§ 27-202. Terms Defined.

   Other terms or words used herein shall be interpreted or defined as follows:

      Access drive - a private drive, other than a driveway, which provides for vehicular access between a public street and a tract of land containing any use other than one single-family or a two-family dwelling unit.

      Accessory apartment - an independent dwelling unit that has either been added onto, or created within a single-family dwelling unit, containing a separate kitchen, bathroom, and sleeping area.

      Accessory family dwelling unit - an additional dwelling unit, either attached or detached from the principal dwelling, placed on a property for occupancy by either an elderly, handicapped or disabled person related to the owners of the principal dwelling by blood, marriage or adoption as defined in § 27-603 of this Chapter.

      Accessory use - a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building/structure and located on the same lot with the principal use.

      Adult-oriented facility - an establishment open to the general public or a private club open to members, except persons under the age of 18 years, which is used and occupied for one or more of following activities:

         Adult-book store - an establishment in which 5% of more of occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises; pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, video tape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale.

         Adult cabaret - an establishment, club, tavern, restaurant, theater or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.

         Adult massage parlor - an establishment whose business is the administration of massage to the anatomy of patrons, 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.

         Adult theater - a building, or a room within a building, used for presenting motion picture film, video tape or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.

            Sexual conduct - ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus, anilingus or physical contact with a person's nude or partially denuded genitals, pubic area, perineum, anal region, or, if such person be female, a breast.

            Sexually explicit nudity - a sexually oriented and explicit showing or exhibition, by any means or manner, which presents or exposes to the viewer the following anatomical areas: the human genitals, pubic area, perineum, buttocks or anal region, with less than a fully opaque covering; the covered human male genitals in a discernible turgid state; the postpubertal, full or partially developed human female breast with less than opaque covering of a portion thereof below the top of the areola or nipple.

      Agricultural Use Definitions

         Agribusiness - economic activities of farms including those undertaking commercial agricultural production, and those related businesses that produce, harvest, refine, and market raw agricultural commodities into food, fiber, and energy into final products for sale and distribution to local, regional, state and global markets. It encompasses all of the economic activities that are related to commercial agricultural production, the process and refinement of raw farm products into consumable goods; and the agriculture-related service industry which supports the production and distribution of agricultural products. It includes but is not limited to the following; animal husbandry, crop production, machinery sales and repair, fertilizer production and distribution, specialized farming, food, fiber, and energy processing and manufacturing, packaging, transportation, wholesale and retail trade, and the distribution of food, fiber, and energy products.

         Agricultural operation - an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

         Animal equivalent unit (AEU) - defined under the Pennsylvania Nutrient Management Act as 1,000 pounds of live weight of any animal.

         Animal feeding operation (AFO) - an operation that confines animals for at least 45 days in a 12-month period with no grass or other vegetation in the confinement area during the normal growing season.

         Concentrated animal feeding operation (CAFO) - these operations are defined as point sources under the Clean Water Act (CWA). The CWA prohibits discharges of pollutants from point sources, including CAFOs to surface water, unless in compliance with a National Pollutant Discharge Elimination System (NPDES) permit.

         Concentrated animal operation (CAO) - defined under the Pennsylvania Nutrient Management Act as any animal operation with more than 2,000 pounds of live weight per acre (2 AEU per ac) of land available to spread manure.

         Intensive agricultural operations - those intensive agricultural operations commonly known as confinement operations, where large numbers of animals or fowl are confined to a relatively small space and therefore tend to produce odors, flies, rats, and noise and may contaminate ground and surface waters and which include such operations as hog, veal, and poultry pens and houses, feedlots for beef, sheep, and other animals and dairy farming operations. For the purpose of this section, any enclosure, pen or building for the concentrated confinement of livestock or poultry wherein more than 300 veal animals, slaughter or feeder cattle, 200 mature dairy cattle, 750 swine, 150 horses, 3,000 sheep, lambs, goats or similar animals; 16,500 turkeys or 30,000 laying hens or broilers are confined or housed shall constitute intensive agriculture. Enclosed pasture or range where grass is maintained for nine months of the year or where animals are confined at no more than 15 adult animals per acre shall not constitute intensive agriculture.

      Alterations - as applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, or the moving from one location or position to another.

      Alterations, structural - any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

      Americans with disabilities act (ADA) - a 1990 federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities, and services.

      Animal breeder - a person or persons involved in the breeding of household pets. Such animals may include dogs, cats, rabbits, etc.

      Animal, domesticated - Any animal, excluding livestock, that has been bred and/or raised to live in or about the habitation of humans and is dependent on people for food and shelter.

      Animal hospital - a building used for the treatment of small household pets (domestic animals) such as dogs, cats, rabbits, and birds or fowl by a veterinarian.

      Animal husbandry - a farming operation which includes the breeding or use of animals for farming purposes, excluding the breeding of household pets.    

      Apartment house - see “dwelling, multi-family.”

      Automotive repair services - establishments primarily engaged in furnishing automotive repair, rental and or leasing services to the general public.

      Bank/finance, insurance, and real estate - establishments such as banks and financial institutions, credit agencies, investment companies, brokers of and dealers in securities and commodities, security and commodity exchanges, insurance agents, lessors, lessees, buyers, sellers, agents, and developers of real estate.

      Base density - the density achieved when a property is developed in accordance with the Dover Township Subdivision and Land Development Ordinance [Chapter 22] and this Chapter.

      Basement - that portion of a building which is partly or completely below grade. See “story, above grade.”

      Bed and breakfast inn - an owner-occupied single-family detached dwelling, where between one and five rooms are rented to overnight guests on a daily basis for periods of less than two weeks. Breakfast may be offered only to registered overnight guests.

      Boarding house - see “rooming house.”

      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 (whether private or public) of any kind including tents, awnings, or vehicles situated on private property and used for purposes stated above.

         Building, accessory - a building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the principal building.

         Building, attached - a building which has two or more party walls in common.

         Building, detached - a building which has no party wall.

         Building, principal - a building in which is conducted the principal use of the lot on which it is located.

         Building, semi-detached - a building which has only one party wall in common.

      Building area - the total area if a principal building and all accessory buildings. The area measured shall be the outside dimensions on a horizontal plane at ground level or any vertical extension thereof, excluding eaves and other roof overhangs.

      Building coverage (maximum) - a percentage which when multiplied by the lot area will determine the maximum permitted area that can be developed or covered by buildings.

      Building height - the total overall height in feet of a building measured from the average grade level to the highest point of the roof.

      Building line, front - a line parallel to the street line touching that part of a building closest to the street.

      Building line, rear - a line parallel to the rear property line touching that part of the principle building closest to the rear property line.

