(See Sections 808B and 1202 for more definitions)

The following words and phrases shall be construed throughout this Ordinance to have the meaning stated in this section, unless a different meaning is expressly indicated in the test:

A. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

B. Present tense shall include the future. "Shall" is always mandatory.

ACCESSORY BUILDING : A permanent structure subordinate to the main building and on the same lot, whether adjoining or detached from the main building, and used for purposes customarily incidental to those of the main building. Accessory Buildings cannot occupy any of the front yard and can be no closer than twenty-five (25) feet from the side or rear lot lines. [Amended 5/8/87]

ANIMAL BOARDING ESTABLISHMENT : A structure or group of structures used for the care and feeding of animals for a fee. Boarding of animals in single-family dwellings is limited to those animals owned by the residents. [Amended 6/10/91]

APPURTENANT STRUCTURE : A device or structure attached to the exterior or erected on the roof of a building designed to support service equipment or used in connection therewith, or for advertising or display purposes (signs), or other similar uses. [Amended 11/8/93]

APPLICANT : A landowner(s), agent of the landowner(s) or his heirs, successors, and assigns who has submitted application for development.

AREA, BUILDING : the area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent hafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

BASEMENT : Any area of the building having its floor subgrade (below ground level) on all sides. [Amended 11/11/96]

BUILDING : Any structure used or intended for supporting or sheltering any use or occupancy. [Amended 11/8/93]

BUILDING LINE : The line established by law, beyond which a building shall not extend, except as specifically provided by law. (see setback fine).

BUILDING PERMIT : A permit, approved by the Zoning Officer, that authorizes the construction of specified site improvements, grading, change in use of land, new construction of structures or alteration of existing structures. [Amended 6/24/96]

CERTIFICATE OF OCCUPANCY : The Certificate issued by the code official which permits the use of a building in accordance with the approved plans and specifications and winch certifies compliance with the provision of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. [Amended 11/8/93]

CHANGE OF USE : An alteration by change of use in a building heretofore existing to a new use group which imposes other special provisions of law governing building construction, equipment or means of egress.

COMPREHENSIVE PLAN : The London Britain Township Comprehensive Plan of 1990, as amended, including but not limited to the Comprehensive Plan amendment 99-7, enacted February 28, 2000.

CONSERVATION DISTRICT : Wetlands, flood plains, low intensity slopes and conservation slope areas. [Amended 6/10/91]

CONDITIONAL USE : A use which is not appropriate to a particular zoning district as a whole, but which may be suitable in certain locations within the district when specific conditions and factors described for such cases within this Ordinance are present. Conditional Uses are allowed or denied by the Board of Supervisors after recommendations by the Planning Commission.

CONSERVANCY LOT : A large, privately-owned lot comprising part of an area of open land. The purpose of the Conservancy Lot is to provide surrounding residents with visual access to Greenspace Land, while keeping the land under private ownership and maintenance. Only a small portion of the Conservancy Lot may be developed; the remainder must be deed restricted by easement to the London Britain Township Land Trust and used in conformance with standard for Greenspace Land. Public access to Conservancy Lots is not required. [Amended 5/22/00]

CREEK : see Stream

DENSITY, GROSS : The total number of dwelling units per acre. This figure is calculated by dividing the total number of dwelling units proposed by the total number of acres within a tract of land.

DENSITY, NET : The total number of dwelling units per developed acre. This figure is calculated by dividing the total number of a given type of dwelling unit by the number of acres so developed, including yard areas, but excluding open space areas, streets, and easements.

