All words used in this chapter shall carry their
customary dictionary definitions as provided in the most recent edition
of Webster's Collegiate Dictionary, except where specifically defined
herein. Words used in the present tense shall include the future.
The singular number shall include the plural, and the plural the singular.
The word "shall" is always mandatory and not permissive; the word
"may" is permissive. The words "used" or "occupied," as applied to
any land or structures, shall be construed to include the words "intended,
arranged or designed to be used or occupied." The word "person" shall
include any individual, corporation, partnership, incorporated association
or any other legal entity. Words in the masculine gender shall include
the feminine gender. The words "includes" and "including" shall not
limit the defined term to the specific examples but are intended to
extend the term's meaning to other instances of like kinds and character.
The following words and phrases shall have the
particular meaning specified for the purpose of interpreting this
chapter:
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and which may occupy a separate structure
and/or area on or in the ground, including, but not limited to, storage
sheds, garages, swimming pools, decks, fences, patios and similar
structures.
Any place where the public is permitted or invited wherein
coin-operated or electronically, electrically or mechanically controlled
still- or motion-picture machines, projectors or other image-producing
devices are maintained to show images to five or fewer persons per
machine at any one time, and where the images displayed are sexually
explicit or depict nudity or sexual conduct, as defined herein.
An establishment having a substantial or significant portion
of its stock-in-trade, including, but not limited to, videocassettes,
movies, books, magazines and other periodicals which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to nudity or sexual conduct, as defined herein, or an
establishment with a segment or section devoted to the sale or display
of such material.
An adult arcade, adult bookstore, adult motel, adult mini
motion-picture theater, adult motion-picture theater, adult newsrack,
adult nightclub, body painting studio, bathhouse, escort service,
massage parlor, or any other business establishment offering adult
entertainment, as defined herein.
Movies, videos, still or motion pictures, photographs, slides,
films or other visual representations, books, magazines or other printed
material or live dramatic, musical or dance performances which are
sexually explicit or depict nudity or sexual conduct, as defined herein.
An enclosed building with a capacity for accommodating fewer
than 50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
A hotel or motel presenting adult motion pictures by means
of closed circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
An enclosed building with a capacity for accommodating 50
or more persons used for presenting materials distinguished or characterized
by an emphasis on matter depicting, describing or relating to nudity
or sexual conduct, as defined herein, for observation by patrons therein.
Any coin-operated machine or device which dispenses printed
material substantially devoted to the depiction of nudity or sexual
conduct, as defined herein.
Any nightclub, as defined herein, which offers adult entertainment,
as defined herein.
Any business related to the production operations on a farm,
including, but not limited to, the sale and distribution of farm equipment,
supplies and commodities, craftsman, as defined herein, blacksmithing,
sawmill, tractor or other farm equipment and similar services when
accessory to an active farm which is the principal use of the property,
but not including agrotourism hotel (small or large), on-site sales
accessory to a farm or tourism, as defined herein.
The science and art of farming, the work of cultivating the
soil, producing crops and livestock.
An establishment on a working farm, as defined herein, that
offers food, entertainment and sleeping accommodations for 17 or more
adults and any number of children.
An establishment on a working farm, as defined herein, that
offers food, entertainment and sleeping accommodations for no more
than 16 adults and no more than 16 children under the age of 18 at
any one time.
An establishment for the medical or surgical treatment of
animals, including the boarding of hospitalized animals. An animal
hospital shall not board or treat exotic animals and shall be subject
to all state and federal regulations.
Any building or other structure which is used to enclose
and provide protection for livestock or domestic pets.
A dwelling unit located in the same building with an office
and/or retail business.
See "street, arterial."
See "service station, automobile."
A business which sells alcoholic beverages for consumption
on the premises as the principal use and which may offer food for
consumption on the premises as an accessory use.
A dwelling which is the principal residence of the operator
where no more than four sleeping rooms are offered to transient overnight
guests for compensation and where the only meal served and included
with the overnight accommodations is breakfast.
Any off-premises sign with a changeable advertising face
which advertises an establishment, person, activity, product or service
which is unrelated to or not available on the premises on which the
sign is located.
The keeping of horses and ponies owned by persons other than
the owner of the stable, or the rental of horses owned by the owner
of the stable for a fee or other form of compensation, which may include
training of horses, riding lessons and riding facilities.
The Board of Supervisors of the Township of Independence,
Washington County, Pennsylvania.
Facilities accessory to underground mining operations for
exploratory drilling and providing air supply.
A landscaped area of a certain depth specified by this chapter
which shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material and shall consist
of a mix of types and sizes of plant material which, within three
years of planting, meets the standard of providing a compact year-round
visual screen at least six feet in height or an existing natural barrier,
such as vegetation and/or topography which duplicates the effect of
the required buffer area.
Shall consist of a completely enclosed, occupied structure
set on a concrete foundation with walls and a roof within which individuals
live or customarily work and contains electricity, plumbing and septic
or appropriate waste facilities. For purposes of this definition,
a building shall include the following categories and be subject to
the applicable conditions:
[Amended 11-14-2012 by Ord. No. 12-01]
Residential building: must meet the requirements of § 410-8 of the Township Zoning Ordinance.
Commercial building: A building customarily used for work and
commercial or industrial activities.