      Building line, side - a line parallel to the side property line touching that part of the principle building closest to the side property line.

      Building side - the exterior side of a building that is perpendicular to the front and or rear of a building.

      Building permit - a permit, issued by the Township Zoning Officer or other authorized agent, to allow the construction of a building or structure according to Uniform Construction Code or other applicable building codes.

      Building setback line - see “setback line.”

      Business-office park - see “office/business park.”

      Business services - establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; data collection and processing, employment services; management and consulting services; protective services; equipment rental leasing; commercial research, development, architectural, engineering, testing; photo finishing; and personal supply services.

      Campground or recreational vehicle park - a lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupancy by transients in recreational vehicles or tents.

      Campsite - a plot of ground within a campground intended for occupancy by a recreational vehicle or tent.

      Campus-style development - a development style and spacial orientation of buildings, roads, and landscaping using specific tract design criteria appropriate for the development of business parks, industrial parks, science and research campus, institutional and educational parks, and or retirement communities intended to be sensitive to the natural environment.

      Care Facilities Definitions

         Adult day care center - A building, or portion of a building, other than a residence in which services are provided or arranged to assist in meeting the needs, including personal care, social, nutritional, health and educational needs for part of a 24-hour day. Care is provided for more than four persons unrelated to the operator. The facility must be licensed by the appropriate state agency and conducted in accordance with federal and state regulations.

         Child day care center(large) - A facility, other than a residence, in which 16 or more children who are not related to the operator receive child care for a period not to exceed 24 hours at one time.

         Child day care center (small) - A facility, other than a residence, in which seven to 15 children who are not related to the operator receive child care for a period not to exceed 24 consecutive hours at one time.

         Domiciliary child day care - A child care business located in the caregiver's home in which four, five or six children who are not related to the caregiver receive child care for a period not to exceed 24 consecutive hours at any one time.

         Domiciliary adult care home - A single-family dwelling licensed by the York County Area Agency on Aging and conducted in accordance with Commonwealth regulations in which a supervised living arrangement in a homelike setting for a period exceeding 24 consecutive hours is provided to no more than three clients who are not relatives of the operator and who need supervised, protective living arrangements but not skilled nursing care or hospital care.

         Nursing care facility - An institution or facility other than a residence that provides either skilled or intermediate long term nursing care to residents, who are unrelated to the nursing home administrator for a period exceeding 24 consecutive hours The facility must be licensed by the appropriate state agency and conducted in accordance with federal and state regulations.

         Personal care facility - A single family dwelling licensed by the appropriate state agency and conducted in accordance with federal and state regulations providing health related care and service on a regular basis to four or more persons who are resident individuals and who do not require hospital or skilled nursing care, but who, because of mental, physical conditions, or age require the services under a plan of care supervised by licensed and qualified personnel.

      Carport - an accessory structure not totally enclosed which is primarily designed or used for parking automobiles.

      Cellar - a space having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the number of stories or building height.

      Cemetery - property used for the burial of the dead including mausoleums, burial grounds, vaults and gardens.

      Certificate of use and/or occupancy - a certificate, issued by the Zoning Officer, which permits the use of a building in accordance with the approved plans and specifications and certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.

      Church - see “house of worship.”

      Clearing for lot development - the large-scale, indiscriminate removal of trees, shrubs, and undergrowth with the intention of preparing real property for nonagricultural development purposes.

      Club, nonprofit - a group of people bound by a constitution or bylaws who are organized for a common nonprofit purpose, i.e., religious, social, cultural, entertainment or educational purposes. Qualified members attend regular meetings, pursue common goals, and similar interests or activities. Clubs may or may not require a fee or dues to acquire membership status. The Masons, the Knights of Columbus, sportsman clubs, Boy/Girl Scouts, etc., are examples of such clubs.

      Club, profit - a group of people with similar interests who pay for the opportunity to use an owner's land, facilities, or services. Recreational activities such as golf, tennis, racquetball, are examples of such profit clubs.

      Codes Enforcement Officer - Codes Enforcement Officer is the administrative officer authorized to enforce the Uniform Construction Code and other codes, as appointed by the Dover Township Board of Supervisors.

      Commercial recreation facility - a commercial establishment where participatory athletic, recreational or physical activities are provided for gain or profit, and includes health and fitness centers and exercise spa or club, a commercial ice or roller skating rink, go-cart facilities, miniature golf, squash, soccer, baseball, tennis or golfing facility and a commercial outdoor recreation area designated for all or part of the activities to take place, but does not include a riding stable, amusement center or amusement park.

      Common open space - a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

      Comprehensive Plan - the plan, or parts thereof, which have been adopted by the Township Board of Supervisors, showing its recommendations for such systems as land uses, parks and recreation facilities, water supply, sewerage and sewage disposal, garbage disposal, transportation, community facilities and other public improvements which affect the development of the Township.

      Conference center - a facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health center, and retail stores and services primarily for conference center guests.

      Conservation-based design - a subdivision design process that delineates significant natural environmental features including, but not limited to, steep slopes; flood plains; wetlands; historic and cultural buildings and structures; well head protection areas; and water bodies specific to a tract of land proposed for future development.

      Contractor's office/shop/or storage yard - a lot or portion of a lot or parcel used to store and maintain construction equipment and other materials, facilities, and administration offices customarily required in the building trade by a construction contractor.

      Convenience store - a retail store which primarily offers food and related items, but which may also dispense fuel, unless specifically prohibited in the district regulations.

      County - York County, Pennsylvania.

      County planning commission - York County Planning Commission.

      Crematory - a mortuary establishment containing a furnace where a corpse can be burned and reduced /cremated to ashes governed by Department of Environmental Protection, Bureau of Air Quality and must obtain proper permitting (General Permit BAQ-GPA/GP-14: Human or Animal Crematories).

      Dedication - the transfer of property by the owner to another party.

      Deed - a legal document conveying ownership of real property.

      Density - density is calculated as the number of dwelling units per acre.

      Designated growth area - an area in the Township described in the Dover Borough/Dover Township Joint Comprehensive Plan that includes and surrounds Dover Borough, and within which residential and mixed use development is permitted or planned for at densities of one unit to the acre or more, commercial, industrial and institutional uses are permitted or planned for and public infrastructure services are provided or planned.

      Determination - final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the Board of Supervisors and the Zoning Hearing Board. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

      Developer - any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

      Development - any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, dredging, filling, grading, excavation, or drilling operations and the subdivision of land.

      Development of regional significance and impact - any land development that, because of its character, magnitude, or location will have substantial effect upon the health, safety, or welfare of citizens in more than one municipality.