DEVELOPMENT : Any manmade 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, filling, grading, excavation, mining, dredging or drilling operations, or the storage of materials or equipment. [Amended 11/11/96]

DRIVEWAY : A private cartway, either individual or common, that is necessary for each residential or agricultural building lot to provide safe vehicular and pedestrian access from said lot to State, Township or private roads. [Amended 6/10/9 1]

a. Driveway, individual: A driveway designed to serve one individual dwelling, one principal building, or one group of agricultural buildings under single ownership. [Amended 6/10/91]

b. Driveway, common: A driveway designed to serve a maximum of three (3) individual dwellings, three principal buildings, or three groups of agricultural buildings. [Amended 6/10/91]

DWELLING UNIT : A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation and having egress to the outdoors either directly or through a common way. [Amended 11/8/931

DWELLING, MULTIPLE-FAMILY : A building containing more than two dwelling units under the following configurations: [Amended 11/8/931i a) Townhouse: A building or portion thereof containing more than two dwelling units separated by fire walls and utilizing common access ways, including such a building owned and operated as a condominium under the Property Act of July 3, 1963.

b. Boarding House: A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single dwelling unit.

c. Dormitory : A space in a building where group sleeping accommodations are provided in one room or in a series of closely associated rooms, for persons not members of the same family group.

e. Hotel: Any building containing six or more guest rooms, intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

DWELLING ONE-FAMILY : A building containing one dwelling unit with not more than five lodgers or boarders and no common party wall. [Amended 11/8/93]

DWELLING TWO-FAMILY : A building containing two dwelling units with not more than five lodgers or boarders per family and a common party wall. [Amended 11/8/93]

ELECTRICAL SUBSTATION : An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public, provided that in residential districts an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities, or housing of repair crews.

FENCE, PERMANENT : a hedge, wall or non-habitable structure used to delineate a boundary, a property line and/or an enclosure. [Amended 11/8/93]

FENCE, TEMPORARY : a structure for seasonal purposes (snow fences, etc.), construction purposes (silt fences, etc.) or safety purposes. . [Amended 11/8/93]

GARAGE, PUBLIC : A building or structure for the storage or parking of more than four passenger motor vehicles or motor powered boats, or more than one commercial motor vehicle. [Amended 11/8/93]

GARAGE, REPAIR : A building wherein major repairs, such as engine overhauls, painting or body work, are performed on motorized vehicles. [Amended 11/8/931

GREENSPACE LAND : That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenspace Land may be accessible to the residents of the development and/or the Township, or it may contain areas of Conservancy Lots which are not accessible to the public. Greenspace Land shall be restricted to Conservancy Lot(s), under no build easement or fee simple deed to London Britain Township Land Trust. [Amended 5/22/00]

GRADING : The change of the natural contour by more than two percent (2%) and involving more than 10,000 square feet. [Amended 6/10/91]

HISTORIC STRUCTURE : Any structure that is: a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a register historic district: c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior, or, d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs [Amended 11/11/96]

LAKE OR POND : An inland body of water, either natural or manmade, relatively at rest. [Amended 6/10/91]

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 as a unit. [Amended 11/13/89]

LOT AREA . The total horizontal area with the lot lines of a lot. [Amended 6/10/91]

LOT AREA, NET : The area of a lot exclusive of conservation districts, public and private right-of- ways, and any easements for future public or private streets. [Amended 6/10/91]

LOT, CORNER : Any lot which occupies the interior angle at the intersection of two street lines which make an angle of less than one hundred thirty-five degrees with each other, the owner of a comer lot having the privilege of specifying which street lot line shall be deemed the front line, and being required, when requesting a certificate of occupancy, so to specify. [Amended 5/8/87]

LOT, CONSERVANCY : see Conservancy Lot

LOT WIDTH : The curvilinear distance measured along a line at a stated offset from the lot street line. in applying this definition to a comer lot the side street right-of-way line, as determined in accordance with the definition of a comer lot shall be considered to be a side lot line. [Amended 5/8/87]

LOWEST FLOOR : The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. [Amended 11/11/96]

MOBILE HOME : A transportable, single family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, 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 with or without a permanent foundation. The term does include recreational vehicle, travel trailers, park trailers, and other similar vehicles which are placed on a site for more than 180 consecutive days. [Amended 11/11/96]