Temporary mixed-use mobile trailers (not on concrete foundations):
A building unit that is essential to oil and gas drilling operations
and occupied by a company's supervisory personnel and containing
computers and other monitoring equipment used in the drilling of wells
shall be considered part of oil and gas operations as hereinafter
defined.
Temporary mobile homes: Used to house workers at an oil or gas
well construction site, shall require conditional use approval, including
but not limited to the following specifications:
The use otherwise complies with applicable requirements of the
Township Zoning Ordinance;
The applicable trailer permit fee is paid;
The continuous use of any such temporary mobile home does not
exceed six months; and
The following additional requirements are followed:
Every employer of individuals who will reside in the aforementioned
temporary mobile homes must comply with the reporting requirements
of the Township's Earned Income and Net Profits Tax Ordinance
and the Local Tax Enabling Act.[1]
Certification that an appropriate background check has been
conducted on each occupant by the employer.
Each occupant shall conduct himself or herself in a manner which
will promote the safe and orderly operation of the site and which
shall minimize impact of the site on the surrounding properties and
community generally.
Temporary mobile homes are to be kept in a neat and sanitary
condition and in compliance with all applicable health, safety and
hygiene requirements in the Township (including the Township nuisance
and noise ordinances).
At no time shall any occupant enter onto any neighboring properties
without the permission of the owner or occupant or otherwise commit
any trespass on private property.
At any site on which more than six individuals are residing
in temporary mobile homes, there shall be at least one security guard
stationed on the site 24 hours a day, seven days a week. Said guard
shall be responsible for receiving complaints concerning occupant
behavior from authorized Township representatives.
The total of areas taken on a horizontal plane at the finished
grade level of the principal building and all accessory buildings,
excluding one-story uncovered porches, bay windows, balconies, terraces
and steps.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof, to the decklines of mansard roofs, and to the mean
height between eaves and ridge for gable, hip and gambrel roofs.
A line parallel to or concentric with the front lot line,
the minimum measurement of which is the front yard depth required
by this chapter.
The minimum distance between two buildings on the same lot,
measured from the outermost wall or projection, excluding bay windows,
chimneys, flues, columns, ornamental features, cornices and gutters
which project beyond the wall of the building no more than two feet.
Any office of recognized professions such as doctors, lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature and other offices used primarily for accounting, corresponding,
research, editing or other administrative functions, but not including
banks or other financial institutions.
That portion of the street right-of-way that is surfaced
for vehicular use, excluding shoulders and curbs.
A facility, whether automatic, semiautomatic or manual, for
washing and polishing of vehicles.
That portion of a building having 1/2 or more of its height
below the average grade of the adjoining ground.
Property used for interring of dead persons or domestic pets,
including mausoleums, columbariums, crematoriums and family plots
on private property.
A document issued by the Code Enforcement Officer indicating
that a premises for which a zoning certificate has been issued is
ready for occupancy and is in compliance with the provisions of this
chapter.
[Amended 5-16-2012; 5-21-2014]
Any structure or structures used for worship or religious
instruction, including social and administrative rooms and day nurseries
accessory thereto, but not including any activity conducted for profit,
including chapels, cathedrals, temples, synagogues and the like.
Any establishment, including mobile diagnostic units, where
human patients receive medical, dental, chiropractic, psychological
and surgical diagnosis, treatment and counseling under the care of
a group of licensed medical doctors and dentists and their supporting
staff, where said patients are not provided with board or room or
kept overnight on the premises.
See "private club."
That person appointed by the Independence Township Board
of Supervisors and charged with the responsibility of administering
and enforcing this chapter.
[Amended 5-16-2012; 5-21-2014]
See "street, collector."
See "recreation, commercial."
The Pennsylvania Public Utility Commission.
[Added 11-14-2012 by Ord.
No. 12-01]
Any structure designed for transmitting or receiving wireless
communications of video, voice, data and similar transmissions, including,
but not limited to, omnidirectional or whip antennas, directional
or panel antennas, and satellite or microwave dish antennas, which
may be mounted on an existing building, an existing public utility
storage or transmission structure or an existing communications tower,
excluding transmission and receiving devices licensed by the Federal
Communications Commission (FCC) exclusively for private use by citizens.
An unmanned structure which contains the equipment necessary
to maintain and operate communications antennas.
Any structure, whether freestanding or attached to a building,
designed to support multiple communications antennas, including monopole,
self-supporting and guyed towers and one or more of the following
mounts for antennas: rotatable platform, fixed platform, multipoint
or side-arm mounts and pipe mounts for microwave dish antennas.
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors that are designed so that they
may be closed and any other small openings required for the ventilation
system.
A facility designed and constructed to compress natural gas
that originates from a gas well or a collection of such wells operating
as a midstream facility for delivery of gas to a transmission pipeline,
distribution pipeline, natural gas processing plant or underground
storage field, including one or more natural gas compressors, associated
buildings, dehydration units, pipes, valves, tanks and other equipment.
[Added 11-14-2012 by Ord.
No. 12-01]
An agricultural operation where farm animals are kept at
a much higher ratio of animals per acre than animals that are pastured
and where animals are fed a regimented diet until ready for slaughter.