      Development plan - the provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use of density of development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of the development plan” when used in this act shall mean the written and graphic materials referred to in this definition.

      Development tract - an area, parcel, site, piece of land, or property that is the subject of a development application.

      Driveway - a private vehicular access between a public street and a garage, carport or other parking space for one single-family or a two-family dwelling.

      Dwelling - a building or structure designed for living quarters for one or more families, including modular or mobile homes; but not including rooming houses, convalescent homes, motels, hotels, dormitories, or other accommodations used for transient occupancy.

         Dwelling, multi-family - a building containing three or more dwelling units including apartment houses or garden apartments. All dwelling units are located on a single lot and share with other units a common yard area.

         Dwelling, single-family attached - a portion of a building containing one dwelling unit and having two party walls in common with other dwelling units, such as a row home or townhouse. Each dwelling is located on a single lot.

         Dwelling, single-family detached - a building containing only one dwelling unit and having two side yards.

         Dwelling single-family semi-detached - a portion of a building containing one dwelling unit, having one side yard and having one party wall in common with another dwelling unit. Each dwelling unit is located on its own lot.

         Dwelling, two-family (duplex) - a building containing two dwelling units, having two side yards and having one partition in common between the two units, arranged in either a side-by-side (duplex) or over-and-under configuration. Both dwelling units are located on a single lot.

         Dwelling unit - one or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

      Easement - a grant of one or more property rights by the property owner to and/or for use by the public, a corporation, or another person or entity. Such use shall not include the placement of structures, unless such structures are an integral part of a utility.

      Ethanol - ethanol is produced chemically from ethylene or biologically from grains, agricultural wastes, or any material containing starch or sugar. Ethanol is produced at an ethanol production facility. Like gasoline, ethanol contains hydrogen and carbon, however; ethanol also contains oxygen in its chemical structure.

      Ethanol fuel - an alcohol based liquid fuel, known as ethyl alcohol or grain alcohol, used for vehicle and machinery consumption. Ethanol, E85 the most commonly produced ethanol fuel, has fewer highly volatile components than gasoline and so has fewer emissions resulting from evaporation.

      Family - a family shall include one or more of the following:

         (1)   A single individual occupying a dwelling unit.

         (2)   Two or more persons related by blood, marriage or adoption occupying a dwelling unit.

         (3)   Not more than six unrelated persons who may or not be the functional equivalent of a family in that they live together, participate in such activities as meal planning, shopping, meal preparation and the cleaning of their dwelling unit together and who are part of a community based residential home which qualifies as a community living arrangement licensed by the Pennsylvania Department of Public Welfare or other appropriated Federal or State agency having jurisdiction, where the persons occupying the home are handicapped persons under the terms of the Fair Housing Amendments Act of 1994 and where the operator of the home provides room and board, personal care, rehabilitative services and supervision in a family environment. The presence of services staff persons in a home meeting this definition shall not disqualify the group of persons occupying the dwelling unit a “family.”

         (4)   A family as herein defined specifically excludes a boarding house, club, fraternity, hotel or any similar group living arrangement.

      Farm/farmer’s market - the selling or offering for sale as retail of vegetables or produce, flowers, orchard products, bakery goods, crafts, jewelry, meat and deli goods, and similar non-animal agricultural products, excluding the sale of ethanol fuel and bio fuel, occurring at a set location where one or more vendors have either raised or produced the goods or have bought for retail sale.

      Farm buildings - buildings erected on any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, or dairy products, including those structures used for storage of equipment and animals and incidental uses.

      Farm machinery - all types of machinery and equipment which were originally manufactured for farm use, which are retained on farm properties, either as operable equipment or for the purpose of salvaging repair parts.

      Farm product warehouses - a warehouse used for the long term or short term storage of farm products produced locally. Does not include a retail area.

      Financial institution - a bank, savings and loan association, credit union, finance or loan company, etc.

      Flea market - an occasional or sporadic market held in an open area or structure where groups of individual sellers offer goods for sale to the public.

      Flood, flooded, or flooding - a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source.

      Flood, 100-year - the flood having one chance in 100 of being equaled or exceeded in any one-year period.

      Flood elevation, 100-year - the water surface elevations of the 100-year flood.

      Flood elevation, regulatory - the 100-year flood elevation plus a freeboard safety factor of one and one-half feet.

      Flood fringe - that portion of the flood plain outside the regulatory floodway (often referred to as the “floodway fringe”).

      Flood of record - the flood which has reached the highest flood elevation above mean sea level at a particular location.

      Floodplain - the lowland and relatively flat areas adjoining inland waters, including at a minimum, that area subject to inundation by the 100-year flood. The base floodplain shall be used to designate the 100-year floodplain (1% chance floodplain). The critical action floodplain is defined as the 500-year floodplain (.2% chance floodplain).

      Flood-prone area - see “floodplain.”

      Floodproof, floodproofed, floodproofing - the modification of individual structures and facilities, their sites, and their contents to protect against structural failure by as a result of flooding, to keep water out or to reduce effects of water entry.

      Floodway, regulatory - the area regulated by Federal, State or local requirements; the channel of a river or other watercourse and the adjacent land areas that must be reserved in an open manner, i.e., unconfined or unobstructed either horizontally or vertically, to provide for the discharge of the 100-year flood so the cumulative increase in water surface elevation is no more than designated amount (not to exceed one foot as set by the National Flood Insurance Program).

      Floor area, gross - the sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar, basement and attic floor areas not devoted to habitable use, but including the area of roofed porches and roofed terraces. The area shall be measured between the exterior faces of the walls.

      Floor area, gross leasable - the sum of the floor areas designed for the tenants' occupancy and use, including area on which tenants pay rent, sales area and integral stock areas.

      Floor area, habitable - the sum of the floor areas of all heated finished rooms within a dwelling unit, used on a daily basis for habitation. Such areas may include living rooms; recreation rooms; kitchens; dining rooms; bedrooms; bathrooms; hallways; closets; heated and finished basements, cellars and attics; and attached garages which have been converted into an integral part of the living quarters. It does not include garages; porches, whether roofed, unroofed, or enclosed; roofed terraces; unfinished and unheated basements, attics, cellars or garages, etc.

      Floor area, net - the total of all floor areas of a nonresidential building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor.

      Footcandle - the unit of illumination where the foot is the unit of length.

      Forestry - the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

      Fraternal organization - a group of people formally organized for a common interest, usually cultural, religious, or entertainment, with regular meetings, rituals, and formal written membership requirements.

      Funeral home - a building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation.