MOBILE HOME PARK : A parcel of land under single ownership which has been planned and improved for the placement of two or more mobile homes for nontransient use. [Amended 6/11/84]

MOBILE UNIT : A structure of vehicular, portable design, built on a chassis and designed to be moved from

MUSHROOM HOUSE : A building constructed or used for the purpose of growing mushrooms. New Construction: Structure for which the 'Start of Construction" commenced on or after June 11, 1984 and includes subsequent improvements to such structures. [Amended 11/11/96]

NEW STRUCTURE : Structure for which the "Start of Construction" commenced on or after June 11, 1984 and includes subsequent improvements to such structures. [Amended 11/11/96]

NONCONFORMING LOT, LAWFUL : A lot, the area or dimensions of which does not comply with the applicable provisions of this Zoning Ordinance or amendment heretofore or hereafter enacted, where such lot lawfully existed prior to the adoption or amendment of such Ordinance or amendment. [Amended 6/10/91]

NONCONFORMING STRUCTURE, LAWFUL : A structure of part of a structure which does not comply with the applicable provisions of this Zoning Ordinance or amendment heretofore or hereafter enacted, where such structures lawfully existed prior to the enactment of such ordinance or amendment. Such nonconforming structures include nonconforming signs. [Amended 6/10/91]

NONCONFORMING USE, LAWFUL : A use, whether of land or of a Structure, which does not comply with the applicable provisions of this Zoning Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the adoption or amendment of such ordinance or amendment. [Amended 6/10/91]

NORMAL CROP OR LIVESTOCK FARMING : The growing of plants and feedstuffs for human or animal consumption and ornamental use and the raising or feeding of fowl, fish, or animals. This does not include the growing of mushrooms.

OPEN SPACE, COMMON : A parcel or parcels of land, an area of water, or a combination of land and water within a PRD designed and intended for the use of all residents of a development or general public, not including streets, off-street parking, private yards, or public facilities.

OPEN SPACE, USABLE : A parcel or parcels of land, water, or combination of land and water capable of supporting active and passive outdoor recreation activities,

PLANNED RESIDENTIAL DEVELOPMENT : An area of land to be developed as a single entity for a number of dwelling types. Development plans do not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space provisions of any one residential district within the London Britain Zoning Ordinance.

PRIVATE GARAGE : A building for four or less passenger motor vehicles without provision for repairing or servicing such vehicles for profit. [Amended 11/8/93]

PUBLIC USE : Any use required to provide service to the community or decreed by a government body for the health, safety, and welfare of its citizens. [Amended 1/5/98]

REFOREST : To establish a tree and shrub cover to land that is currently covered in something other than trees or shrubs by planting native trees and shrubs and groundcover in sufficient quantity to achieve mature forest density. [Amended 5/22/00]

Recreational Vehicle: A vehicle which is

a) built on a single chassis;

b) 400 square feet or less when measured at the largest horizontal projection;

c) designed to be self-propelled or permanently towable by a light-duty truck;

d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [Amended 11/11/96]

ROAD OR STREET : A public or private highway, road, street or lane intended for use by vehicular or pedestrian traffic to provide access to two (2) or more lots. Roads are further classified according to their functions.

ROAD, MINOR ARTERIAL : Serves high volumes of traffic (5,000 - 15,000 Average Daily Traffic Volume [ADT] for intra metropolitan travel. Links boroughs and villages and provides high degree of mobility. [Amended 11/9/89]

ROAD, MAJOR COLLECTOR : Serves moderate levels of traffic (3,000 - 8,000 ADT) including some local oriented travel. Collects traffic from local streets for distribution to arterial roads or streets. [Amended 11/9/891

ROAD, MINOR COLLECTOR : Serves lower levels of traffic (1,000 - 3,000 ADT), collecting traffic from local roads for distribution to the arterial road network. [Amended 11/9/89]

ROAD, LOCAL : Serves low levels of traffic (less than 1,000 ADT) for short-distance travel. Provides access to collectors and larger parcels. [Amended 11/9/89]

ROAD, SUBDIVISION : Serves very low levels of traffic for access to parcels within a subdivision. Preferred for safety reasons to have an access at each end, but not intended primarily for through traffic. [Amended 11/9/89]

ROAD, PRIVATE : A road not accepted for public dedication. [Amended 11/9/89]

ROAD, SINGLE ACCESSORY :Any subdivision road net work which has one access to a through road at the time of subdivision approval. [Amended 6/10/91]

ROAD LINE : The right of way line of a public road.