A use authorized by this chapter which may be granted only
by the Board of Supervisors following review by the Planning Commission
and a public hearing, subject to express standards and criteria contained
in this chapter.
A structure designed, used or constructed to provide temporary
offices for construction supervision on the site of an approved subdivision
or land development during the time that a valid building permit or
grading permit is in effect.
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and that may include the storage of
materials, equipment and vehicles, provided all materials, equipment
and vehicles are stored within a completely enclosed building.
An establishment which may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, land development and related services on a contractual
basis, but which involves the storage, either indoors or outdoors,
of materials, equipment and vehicles used in the business.
A retail store selling food products and household supplies
for the convenience of the neighboring population.
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
See "lot coverage."
An artisan who practices a trade or handicraft that may involve
the fabricating of finished products from raw materials on a small
scale, not involving any automated production or a total floor area
devoted to production of more than 5,000 square feet and not employing
more than five persons.
An establishment containing a furnace designed to cremate
or reduce to ashes, human or animal remains of the deceased.
A facility, licensed by the commonwealth, located within
a building which is not used as a dwelling unit, for the care, on
a regular basis, during part of a twenty-four-hour day of children
under the age of 16 or handicapped or elderly persons.
See "family day-care home."
See "dwelling unit density."
See "zoning district."
Animals or birds customarily found in a dwelling and kept
for company or pleasure, including dogs and cats, provided there is
not a sufficient number to constitute a kennel, as defined herein;
hamsters, gerbils, parakeets, canaries, and similar small animals
or birds; but not including any exotic animals such as lions, tigers,
bears, ocelots or other feral cats, large or poisonous snakes, alligators,
monkeys or other animals normally found in a zoo, nor any horses,
pigs, chickens or other fowl or livestock customarily found on a farm.
Any principal use or accessory use which involves a window,
service lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services, including, but not limited
to, "drive-in" or "drive-through" windows at fast food restaurants,
banks or other businesses, exterior automated teller machines (ATMs),
quick oil change facilities, car washes and similar automotive services
and other such facilities.
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
A building designed exclusively as living quarters for one
or more families, including single-family, two-family and multifamily
dwellings, but not including hotels, motels or boardinghouses.
The following dwelling types are included in this chapter:
SINGLE-FAMILY DWELLINGA detached residential building which is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.
TWO-FAMILY DWELLINGA residential building which is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each of which are separated by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having a separate entrance directly to the outside.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units, including garden apartments, townhouses and mid-rise apartments.
GARDEN APARTMENTA multifamily residential building, no more than three stories in height, containing three or more dwelling units that share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
MID-RISE APARTMENTA multifamily residential building at least four stories, but no more than six stories, in height.
GROUP CARE FACILITYA facility licensed by the commonwealth which provides room and board and specialized services for any number of permanent residents who are not included in the protected classes covered by the Fair Housing Act (42 U.S.C. § 3601 et seq.), who are in need of supervision and specialized services on a twenty-four-hour basis, including staff qualified by the sponsoring agency who may or may not reside at the facility and who provide health, social and rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency.
PERSONAL CARE BOARDING HOMEA dwelling licensed by the commonwealth where room and board is provided to more than three permanent residents who are not relatives of the operator, and who are mobile or semi-mobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing care or intermediate nursing care.
TOWNHOUSEA multifamily residential building no more than 2 1/2 stories in height, which contains at least three, but no more than eight, dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof; each unit having independent access directly to the outside and having no other units above or below.
TRANSITIONAL DWELLINGA dwelling unit occupied on a permanent basis by persons of any age or condition who have been adjudicated by the criminal court system or on a short-term basis by persons assigned by a court of law or public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
Two or more rooms designed for or occupied by one family
only and containing sleeping facilities, cooking and food storage
facilities, and, in a separate room, toilet and tub or shower, with
hot and cold water supply, all for the exclusive use of the family
occupying the dwelling unit.
The number of dwelling units per acre of land area.
A grant of the specified use of a parcel of land to the public,
a corporation or person in which no permanent structures shall be
permitted without the permission of all parties having rights to the
easement.
All statutes enacted by the commonwealth relating to the
protection of the environment or the protection of public health,
safety and welfare, that are administered and enforced by the department
or by another commonwealth agency, including an independent agency,
and all federal statutes relating to the protection of the environment,
to the extent those statutes regulate oil and gas operations.
[Added 11-14-2012 by Ord.
No. 12-01]
The removal of surface materials by the action of natural
elements.
The provision by continuous conduit of distribution and collection
systems by public utilities regulated by the Public Utilities Commission
(PUC) or any agency, franchisee or authority of Independence Township
of underground or overhead gas, electrical, telephone, steam or water
lines, sewers, fire alarm boxes, traffic signals, hydrants, cable
TV (not including towers) and accessories in connection therewith
reasonably necessary to furnish adequate services within Independence
Township to the general public.
An individual, or two or more persons related by blood, marriage,
adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit or a group
of not more than eight persons protected by the provisions of the
Fair Housing Act (42 U.S.C. § 3601 et seq., as now or hereafter
amended) living together in a group living arrangement with supervision,
provided those persons do not have a criminal record. "Family" shall
not include persons living together in a group care facility, personal
care boarding home or transitional dwelling, as defined herein, or
any other supervised group-living arrangement for persons other than
those protected by the Fair Housing Act or persons who constitute
a direct threat to others or their physical property.