      Future growth area - an area in the Township described in the Dover Borough/Dover Township Joint Comprehensive Plan outside of and adjacent to the designated growth area where residential, commercial, industrial and institutional uses and development are permitted or planned at varying densities and public infrastructure services may or may not be provided, but future development at greater densities is planned to accompany the orderly extension and provision of public infrastructure services.

      Garden center - a greenhouse/nursery that also offers for sale any lawn, garden, or outdoor items whether it be for decorative or other useful purposes.

      Golf course - a tract of land laid out for at least nine holes for playing the game of golf that may include a clubhouse, dining and snack bars, pro shop, and practice facilities.

      Greenhouse/nursery - any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines, flowers, vegetables or other plants, including the buildings, structures and equipment customarily incidental and accessory to the primary use. Items directly related to the growth and propagation of plants may be sold, such as fertilizer, plant food, etc.

      Group home - a dwelling designed and used as a residence for individuals with disabilities, as defined and protected by the Federal Fair Housing Act, as amended, who live together primarily for purposes relating to their disabilities as the functional equivalent of a family in a shared living arrangement licensed or certified by the appropriate county, commonwealth or federal agency.

      Half-way house - a licensed home for adjudicated persons on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently.

      Heavy storage, sales/service - the keeping, in an unenclosed and uncovered area, of any goods for storage and or sales, materials, merchandise, or vehicles in the same place for more than 24 hours.

      Home occupation - any use of a dwelling conducted solely by a member or members of the family residing therein, which is incidental or subordinate to the main use of the building(s) for residential purposes.

      Homeowners association - an incorporated nonprofit organization operating under recorded land agreements through which each lot and/or homeowner in an open space or mixed used residential development or other described land area is automatically a member. Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property.

      Hospital - a place for the diagnosis, treatment, or other care of humans and having facilities for in-patient care.

      Hotel or motel - a group of attached or detached buildings containing sleeping rooms or living units with accessory facilities designed for temporary use by transient guests, chiefly motorists; including auto courts, motor lodges and similar establishments.

      House of worship - a building, structure, or group of buildings or structures, including accessory uses, designed or intended for worship. Accessory uses may include administrative offices, rectories, convents, church-related schools and associated facilities, church day-care facilities, cemeteries or any combination thereof.

      Household pet breeding, commercial - an establishment where animals are impregnated either naturally or by artificial insemination and whose principal purpose is to propagate the species.

      Housing for the elderly:

         Age-qualified resident - an occupant of a dwelling unit in an age-restricted housing community who is 55 years of age or older who occupies the dwelling unit as his or her primary residence.

         Age-restricted community, or retirement community - a residential subdivision, containing residential units intended and operated for occupancy where 100% of the units are occupied by persons 62 years of age or older; or where at least 80% of the units must be occupied (not owned) by at least one person 55 years of age or older in accordance with the Federal Fair Housing Act of 1968, as amended. Housing for Older Persons Act redefined this portion of the exemption to describe housing:

            (1)   Intended and operated for occupancy by persons 55 years of age or older, and

            (2)   At least 80% of the units are occupied by at least one person who is 55 years of age or older; and

            (3)   It provides for age verification by reliable surveys and affidavits; and

            (4)   It has published and adheres to policies and procedures that demonstrate its intent to qualify for the exemption.

         Age-restricted community association - any non-stock corporation or unincorporated residential association, established in accordance with the Uniform Condominium Act (UCA) of Pennsylvania or the Pennsylvania Uniformed Planned Community Act to administer the covenants in an Age-Restricted Housing Community.

         Age-restricted community covenants - those portions of the governing documents of an Association that impose age restrictive requirements.

         Assisted living or residential health care facilities - residences for the elderly that provide rooms, meals, personal care, and supervision and self-administered medication. They may provide other services, such as recreational activities, financial services, and transportation.

         Continuing care retirement community - an age-restricted development that provides a continuum of accommodations and care, from independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and an entrance fee in excess of one year of monthly fees.

      Impervious area - any portion of a lot covered by material that cannot be penetrated by precipitation and/or surface water, including buildings, structures, parking lots, parking areas and paved areas. For the purposes of this definition, all portions of parking lots and parking areas shall be considered as impervious areas regardless of the degree of precipitation penetration.

      Impervious surface - any material which prevents the absorption of water into the ground.

      Industrial park - an industrial park is a tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and/or transportation), circulation, parking, utility needs, aesthetics, and compatibility.

      Industry definitions

         Industry, light - uses intended for industrial businesses that need industrial resources, but that do not have the potential impacts on surrounding areas that heavy industry does. Light industrial areas have a special emphasis and attention given to aesthetics, landscaping and community compatibility. Zones permitting light industrial uses are comprised of predominantly industrial uses but may incorporate office and neighborhood-sized commercial uses that support and compliment the industrial area.

         Industry, medium - uses intended for industrial businesses that need industrial resources, but that do not have the potential impacts on surrounding areas that heavy industry does but impact surrounding areas more than light industrial. Medium industrial areas have a special emphasis and attention given to aesthetics, landscaping and community compatibility. Zones permitting medium industrial uses are comprised of predominantly industrial uses but may incorporate office and neighborhood-sized commercial uses that support and compliment the industrial area.

         Industry, heavy - uses that have intense industrial activities such as manufacturing, refining, warehousing and distribution operations that may have impacts on surrounding areas, including, but not limited to, noise, odor or aesthetic impacts. Heavy industrial areas must have a special emphasis and attention given to development aesthetics, landscaping and the employment needs of the surrounding community.

      Junk - any discarded, salvageable article or material including, but not limited to, scrap metal, paper, rags, glass, containers, scrap wood, motor vehicles, trailers, machinery and equipment, with the exceptions of farm machinery and mobile homes or house trailers which are occupied or are properly placed and planned for occupancy.

      Junk dealer - any person who buys, sells, salvages, stores, or in any way deals in junk; or owns, leases, operates or maintains a junkyard within Dover Township.

      Junkyard - any place where junk as herein defined is stored or accumulated. Any premises as herein defined having two or more unlicensed motor vehicles and/or trailers thereon shall be deemed to be a junkyard, except that the foregoing shall not apply to duly licensed automobile dealers having operable vehicles on their premises for resale. Such exception shall not apply to inoperable vehicles being stored primarily for salvage purposes.

      Kennel - any building or buildings and/or land used for the keeping, boarding, breeding or training of four or more dogs, cats, fowl or other small domestic animals (excluding pets that are primarily kept indoors and in cages or tanks), at least four months of age and kept for purposes of either profit, show, hunting or as pets, but not to include riding stables or cases involving animals raised for agricultural purposes.