SANITARY SEWAGE SYSTEM, COMMUNITY : A sanitary sewage collection system in which sewage is carried from individual units by a system of pipes to a central treatment facility, generally serving a single residential development. Disposal involves the use of land application of treated effluent by means of spray irrigation and/or use of subsurface sewage systems.

SETBACK LINE AND YARD LINE SHAPE : The setback line and yard line shape shall be parallel and concentric to the respective lot lines. [Amended 5/8/87]

SETBACK LINE OR BUILDING SETBACK LINE : A line extending between the two side lot lines of a lot or a parcel of ground which is parallel and concentric to, and at a stated offset from, the lot street line. [Amended 5/8/87]

SIDE YARD . The surface space, uncovered by any building between the side line of a lot and the foremost point of any building upon the lot.

SIGN : Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, which constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, and displayed in any manner out of doors for recognized advertising purposes (see Article 29 of the BOCA Code). [Amended 11/8/93]

a) Closed sign: A sign in which more that 50 percent of the entire area is solid or tightly enclosed or covered.

b) Ground sign: A sign supported by uprights or braces in or upon the ground surface.

c) Marquee sign: A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line.

d) Open sign : A sign which at least 50 percent of the enclosed area is uncovered or open to the transmission of wind.

e) Portable sign A sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character.

f) Projecting sign: A display sign which is attached directly to the building wall, and which extends more than 15 inches (381 mm) from the face of the wall.

g) Roofsign: A sign which is erected, constructed and maintained above the roof of the building.

h) Temporary sign: A sign constructed of cloth, fabric or other lightweight temporary material with or without a structural frame intended for a limited period of display; including decoration displays for holidays or public demonstrations.

i) Wall sign: A sign which is painted on or attached directly to a fence or on the surface of masonry, concrete, frame or other approved building walls, and which extends not more that 15 inches (381 mm) from die face of the fence or wall.

SITE INVESTIGATION : An investigation of a potential building site which includes but is not limited to percolation testing, exploratory well drilling, and temporary road construction.

STREAM : A distinct body of water flowing in a defined channel. [Amended 6/10/91]

STREET : see Road

STRUCTURE : That which is built or constructed. [Amended 11/8/931

SUBDIVISION : The division or redivision of a lot, tract, or parcel of land by any means into two (2) 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 (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. [Amended 11/13/89]

a. Minor: Any subdivision in which: [Amended 5/22/001

1. No public or private street is constructed or is required to be widened;

2. No other completion of public improvement or guarantee thereof is required other than individual on-lot stormwater management systems;

3. No earthmoving activities will take place except those incidental to construction of a single-family dwelling on each lot; and

4. No more than three (3) lots are created.

b. Major: any land development or subdivision application not in compliance with the definition of Minor Subdivision or any part thereof, or for any use other than single-family residential, shall be considered a major Subdivision Plan. [Amended 5/22/00]

SUBSTANTIAL DAMAGE : Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Amended 11/11/96]

SUBSTANTIAL IMPROVEMENT : Any repair reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred "substantial damage", as define herein, regardless of the actual repair work performed. The term does not, however, include either: [Amended 11/11/961 a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or b) Any alteration of an "historic structure", provided that the alteration will not preclude the structure's continued designation as an "historic structure." [Amended 11/11/96]

SWIMMING POOL : A temporary or permanent structure, not located within a building and containing or normally capable of containing water to a depth at any point greater than two (2) feet. Farm ponds and/or lakes are not included, provided that swimming is not the primary purpose of their construction. [Amended 6/10/91]

USE : The purpose for which the building, structure or land is designed, used or intended to be used.