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling,
for the care on a regular basis during part of a twenty-four-hour
day of not more than six children under 16 years of age, including
care provided to children who are relatives of the provider, where
such use shall be secondary to the use of the dwelling for living
purposes.
Any property used for interring dead persons or domestic
pets, the use of which is restricted to the members of a family, and
which property is owned and operated by the members of that family.
A site of 10 acres or more used for the pursuit of agriculture,
as defined herein.
See "concentrated feedlot."
A structure designed for the purpose of enclosing space or
separating parcels of land. The term "fence or wall" shall not include
retaining walls which are designed and approved in accordance with
the Township Grading Ordinance.
A bank, savings and loan association or similar institution
that lends money or is engaged in a finance-related business.
Areas adjoining any rivers, streams, ponds or lakes subject
to the one-hundred-year-recurrence-interval flood as delineated by
the U.S. Army Corps of Engineers or subject to erosion caused by a
one-hundred-year-recurrence-interval flood, as well as any areas identified
in the future by anyone else expert and experienced in the preparation
of hydrological studies and the determination of flood lines, subject
to the review and approval of a professional engineer selected by
the Township.
A retail establishment which has a gross floor area of no
more than 10,000 square feet and which offers for sale specialty or
gourmet food items or meats and groceries which are packaged and which
may or may not be available for consumption on the premises.
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.
See "building line, front."
See "lot line, front."
See "yard, front."
An accessory structure or a portion of the principal building,
enclosed on not less than three sides, not being accessible to the
general public and designed or used for shelter or storage of private
vehicles and personal property of the occupants of the principal building.
A building, other than a private garage, containing two or
more parking spaces accessible to the general public, used for the
storage or parking of motor vehicles or where such vehicles are kept
for remuneration, hire or sale, but not including the repair of vehicles
or the storage of dismantled or wrecked motor vehicles.
See "repair garage."
See Subsection D under "dwelling types."
A retail establishment that sells flowers, plants, trees
and other natural flora and products which aid their growth and care
and which may include a greenhouse or the growing of plant material
outside on the lot.
A recreational facility which has a course, with a minimum
of nine regulation-size holes, for playing golf as its principal use
and which may have a clubhouse, locker rooms, restaurant, swimming
pool, pro shop, facilities for racquet sports, maintenance facilities
and similar facilities as accessory uses.
The indoor raising of plants, shrubs and trees for sale and
transplantation.
A retail establishment in excess of 10,000 square feet of
gross floor area which primarily sells meat and food products, but
which may also include as accessory uses a pharmacy, a dry cleaner,
a florist, a travel agency, video rental (excluding an adult video
store), banking and copy/fax services.
The sum of the gross horizontal areas of the several floors
of a building measured between exterior faces of walls.
See Subsection F under "dwelling types."
See "building height."
The vertical distance measured from the average elevation
of the finished grade around the structure to the highest point on
the structure.
See "no-impact home-based business."
An accessory use of a service character, other than a no-impact
home-based business, conducted entirely within a dwelling by the residents
thereof, which use is clearly secondary to the use of the dwelling
for living purposes and does not, in any way, change the character
of the dwelling.
An establishment licensed by the commonwealth for the care
of human patients suffering from physical or mental illnesses, and
which may or may not include facilities for major surgery, and which
may be publicly or privately operated.
See "animal hospital."
See "motel/hotel."
Surfaces with a coefficient of runoff greater than 0.85,
including all buildings, parking areas, driveways, streets, sidewalks
and areas paved in concrete and asphalt and any other areas determined
by the Township Engineer to be impervious within the meaning of this
definition.
An earthen depression, excavation, pit or facility situated
in or upon the ground, used to store water or other fluids related
to oil and gas operations.
[Added 11-14-2012 by Ord.
No. 12-01]
See "wind-energy system, individual."
A theater, arena, bowling alley, pool hall, skating rink
or similar cultural or recreational facility located within a completely
enclosed building, excluding those facilities which are accessory
to a church or school.
Any premises devoted wholly or in part to the storage, buying
or selling, salvaging, recycling or otherwise handling or dealing
in scrap metals, building materials, scrapped or used appliances or
other household goods, fixtures, vehicles and vehicle parts, machinery
and machinery parts or other forms of discarded materials.
A structure and/or premises where four or more dogs or cats
which are six months or older are kept, bred, trained or boarded at
any one time, whether for profit or not.
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams or result from
excavation. The shoreline of such bodies of water shall be measured
from the maximum condition rather than permanent pool if there is
any difference. Lakes are bodies of water two or more acres in surface
area; ponds are bodies of water less than two acres in surface area.
The improvement of one lot or two or more contiguous lots,
tracts or parcels for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively;
A single nonresidential building on a lot or
lots regardless of the number of occupants or tenure;
Any change of use or structural alteration that
results in an increase in total lot coverage by structures and/or
paving; or
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.
A plan prepared in accordance with the application requirements
of the Township Subdivision and Land Development Ordinance[2] for approval of a land development, as defined herein.
Any site licensed by the Pennsylvania Department of Environmental
Protection (PA DEP) for the disposal of solid waste, other than hazardous
waste, as defined and regulated by federal statute.