      Land development - any of the following activities:

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

            (1)   A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

            (2)   The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

         B.   A subdivision of land.

            Development in accordance with the MPC, Section 503 (1.1).

            The following shall not be considered a “land development”:

            (1)   The conversion of an existing single-family detached dwelling or single-family semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium.

            (2)   The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.

            (3)   The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an “amusement park” is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

            (4)   Expansion of an existing principle structure; up to 35% of the existing gross floor area of the building as it existed on the date of this amendment; or to a cumulative total gross floor area of 20,000 square feet, whichever is the lesser.

      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.

      Laundry/laundromat/dry cleaning - an establishment providing washing, drying, or dry cleaning machines on the premises for rental use to the general public or laundry or dry cleaning service available for a fee to the general public.

      Light glare, direct - illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature process as welding or petroleum or metallurgical refining.

      Light glare, indirect - illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure.

      Livestock - farm animals such as cattle, donkeys, horses, mules, burrows, sheep, swine, llamas, alpacas, ostriches, emus or goats kept for agricultural use, commercial purposes or pleasure. Also includes small animals such as poultry, ducks, geese, etc.

      Loading space - an off-street space suitable for the loading or unloading of goods and having direct usable access to a street.

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

         Lot, double frontage - a lot other than a corner lot fronting on two streets. The front of the lot shall be defined as the area bounded by the street line which determines the property address.

         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.

         Lot, reverse frontage - a lot extending between and having frontage on a major street and minor street with vehicular access solely from the latter. The front of the lot shall be defined as the area bounded by the street line which determines the property address.

         Lot area - the area contained within the property lines of the individual parcels of land as shown on a land development plan, excluding any area within a street right-of-way, but including the area of any easement.

         Lot, corner - a lot or parcel of land abutting on two or more streets at their intersection or on two parts of the same street forming an interior angle of less than 135 degrees. The front of the lot shall be defined as the area bounded by the street line which determines the property address.

      Lot coverage - that portion of the lot which is not covered by grass or vegetative material.

      Lot coverage percentage - a percentage which when multiplied by the lot area will determine the permitted area that may be covered with an impervious surface (e.g., buildings, driveways, parking areas and sidewalks).

      Lot depth - the average distance measured from the front lot line to the rear lot line.

      Lot frontage - the lot dimension measured along the street line of any street abutting a lot.

      Lot line - a line of record bounding a lot that divides one lot from another lot or from a public or private street line (see “street line”) or any other public space.

      Lot, residential - a lot containing a residential dwelling unit(s) where an individual is actually living and any other use customary or incidental to a residential dwelling unit.

      Lot width - the horizontal distance measured at the minimum required front setback line between the side lot lines (see § 27-503.G.).

      Lot width, average - lot width calculated by using a minimum of three evenly distributed points along the lot line. One required point of measurement shall be at the required building setback line between the side lot lines.

      Manufacturing - uses that involve the primary production or refining of commodities from raw materials.

      Manufactured home - a factory-built, single-family structure that meets the National Manufactured Home construction and Safety Standards Act (42 U.S.C. §5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) code. A “mobile home” is one form of a manufactured home.

      Mediation - a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

      Medical laboratory - a facility where human tissue and blood samples are tested for medical purposes. Such a facility may be open to the public for the purpose of obtaining such samples.

      Medical center - a facility providing medical services or care to the general public on an outpatient basis. It includes the offices or group of offices of physicians, surgeons, dentists, optometrists, ophthalmologists, physical therapists, chiropractors, psychologists, psychiatrists or other facilities offering similar kinds of medical care and treatment to the general public.

      Medical facilities - a building or structure that contains establishments providing support to medical professionals and their patients; dispenses health services; and or sells/provides miscellaneous types of medical supplies, services and research.

      Minerals - any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

      Mini-storage facility - a facility providing for the enclosed storage of household items, recreational equipment and/or classic or antique automobiles and/or for the outdoor storage of recreational vehicles, where said items are retained for direct use by their owner who shall have direct access thereto without intermediate handling by the proprietor of the facility.

      Mobile home - a transportable, single family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

      Mobile home 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 has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

      Mobile home stand - that part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.

      Motor vehicle - all types of automobiles, motor cycles, trucks, and tractors, including self-propelled machinery of all kinds with the exception of farm machinery.

      Municipal buildings, facilities or uses - any building, structure or other facility belonging to Dover Township, or any of its associated municipal authorities, utilized for the purpose of conducting the duties and business of Dover Township.

      Natural preserve - a tract(s) of open space that preserves or protects endangered species, critical environmental features, viewsheds, or other natural elements.

      Neighborhood convenience center - an area designated in a mixed use residential development for the provision of limited commercial and service uses to meet the needs of the residents.

      No-impact home-based business - a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

      Nonconformity - a use, structure, lot or dimension which is existing on the effective date of this Chapter, or created by any subsequent amendment of this Chapter, or created by variance, and in conflict with the regulations of this Chapter. Specifically, the following types of nonconformities are distinguished:

         Nonconforming lot - a lot, the area, location or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

         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, nonconforming signs.

         Nonconforming use - a use, whether of land or of structure, which does not comply with the applicable use provisions in this Chapter 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 amendment to its location by reason of annexation.

      Nonprofit - an educational, religious or charitable use which qualifies as “nonprofit” under §501-c of the Internal Revenue Service Code or other applicable Pennsylvania codes.

      Nonresidential uses - all uses in the Township that are not residential or agricultural uses shall be considered nonresidential uses.

      Office - business or professional offices which generally operate on an appointment basis.

         Office building - a building used primarily for conducting the affairs of a business, profession, service, industry, corporation, or government, or like activity; it may include ancillary services for office workers such as a restaurant, coffee/beverage shop, newspaper or candy sales, and child care facilities.

         Office, business - shall include advertising agencies, opticians' offices, personnel agencies, and travel and ticket agencies and similar offices.

         Office, professional - shall include offices of accountants, actuaries, architects, attorneys, clergy, dentists, designers, engineers, insurance and bonding agents, manufacturing representatives, physicians, real estate agents, teachers, and miscellaneous consulting services.

         Office/business park - a development on a tract of land that contains a number of separate office buildings, accessory and supporting uses, and open space designed, planned, constructed, and managed on an integrated and coordinated basis.

      Open space - any parcel or area of land or water essentially unimproved and set aside, dedicated, or designated for public or private use of enjoyment of owners, occupants and their guests of land adjoining or neighboring such open space.

      Open space ratio - total area of open space divided by the total tract area in which the open space is located.

      Outdoor recreation facility - a use of open land for leisure time activities such as a beach, swimming pool, tennis courts, golf course, miniature golf, golf driving range, ski slopes or a drive-in theater, either privately or publicly owned.

