which converts wind energy to mechanical or electrical energy.

                   WECS UNIT – Shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

                   YARD – An area between the permitted struc­tures and the property lines.

                            Yard, Front: The area contained between the principal structure and the street right-of-way line, except that where a portion of the site has a front property line that is located away from the street right-of-way and runs generally parallel to the street, the front yard shall also include that area that is located between the principal structure and the front property line that generally parallels the street (see adjacent diagram).

                            Yard, Rear: The area contained between the principal structure and the property line di­rectly opposite the street of address. For flag lots, the rear yard shall be that area be­tween the principal structure and that lot line which is directly opposite the above-described front yard.

                            Yard, Side: The area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s). For flag lots, the side yards shall be the area between the principal structure and that one (1) outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure. 

                   ZONING – The designation of specified dis­tricts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated require­ments.

                   ZONING OFFICER – The duly constituted munici­pal official designated to administer and enforce this Ordinance in accordance with its literal terms.

                   ZONING PERMIT – Written authorization from the Zoning Officer to alter, improve, construct and/or make use of an area of land as regulated by this Ordinance.