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.
A plan prepared by a person knowledgeable in the characteristics
of plant materials and the proper techniques for installing and maintaining
them, including a registered architect or landscape architect or a
member of the American Nurserymen's Association, identifying each
tree and shrub by size, type and scientific name; the location of
each, including a planting diagram; and such other diagrams or reports
as are necessary to show the method of planting, staking and mulching,
grass seeding specifications and mixtures and existing trees to be
preserved, if any.
Land identified or mapped by the United State Geologic Survey
as being susceptible to movement or sliding.
Areas of moderate to high susceptibility to landsliding produced
by the influence of natural and/or man-made activity.
The processing and fabrication of certain materials and products
where no process involved will produce noise, vibration, water pollution,
fire hazard or noxious emissions which will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, the
production of the following goods: home appliances, electrical instruments,
office machines, precision instruments, electronic devices, timepieces,
jewelry, optical goods, musical instruments, novelties, wood products,
printed material, lithographic plates, type composition, machine tools,
dies and gauges, ceramics, apparel, lightweight nonferrous metal castings,
film processing, light sheet metal products, plastic goods, pharmaceutical
goods, food products, not including animal slaughtering, curing or
rendering of fats and similar activities.
Any member of the bovine or equine species, including, but
not limited to, cows, steers, horses, ponies, llamas, alpacas, sheep,
goats, pigs, chickens and other fowl customarily found on a farm.
A county, city, borough, incorporated town or township of
this commonwealth.
[Added 11-14-2012 by Ord.
No. 12-01]
An ordinance or other enactment, including a provision of
a home rule charter, adopted by a local government that regulates
oil and gas operations.
[Added 11-14-2012 by Ord.
No. 12-01]
See "street, local."
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
The total area within the lot lines, excluding the area within
any street right-of-way.
See "corner lot."
That percentage of the lot area covered by the principal
building or buildings and all accessory buildings and structures,
including, but not limited to, decks, swimming pools, storage sheds,
garages and similar structures.
The average distance from the street right-of-way line to
its opposite rear lot line, generally measured parallel to the side
lot lines.
That portion of the lot which adjoins the street right-of-way
or through which access is provided to a public street.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or other public space.
That lot line which is contiguous with the street center
line or the street right-of-way line. In the case of a lot which has
no frontage on a street, the front lot line shall be the lot line
through which vehicular access is provided, regardless of which way
the dwelling faces.
That lot line which is generally opposite the front lot line.
Any lot line which is not a front lot line or rear lot line.
Any lot which, individually, or as part of a subdivision,
has been recorded in the office of the Recorder of Deeds of Washington
County, Pennsylvania.
The straight line distance between the point of intersection
of the front building line with the side lot lines.
A workshop where a machinist fabricates, assembles or repairs
parts and/or equipment.
See "light manufacturing."
A voluntary negotiating process in which parties to a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
that the parties themselves create and consider acceptable.
See Subsection E under "dwelling types."
Any extraction of any mineral for sale or other commercial
purpose that involves removal of the surface of the earth or exposure
of the mineral or subsurface of the earth to wind, rain, sun or other
elements of nature. The term "mineral" includes, but is not limited
to, anthracite and bituminous coal, lignite, including mining activities
carried out beneath the surface of the earth by means of shafts, tunnels
or other underground mine openings, limestone and dolomite, sand,
gravel, rock, stone, earth, slag, ore, vermiculite, clay and other
mineral sources.
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
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, that arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembling
operations, and constructed so that it may be used without a permanent
foundation.
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.
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.
An establishment which offers transient overnight lodging
accommodations to the general public and which also may provide additional
supporting services such as restaurants, meeting rooms, recreation,
facilities and living quarters for a resident manager or proprietor.
The act of July 31, 1968 (P.L. 805, No. 247), known as the
Pennsylvania Municipalities Planning Code.[3]
[Added 11-14-2012 by Ord.
No. 12-01]
See Subsection C under "dwelling types."
Buildings, structures and land uses owned and occupied by
Independence Township or any of its agencies and used to provide services
to the residents of the Township. Municipal facilities may include,
but not be limited to, Township administrative offices, public works
buildings, storage yards, libraries, fire company buildings, senior
centers and recreation facilities and buildings.
A restaurant, or portion thereof, or any other establishment
serving food and/or drink, whether or not the consumption of alcoholic
beverages is permitted or allowed on the premises, that offers on
a monthly or more frequent basis live entertainment on a stage or
bandstand and/or dancing to music, either live or recorded, and that
has a maximum permitted occupancy authorized by the Township Building
Code of 50 or more persons.
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.
See "recreation, noncommercial."
Any lot, the area or dimension of which was lawful prior
to the adoption or amendment of this chapter, but that fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
Any sign that was lawfully erected and maintained prior to
the adoption or amendment of this chapter, that fails to conform to
all applicable regulations and restrictions of this chapter.
A structure or part of a structure that does not comply with
the applicable area and bulk provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or an amendment thereto, or
prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of a 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 this chapter or an amendment thereto or
prior to the application of this chapter or amendment to its location
by reason of annexation.
The appearance of a human bare buttock, anus, male or female
genitals or female breast.