      Outdoor storage - the keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.

      Outdoor trap, skeet, rifle, pistol or archery range - an outdoor facility, which may include buildings or structures used for target practice with bows and arrows, guns, and rifles.

      Over-the-air-reception devices (“OTARD”) - antennas used to receive video programming, and data services, including television and internet, which are regulated by the Federal Communications Commission (FCC, 47 C.F.R. Section 1.4000). An OTARD is considered an accessory structure.

      Parcel - see “lot.”

      Park - a public green space designed for both passive recreation and active recreation. May include improvements and structures designed for communal gatherings or entertainment.

      Parking area - any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

      Parking garage - a building where passenger vehicles may be stored for short-term, daily, or overnight off-street parking.

      Parking lot - an open lot where passenger vehicles may be stored for short-term, daily, overnight off-street parking.

      Parking space - a space for the parking of a motor vehicle within a public or private parking area.

      Performance standards - a set of criteria or limits relating to certain characteristics that a particular use or process may not exceed.

      Personal communication transmitting and receiving facility - any antenna, radio receiving structure, microwave antenna for satellite communication (commonly referred to as a satellite dish), or other similar facilities used to transmit and receive electromagnetic waves for personal non-business use which does not fall under the Federal Communications Commission definition of an over-the-air-reception device (“OTARD”). Such a structure is considered an accessory structure.

      Personal service shop - shall include barber and beauty shops, radio and television repair, repair shops for home appliances and tools, bicycles, guns, locks, shoes and watches, tailor and dress making shops, laundry and dry cleaning establishments, photographer's studio, or any other similar establishment providing personalized service to customers.

      Pet - An animal that is kept by humans for companionship and enjoyment, rather than for economic reasons. Pets as defined under this ordinance include dogs, cats, fish, birds, ferrets, domesticated mice, rats, guinea pigs, hamsters, gerbils, snakes and similar animals.

      Plan - the map or plan of a subdivision or a land development, whether sketch, preliminary or final.

      Planning Code - the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, Act 247, as reenacted and amended, 53 P.S. §10101 et seq.

      Planning commission - Dover Township Planning Commission.

      Plat - the map or plan of a subdivision or land development, whether preliminary or final.

      Premises - any parcel of land situated in Dover Township having a separate tax map parcel number for County assessment purposes.

      Preservation or protection - when used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

      Prime agricultural land - land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture natural resource and conservation services county soil survey.

      Principal Solar Energy System ("PSES") - An area of land or other area, the primary use of which is for a solar collection system used to capture solar energy, convert it to electrical energy or power and supply electrical power primarily for off-site use. A principal solar energy system consists of one (1) or more free-standing ground, or roof-mounted solar collector devices, solar-related equipment and other accessory' structures and buildings including light reflectors, concentrators, and heat exchangers, substations, battery storage facilities, electrical infrastructure, transmission lines and other appurtenant structures.

      Professional consultants - persons who provide expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.

      Public - owned, operated or controlled by a government agency (Federal, State or local - including a corporation created by law for the performance of certain specialized governmental functions and the Board of Public Education).

      Public/semi public facilities and uses - any organization or entity whose purpose is to provide a service to the general public, other than Dover Township municipal facilities including, but not limited to, Police Department, Fire Department, post office, library, any government facility, etc.

      Public grounds - includes:

         (1)   Parks, playgrounds, trails, paths and other recreational areas and other public areas.

         (2)   Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

         (3)   Publicly owned or operated scenic and historic sites.

      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 in accordance with the Municipalities Planning Code.

      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.”

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

      Public sewer - a municipal sanitary sewer system or a comparable common or package sanitary facility (i.e., community sewer system) approved and permitted by the Pennsylvania Department of Environmental Protection.

      Public water - any system, other than an individual well, that is operated by a municipality, governmental agency, or a public utility for the furnishing of potable water.

      Quarry - the searching for or removal or rock, soil, or mineral from the earth by excavating, stripping, mining, leveling or any other process but exclusive of excavations or grading involved in the construction of a building. Also includes any processing operations in connection with the activities above. Permitted quarrying operations must comply with all current applicable Federal, State and local regulations.

      Recreation, active - leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites and fields.

      Recreation, passive - activities that involve relatively inactive activities, such as walking, sitting, picnicking, card games, and table games.

      Recreational vehicle - a vehicle with or without motive power which may travel or which may be towed on the public highways by a passenger automobile without a special hauling permit, and which is designed for recreation and/or human occupancy, under transient circumstances. A recreational vehicle shall include travel trailer, camper, snowmobile, golf cart, three or four wheel all terrain vehicle, trail/dirt bike, boat, boat trailer, airplane or other similar vehicle.

      Refining operations - a production facility composed of a group of engineering unit processes and unit operations refining certain materials or converting raw material into products of value.

      Research laboratory/product development facility - a building used for research, data processing, testing, analytical research, product development, housing for profit or not for profit professional and non-professional staff not involving manufacturing, sale, processing, warehousing, distribution or fabrication of materials, products or goods.

      Residential conversion - a multi-family or two-family dwelling constructed by converting an existing building into apartments for more than one family, without substantially altering the exterior of the building.

      Restaurant - a public eating place which may consist of either of the following four types:

         Restaurant, carry-out/delivery - an establishment that by design of the physical facilities, service, or packaging sells prepared ready-to-eat foods intended primarily to be consumed off the premises.

         Restaurant, drive-through - a public eating place which offers prepared or standardized food for through window service only.

         Restaurant, fast food - a public eating place offering stand-up, sit-down counter, vending machines, window, or in-car service that offers prepared or standardized food for either on or off premises consumption on premises.

         Restaurant; sit-down - a public eating place primarily offering sit-down counter or table service and customer prepared food for consumption on premises.

      Retail sales - establishments engaged in selling consumer goods or merchandise to the general public for personal or household use and rendering services incidental to the sale of such goods.

      Retail sales, outdoor - the display and sale of products and service, primarily outside of a building or structure, including vehicles; garden supplies, flowers, shrubs, and other plant materials; gas, tires, and motor oil; food and beverages; boats and aircraft; farm equipment; motor homes; burial monuments; building and landscape materials; and lumberyards.

      Retail services - establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, finance, real estate and insurance, motion pictures, amusement and recreation services, health, educational, and social services, museums, and galleries but not including commercial recreational facilities.

      Riding academy or boarding stable - an establishment where horses are kept for riding or driving, or are stabled for compensation.

      Right-of-way - land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, railroad, utility or other public or private use.