TELEPHONE CENTRAL OFFICE : A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio telephone messages between subscribers, and other business of the Telephone Company; providing that in a residential district a telephone central office shall not include public business facilities, storage of materials, trucks or repair facilities or housing of repair crews.

TOP SOIL : The layer of loose surface material containing sufficient plant food for supporting of farm crops.

TRAILER : A vehicle occupied or designed for temporary living or sleeping purposes. Removal of wheels from such a vehicle does not constitute change for purposes of this definition.

WALL

a) Apron wall : That portion of a skeleton wall below the sill of a window.

b) Bearing wal : A wall supporting any vertical load in addition to its own weight.

c) Cavity wall : A wall built of masonry units or of plain concrete, or a combination of these materials, arranged to provide an air space within the wall, and in which the inner and outer parts of the wall are tied together with metal ties.

d) Composite wall: A wall built of a combination of two or more masonry units of different material bonded together, one forming the backup and other the facing elements.

e) Curtain wall: A nonbearing enclosure wall not supported at each story.

f) Dry-stacked, surface-bonded walls: A wall built of concrete masonry units where the units arc stacked dry, without mortar on the bed or heard joints, and where both sides of the wall are coated with a surface-bonding mortar (see Section 1407.0 of the BOCA Code).

g) Faced wall: A wall in which the masonry facing and backing are so bonded as to exert common action under load.

h) Fire separation wall: A fire-resistant rated assembly of material having protected openings which is designed to restrict the spread of fire (see Section 909.0 of the BOCA Code).

i) Fire wall: A fire-resistant rated wall, having protected openings, which restricts the spread of fire and extends continuously from the foundation to or through the roof (see Section 907.0 of the BOCA Code).

j) Foundation wall: A wall below the floor nearest grade which serves as a support for a wall, pier, column or other structural part of a budding (see Section 1222.0 of the BOCA Code).

k) Hollow wall: A wall built of masonry units so arranged as to provide an air space within the wall, and in which the facing and backing of the wall are bonded together with masonry units.

l) Nonbearing wall: A wall which does not support vertical loads other than its own weight.

m) Parapet wall : That part of any wall entirely above the roof line.

n) Party wall : A fire wall on an interior lot line used or adapted for joint service between two buildings (see Section 907.0 of the BOCA Code).

o) Retaining wall: A wall designed to resist the lateral displacement of soil or other material.

p) Skeleton or panel wall: A nonbearing wall supported by each story on a skeleton frame.

q) Spandrel wall : That portion of a skeleton wall above the hard of a window or door.

r) Veneered wall: A wall having a facing of masonry or other weather-resistant noncombustible material that is securely attached to the backing, but not so bonded as to exert common action under load.

WATER SUPPLY SYSTEM, COMMUNITY : A system for supplying water from a common source(s) to two (2) or more dwelling units, generally serving a single residential development.

YARDS : An unoccupied space open to the sky, on the same lot with a building or structure. [Amended 5/8/871

YARD, FRONT : A yard extending the full width of the lot between the front street line and the parts of the principal building erected thereon setting back from the nearest such street line. The front yard of a corner lot shall extend along both street lines. [Amended 5/8/871

YARD, REAR : A yard across the full width of the lot extending from the rear line of the building to the rear line of the lot. In the case of a comer lot the rear yard shall not extend beyond the rear of the front yard along the side street. [Amended 5/8/871

YARD, SIDE : A yard between the building and the adjacent side line of the lot and extending from the front yard to the rear yard. [Amended 5/8/871

WETLANDS : Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support - and that under normal conditions do support - a prevalence of vegetation typically adapted for life in saturated soil conditions. Another indication is the presence of hydric soils. Wetlands generally include swamps, marshes, bogs, and other similar areas. [Amended 7/5/89