An institution licensed by the commonwealth for the care
of human patients requiring skilled nursing or intermediate nursing
care, but not including facilities for major surgery or care and treatment
of drug or alcohol addiction.
See "business or professional offices."
A map adopted by ordinance according to the procedures outlined in Article IV of the Pennsylvania Municipalities Planning Code reserving lands for future taking for public purposes.
The term includes the following:
[Added 11-14-2012 by Ord.
No. 12-01]
Well location assessment, including seismic operations, well
site preparation, construction, drilling, hydraulic fracturing and
site restoration associated with an oil or gas well of any depth;
Water and other fluid storage or impoundment areas used exclusively
for oil and gas operations;
Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subsections A, B and C, to the extent that:
The equipment is necessarily located at or immediately adjacent
to a well site and is essential to operations relating to an impoundment
area, oil and gas pipeline, natural gas compressor station or natural
gas processing plant; and
The activities are authorized and permitted under authority
of a federal or commonwealth agency.
The sale of products raised, grown or produced on a farm,
provided the sales are conducted on the farm property where the products
are raised, grown or produced and any products sold that are not,
raised, grown or produced on the farm shall be less than 50% of the
total sales.
An area of land or water on a development site in which no
structures are permitted and that is set aside for the use and enjoyment
of the general public or the owners and tenants of property that adjoins
the open space.
See "landowner."
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter.
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
A use which, upon submission of written notice to and receipt
of a permit issued by the Township Zoning Officer or equivalent official,
is authorized to be conducted without restrictions other than those
set forth in the Township Zoning Ordinance.
[Added 11-14-2012 by Ord.
No. 12-01]
See Subsection G under "dwelling types."
Any enterprise providing services to a person, his apparel
or personal effects commonly carried on or about his person, including,
but not limited to, shoe repair, tailoring, clothes cleaning, water
repair, beauty shops, barbershops and the like.
The Planning Commission of Independence Township, Washington
County, Pennsylvania.
See "lakes and ponds."
An establishment that offers private educational services
to children who are under the minimum age for education in public
schools.
The building or structure in which the principal use is conducted.
The primary or predominant use to which the property is or
may be devoted, and to which all other uses on the premises are accessory.
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit and restricted
to members and their guests.
Any establishment, other than a sportsmen's club, operated
by a legally chartered organization for social, recreational, educational,
fraternal or sororal purposes, that is open only to members and their
guests and not to the general public.
See "garage, private."
See "sanitary sewer, private."
See "school, public or private."
The keeping of horses and/or ponies for the personal use
and enjoyment of the residents of the lot, not involving any profit-making
activity.
A street, including the entire private right-of-way, that
is privately owned and maintained and that is intended for private
rather than public use.
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets, but not including facilities or equipment that are/is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas, including dew point control facilities.
[Added 11-14-2012 by Ord.
No. 12-01]
See "business or professional offices."
Owned, operated or controlled by a government agency, federal,
state, county or local.
See "garage, public."
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]
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.
See "recreation, public."
See "sanitary sewer, public."
See "school, public or private."
See "street, public."
Any administrative building, maintenance building, garage
or other structure intended for human occupancy or storage of movable
equipment or any part of the essential services, as defined herein,
other than the general transmission distribution system provided by
public utilities, regulated by the Public Utilities Commission (PUC)
or any agency, franchisee or authority of Independence Township that
is reasonably necessary to furnish adequate services to the general
public both within Independence Township and outside the Township,
including, but not limited to, long-distance transmission facilities
such as electrical power lines or high-pressure natural gas or petroleum
lines, switching facilities, substations and similar facilities.
See "yard, rear."
An enterprise operated for profit by other than a public
entity, either indoors or outdoors for the pursuit of sports, recreation
or leisure activities, including, but not limited to, such establishments
as miniature golf, golf or batting practice facilities, bowling alleys,
ice or roller rinks, playing fields, racquet clubs, swimming pools,
theaters, dance halls, amusement parks, amphitheaters and similar
facilities.
An enterprise operated by an individual, association or corporation,
other than a public entity, whether or not for profit, and whether
or not the facilities are advertised to the general public, including
sports, recreation or leisure activities, the use of which is limited
to members and their guests, including, but not limited to, such establishments
as country clubs, golf courses, sportsmen's clubs, golf practice facilities,
playing fields, tennis or racquet clubs, swimming pools and similar
facilities.
An enterprise other than a municipal facility, as defined
herein, operated by a public entity, available to the general public,
whether or not an admission fee is charged, including either indoor
or outdoor facilities for the pursuit of sports, recreation or leisure
activities, including, but not limited to, parks, playgrounds, playing
fields, golf courses, golf or batting practice facilities, ice rinks,
tennis courts, swimming pools and similar facilities.
A parcel of land at least 10 acres in size which has been
so designated and improved that contains 10 or fewer pads/berths equipped
for the placement thereon of recreational vehicles (as defined herein)
that are intended for human occupancy. The term shall not mean or
include a mobile home, manufactured home or seasonal dwelling.
[Added 1-7-2013 by Ord.
No. 13-01]
A single-axle or multiple-axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle,
for the purpose of travel, camping, vacation and recreational use,
including, but not limited to, travel trailers, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles, motorcycles and all-terrain vehicles.