         Right-of-way, future - right-of-way width required for the expansion of existing streets to accommodate anticipated future traffic loads. Also a right-of-way established to provide future access to or through undeveloped land.

         Right-of -way, street - the total dedicated width of a public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as an arterial, collector or local roadway.

      Roadside stand - a temporary or permanent structure from which goods grown or produced from the region are sold, excluding the sale of ethanol fuel and bio-fuel.

      Rooming house - a dwelling unit or part thereof where lodging is provided with or without meals for compensation. There shall not be more than four individuals in the dwelling unit that do not constitute a family.

      School, commercial - a school conducted for profit for such special instruction as business, art, music, trades, handicraft, dancing or riding.

      School, private - an educational institution owned and operated by a private entity offering a curriculum approved by the State.

      School, public - a place of instruction operated by Dover Area School District.

      Screening -    the use of plant materials, fencing, walls and/or earthen berms, or combinations thereof, to aid in the concealment of such features as parking areas and vehicles, and to provide for privacy between two or more different land uses or activities; a visual and/or sound buffer or other barrier.

      Service 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 sale of motor vehicle accessories at retail only, but not including mechanical repairs, body and fender work, painting, vehicular sales or rental or automatic car washes.

      Setback - the distance between a setback line and a property or street line.

      Setback, front - the minimum required distance between the street line and the front setback line projected the full width of the lot, except in the case of an alley where a side or rear setback shall be provided.

      Setback, rear - the minimum required distance between the rear lot line and the rear setback line projected the full width of the lot.

      Setback, side - the minimum required distance between the side lot line and side setback line projected from the front yard to the rear yard.

      Setback line - a line within a property and parallel to a property or street line which delineates the required minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.

      Shallow resource recovery (non-coal surface mining) - the phrase “shallow resource recovery” shall include but is not limited to the extraction of minerals from the earth, from waste, stockpiles or from pits or from banks by removing the strata or material that overlies or is above or between them (“overburden”) or otherwise exposing and retrieving them from the surface. The term includes but is not limited to quarrying and surface activity connected with surface mining, including but not limited to exploration, site preparation, entry, slope, berm location, construction and maintenance, fencing construction and maintenance, road construction and maintenance and reclamation, borehole drilling and construction and activities related thereto. The term does not include mining operations carried out beneath the surface by means of shafts, tunnels or other underground mine operations.

      Shared residence - a dwelling unit where up to four unrelated persons reside who may or may not be the functional equivalent of a family.

      Shopping center - a group of commercial establishments planned, constructed, and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic consideration and protection from the elements, and landscaping and signage in accordance with an approved plan.

      Sign - any object, device, display or structure or part thereof which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.

         Sign, advertising - a sign whose major purpose is for directing attention to a business commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.

         Sign, attached - a sign attached, painted or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.

         Sign, business - a sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.

         Sign, directional - an off-site sign which directs people to a community, an event of public interest, public uses and buildings, uses and buildings of service and charitable organizations, and uses and buildings of a commercial nature provided that no advertising matter other than identifying name or symbol shall be contained on signs of this type.

         Sign, freestanding - a sign supported by uprights or braces placed upon or in the ground and not attached to a building. Also includes signs mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground, often referred to as a portable or mobile sign. Freestanding signs may include but are not limited to: variable message/electronic message signs, advertising signs, billboards, business signs and/or directional and/or street signs.

         Sign, temporary - a sign that is intended to be used temporarily, as may be evidenced by the materials from which it is constructed, such as cloth, canvas, light fabric, cardboard, wallboard, plastic, or other material. Portable signs or any sign that is not permanently embedded in the ground, including variable message signs, are considered temporary signs.

         Sign, variable message - a sign that can change the message that it displays, whether manually or electronically.

      Solar energy - Radiant energy (direct, diffuse and/or reflective) received from the sun.

      Solar energy system - A collection of solar components, including solar panels, solar collector devices and solar-related equipment acting as a system used to capture solar energy, convert solar energy into electrical energy power and to supply the resultant electrical energy or power to an on-site or off-site use.

      Solar panel - That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for the generation of electricity.

      Solar-related equipment - Items including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for the collection of solar energy.

      Solid waste - any waste including, but not limited to, municipal, residual, or hazardous wastes including solid, liquid, semisolid, or contained gaseous material.

      Special event venue - the use of or the conversion of an existing, historically significant or architecturally interesting structure or the green space surrounding said structure for the purposes of gathering or congregating attendees to celebrate a milestone event such as a wedding, graduation, reunion, anniversary or similar occasion. This use anticipates the installation of tents, restroom facilities and canopies on a temporary basis.

      Special exception use -

         (1)   CV- Conservation District, § 27-401.3, “Special Exceptions.”

         (2)   A - Agricultural District, § 27-402.3, “Special Exceptions.”

         (3)   V-Village District § 27-403.3, “Special Exceptions.”

         (4)   R-1 - Residential District, § 27-404.3, “Special Exceptions.”

         (5)   R-3 - Residential District, § 27-405.3, “Special Exceptions.”

         (6)   R-4- Residential District, § 27-406.3, “ Special Exceptions.”

         (7)   C-Commercial District, § 27-407.3, “Special Exceptions.”

         (8)   BP-Business Office Park District, § 27-408.3, “Special Exceptions.”

         (9)   I-Industrial District, § 27-409.3, “ Special Exceptions.”

      Stockpile - reserve supply of goods, raw material, etc., or accumulation thereof.

      Story - that portion of a building included between the upper surface of a floor and the upper surface of the floor next above. For the purpose of this Chapter, cellars are excluded.

      Story, above grade - any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade where the surface of the floor above the basement is more than six feet above the finished ground level for more than 50% of the total building perimeter; or more than 12 feet above the finished ground level at any point.

      Story, half - a story under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath.

      Street - street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private, rural or local, including all area within the dedicated right of way.

         Street, private - a street not offered for dedication or whose dedication was not accepted by the municipality or other government entity.

         Street, public - a strip of land, including the entire right-of-way, dedicated to Dover Township for use as a means of vehicular and pedestrian circulation by the public-at-large.

         Street, side - street, other than street of address, on a corner lot.

      Street line - a line defining the edge of a street right-of-way and separating the street from abutting property or lots. Commonly known as the “street right-of-way line.”

      Structure - any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

         Principal structure - a structure associated with a primary use.

         Structure, accessory - a subordinate structure or a portion of the principal structure on a lot, the use of which is customarily incidental to that of the principal structure including, but not limited to, fences, swimming pools, patios, antennas, tennis courts, garages, utility shed, etc.