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, bodywork and recapping/retreading
of tires, and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building, as defined by this chapter.
A service establishment providing maintenance and repairs
of items that can be carried in by hand, including personal effects
(such as jewelry, watches, bicycles), small household appliances,
office equipment, small gasoline engines and similar items, but not
including repair of large appliances, motorized vehicles or heavy
equipment.
Any establishment, including laboratories, that carries on
investigation in the natural, physical or social sciences or engineering
and development as an extension of such investigation with the objective
of creating end products and that may include supporting storage and
transportation facilities.
An establishment that offers food and beverages for sale
and consumption either on or on and off the premises as the principal
use and may serve alcoholic beverages for consumption on the premises
as an accessory use.
The sale on the premises of commodities and/or services directly
to consumers, but not including the manufacturing or processing of
any products.
A residential development designed primarily or exclusively
for occupancy by elderly or retired persons and that features one
or more of the following special services associated with the needs
of elderly or retired persons, such as transportation, limited nursing
facilities, dispensaries, common dining facilities, minimum maintenance,
laundry service, recreation programs, personal services (such as beauty
and barber shops, or cleaner's valet service), florist and/or gift
shop, doctors' offices, branch bank, postal service and similar services
or facilities.
An establishment where instruction in riding, jumping and
showing is offered for a fee and where horses may be hired for riding.
A riding academy may also include a boarding stable, as defined herein.
An area of land reserved or dedicated for public purposes
to provide access across private property.
An on-lot disposal system providing for the disposal of effluent
for one building and its accessory building on a single lot, subject
to the approval of the Washington County Sewage Council.
Any municipal or privately owned sewer system in which sewage
is collected from more than one lot and piped to an approved sewage
disposal plant or approved community treatment system, including capped
sewers that are installed to Township specifications.
An accredited institution of learning that offers elementary
and secondary-level instruction or that offers associate, bachelor
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
See "slaughterhouse."
See "mini warehouses/self-storage facility."
The servicing of motor vehicles and operations
incidental thereto and limited to one or more of the following activities:
the retail sale of petroleum products; retail sales and installation
of automotive accessories; automobile washing by hand; waxing and
polishing of automobiles; tire changing and repairing (excluding recapping);
battery service, changing and replacement, excluding repair and rebuilding;
radiator cleaning and flushing, excluding steam cleaning and repair;
installation of accessories; and state inspection; and/or
The following operations, if conducted within
a completely enclosed building, as defined by this chapter: lubrication
of motor vehicles; replacement of exhaust systems; brake servicing
limited to servicing and replacement of brake cylinders, lines and
brake shoes; wheel balancing; the testing, adjustment and replacement
or servicing of carburetors, filters, generators, points, rotors,
spark plugs, voltage regulators, water and fuel pumps, water hoses
and wiring; and/or
The operation of a convenience food store, provided
retail sale of petroleum products is a part of the operation.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person be female, breast.
A site under one ownership and control that is developed
as a unit for two or more retail businesses in one or more buildings
and designed with shared parking, loading and access facilities.
See "lot line, side."
See "yard, side."
Any structure or device used to attract attention by word
or graphic display.
The area enclosed by one continuous line, connecting the
extreme points or edges of an advertising panel containing letters
or the sum of the areas of each letter in the case of freestanding
letters that are mounted on a building wall, rather than painted on
or affixed to an advertising panel. In the case of freestanding pole
or ground signs, this area shall not include the main supporting sign
structure but shall include all other ornamental attachments and connecting
features that are not part of the main supports of the sign. In the
case of letters that are painted on or affixed to an awning or canopy,
rather than mounted on a wall or affixed to an advertising panel,
the area of the sign shall be the area of the geometric shape formed
by outlining the height and width of all of the letters, including
the space between the individual letters. For two-sided signs, only
one face is counted in computing the surface area.
See Subsection A under "dwelling types."
A tract of land or one more contiguous lots proposed for
development.
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
An establishment where animals are butchered for human consumption
and where the meat is prepared and packaged for retail or wholesale
sales, including seasonal processing of game animals.
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
See "use by special exception."
A private outdoor recreational facility accessory to a dwelling
for personal use by the residents, comprised of an all-weather surface
designed for regulation play of tennis, basketball, handball or similar
games.
A legally chartered organization for the pursuit of hunting,
fishing, marksmanship and related activities that may or may not include
a clubhouse and that has a roster of membership and a regular calendar
of activities limited to members and their guests.
Land which has a slope of 25% or greater, as identified and
mapped by the Washington County Planning Commission using information
from the Washington County Soil Survey.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it, excluding cellars.
A public or recorded private right-of-way that affords primary
means of vehicular access to abutting property, but not including
alleys.
A public street that serves large volumes of high-speed and
long-distance traffic. Streets classified as arterial in the Township,
for the purpose of interpreting this chapter, are: State Route 50
(Avella Road), State Route 231 (Scenic Drive/Meadowcroft Road), State
Route 331 (Brush Run Road), and State Route 844 (Washington Pike).
A public street that, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial streets.
For the purpose of interpreting this chapter, streets classified as
collector in the Township are: Brashears Run Road, Campground Road,
Country Road, Fallen Timber Road, Hickory Nut Road, Indian Camp Run
Road, Mt. Hope Ridge Road, Narigon Run Road, Popular Road, Ridge Road,
Scenic Drive, Short Cut Road and Sugar Run Road.
The legal right-of-way line that forms the dividing line
between the street and the lot.
Any public street not defined herein as an arterial or a
collector street.
See "private street."
A public right-of-way dedicated and open for public use that
has been adopted by the Township, county, commonwealth or other governmental
body.
A change or rearrangement of the structural parts or in the
exit facilities, or an enlargement or diminution of the structure,
whether by extending on the side or increasing the height or depth,
or the moving from one location or position to another.
Any man-made object having an ascertainable stationary location
on or in land or water whether or not affixed to the land.
See "height of structure."
The division of a lot, tract or parcel of land by any means
into two or more lots, tracts or parcels or other division of land,
including any changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
See "sign, surface area of."
Any body of water or receptacle for water having a depth
at any point greater than two feet and a surface area greater than
100 square feet, used or intended to be used for swimming or bathing
and constructed, installed or maintained outside any building.
See "bar or tavern."
See "construction trailer, temporary."
An activity or business enterprise not otherwise defined
and regulated by this chapter that attracts and serves people visiting
the area for educational, leisure or vacation purposes directly related
to the available historic, agricultural and recreational resources
of the immediate area, including, but not limited to, bait and tackle
shops, fishing and boating events, campgrounds, demonstration or exhibit
farms, farm stays, nature, game or wildlife preserves, museums, military
or cultural reenactments or encampments, wineries, fish hatcheries,
worm farms, seasonal farm festivals, educational activities, country
stores, hayrides, pick your own produce and similar activities or
events that draw people from outside the immediate area. (This definition
does not include agrotourism hotel (small or large), bed-and-breakfast,
sportsmen's club and commercial recreation, which are defined and
regulated separately.)
See Subsection H under "dwelling types."
The Township of Independence, Washington County, Pennsylvania.
[Amended 11-14-2012 by Ord. No. 12-01]
See Subsection I under "dwelling types."
An establishment engaged in the rental, sale and/or service
of vehicles in excess of 26,000 pounds GVW and/or any other heavy
equipment, including, but not limited to, construction or farm equipment,
whether or not the equipment is classified as a motor vehicle.
See Subsection B under "dwelling types."
Land beneath which coal has been removed by methods other
than strip mining.
The purpose, business or activity for which any land or structure
is utilized.
A use authorized by this chapter that may be granted only
by the Zoning Hearing Board following a public hearing, subject to
express standards and criteria contained in this chapter.
A departure from the specific regulations of this chapter
that may be granted by the Zoning Hearing Board in accordance with
the criteria established by the Pennsylvania Municipalities Planning
Code (Act 247, as amended) for a particular piece of property that,
because of special circumstances applicable to it, cannot be developed
in compliance with the literal terms of this chapter without undue
physical hardship.
An establishment engaged in the retail sales and installation
of accessories for trucks, automobiles and motorcycles, including,
but not limited to, such items as tires, hubcaps, mirrors, seat covers,
floor mats, tonneau covers, truck caps, windshields, windshield wipers,
trim packages, running boards and the like, but not including any
mechanical parts.
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds GVW, but not including any heavy equipment
or any other vehicle or equipment that is not classified as a "motor
vehicle" under the Pennsylvania Motor Vehicle Code.
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, bodywork and recapping/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a completely enclosed
building, as defined by this chapter.
See "bore holes/ventilating shafts."
See "fence or wall."
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles. Warehousing that is incidental to retail sales and that
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition.
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
A wind-energy conversion system consisting of a wind turbine,
a tower and associated control or conversion electronics primarily
for private use to reduce on-site consumption of utility power.
An area of land under common ownership or control containing
one or more wind turbines used primarily for generating electricity
to off-site customers, including substations, meteorological towers
to measure wind speed, cables, wires and other accessory structures
and buildings necessary to the operation of the facility.
Areas, groves or stands of mature or largely mature trees
that are greater than six inches in caliper (diameter) at a height
of 14 inches above the ground that cover a land area greater than
0.25 of an acre; or any grove of more than 10 individual trees that
are mature having a caliper (diameter) greater than 12 inches at a
height of 14 inches above the ground.
A farm containing 50 or more contiguous acres under single
ownership and control, where agriculture is actively pursued.
A required open space located on a lot that is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
A yard extending between side lot lines across the full lot
width from the street right-of-way line to a line parallel to the
front lot line, the minimum horizontal distance required by this chapter.
A yard extending across the rear of the lot between the required
side yard lines parallel to the rear lot line, the minimum horizontal
distance required by this chapter.
A yard extending from the required front building line to
the rear lot line parallel to the side lot line, the minimum horizontal
distance required by this chapter.
A document issued by the Township Code Enforcement Officer
stating that the proposed use of a particular structure, building
or lot conforms to the requirements of this chapter.
[Amended 5-16-2012; 5-21-2014]
An area accurately defined as to boundaries and location
on the Zoning District Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
The official map delineating the zoning districts of Independence
Township, Washington County, Pennsylvania, together with all amendments
subsequently adopted, that is incorporated in and made a part of this
chapter by reference thereto.
The Zoning Hearing Board of the Township of Independence,
Washington County, Pennsylvania.