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

      Swimming pool - a body of water in an artificial or semi-artificial receptacle or other container including, but not by way of limitation, an earthen container of at least 18 inches in depth, used or intended to be used for public, semi-public or private swimming by adults and children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person whether he be an owner, lessee, operator, licensee, or concessionaire, exclusive or a fishpond or farm pond and shall include all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, and community associations.

      Tavern (bar, pub, sports bar, saloon, night-club, cocktail lounge, micro-brewery) - 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.

      This chapter - the Dover Township Zoning Ordinance [Chapter 27], and any supplements or amendments.

      Township - the Township of Dover, York County, Pennsylvania, its Board of Township Supervisors, its agents or authorized representatives.

      Tract - all contiguous land owned by the same land owner and all land owned by the same land owner which is contiguous except for the presence of public or private roads.

      Transportation terminal/Trucking facilities - an area and building(s) where trucks and other modes of freight transportation can load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

      Undeveloped land - land in parcels sufficiently large for future land development which is presently agricultural, woodland or lying fallow.

      Use - the specific purpose for which land or a building or structure is designed, arranged, intended, occupied or maintained.

         Use, permitted - a use permitted in a particular zoning district. A permitted use shall be deemed not to include any nonconformity.

         Use, principal - the main or primary use of property, buildings, or structures.

         Use, special exception -    a use permitted in a particular zoning district pursuant to the provisions in Part 6.

      Use certificate - see “certificate of use and/or occupancy.”

      Variance - a modification of any provision of this Chapter granted by the Zoning Hearing Board. See § 27-1003.

      Vehicle sales lot - an open lot for the outdoor display, sale and/or rental of new or used automobiles, recreational vehicles and/or similar vehicles.

      Vehicle service, repair and/or body shop - a building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, or serving of automobiles, recreational vehicles or similar vehicles, including the supplying of gasoline or oil to such vehicles when accessory to vehicle service/repair.

      Warehouse - a structure to be used for storage only of equipment and merchandise.

      Water facility - any water works, water supply works, water distribution system, or part thereof designed, intended or constructed to provide or distribute potable water.

      Water supply system, community - a water supply system, other than a public water supply system, providing water for two or more units of occupancy which shall comply with all applicable regulations of the Department of Environmental Protection or other regulatory agency.

      Water supply system, on-lot - a system for supplying and distributing potable water to a single dwelling or other building from a source located on the same lot.

      Watershed - the entire region or area drained by a river, creek, stream or other body of water whether natural or artificial.

      Wellhead protection area - the surface and subsurface area surrounding a water well or well field supplying a public water system, through which contaminants are reasonably likely to move toward and reach the water well or well field.

      Wetlands - those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

      Wind and energy-related uses - shall mean a use within a building, or a structure that is directly involved in the administration, research and development, testing, processing, production or manufacturing of alternative energy sources. Alternative energy uses are further described in terms of their siting constraints in the following three ways:

         •   Industrially-oriented stand-alone facilities including, but not limited to, biodiesel plant, ethanol, biodiesel, soybean, and similar bio-energy facilities.

         •   Stand-alone nontraditional alternative energy facilities including, but not limited to, wind, solar farm, hydo and geothermal. Energy generation facilities such as wind energy facilities or solar energy facilities have specific site location requirements.

         •   Accessory alternative energy uses including, but not limited to, net metering stations for small scale solar or wind facilities; facilities associated with local generation of power co-sited with an existing use.

      Wholesale establishment - establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

      Wireless Communications Facilities Definitions and Phrases.

         Accessory equipment - any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "Accessory Equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

         Antenna - an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

         Collocation - consistent with the nationwide programmatic agreement (NPA) for the collocation of wireless antennas, means: (l) mounting or installing an antenna facility on a pre-existing structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

         Distributed antenna system (DAS) - network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

         Emergency - a condition that: (1) constitutes a clear and immediate danger to the health, welfare, or safety ofthe public, or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

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

         FCC - Federal Communications Commission.

         Height of a Tower-Based WCF - the vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennae mounted on the tower and any other appurtenances.

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

         Non-tower wireless communications facility (non-tower WCF) - wireless communications facilities located or collocated on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

         Person - individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "Person" does not include or apply to the Township, or to any department or agency of the Township.

         Pole facility - A wireless communications facility located in the public rights-of-way and consisting of a single utility pole installed for the primary purpose of supporting one or more non-tower WCF.

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

         Small wireless communications facility - A wireless communications facility that meets the following criteria:

            (a)   The structure on which antenna facilities are mounted:

               (i)   Is 50 feet or less in height, or

               (ii)   Is no more than 10% taller than other adjacent structures, or

               (iii)   Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and

            (b)   Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

            (c)   All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.

            (d)   The facilities do not require antenna structure registration under 47 CFR Part 17;

            (e)   The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

            (f)   The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

         Stealth technology - camouflaging methods applied to wireless communications facilities and accessory equipment which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennae, building-mounted antennae painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

         Substantially change or substantial change - A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

            (a)   For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;

               i.   Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

            (b)   For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet;

            (c)   For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed 4 cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

            (d)   It entails any excavation or deployment outside the current site;

            (e)   It would defeat the concealment elements of the eligible support structure; or

            (f)   It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in 1.40001 (b)(7)(i) through (iv).

         Tower-based wireless communications facility (tower-based WCF) - a WCF and any newly installed structure that is used for the primary purpose of supporting one or more WCF, including, but not limited to, self-supporting lattice towers, guy towers and monopoles.

         WBCA - Pennsylvania Wireless Broadband Collocation Act (53 P.S. S 1 1702.1 et. seq.)

         Wireless - transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

         Wireless communications facility (WCF) - an antenna facility and/or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

         Wireless communications facility applicant (WCF applicant) - any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township owned land or property.

         Wireless support structure - a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).

      Winery - a manufacturing facility or establishment engaged in the processing of fruit to produce wine or wine-like beverages.

       Yard - an unoccupied space open to the sky on the same lot with a building or structure.

         Yard, front - the open unoccupied space between the front building line and the street, except alleys or service drives, for the full width of the lot. The depth of the front yard shall be measured between the front line of the principle building and the street line.

         Yard, rear - the open unoccupied space between the rear building line of a principle building and the street, alleys or service drives, for the full width of the lot. The depth of the rear yard shall be measured between the rear building line and the street line or rear lot/property line.

         Yard, side - the open unoccupied space between the side building line of a principal building and the property/lot line. The depth of the side yard shall be measured between the side building line and the property/lot line.

(Ord. 2015-06, 9/28/2015; as amended by Ord. 2019-03, 10/28/2019, § 2; and Ord. 2021-03, 3/22/2021, § 1)