All words used in this chapter shall carry their
customary meanings 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, designed
to be used or occupied." The word "person" shall include an individual,
corporation, Partnership, incorporated association or any other entity.
Words in the masculine gender shall include the feminine gender.
The following words and phrases shall have the
particular meanings specified for the purpose of this chapter.
A building which is on the same lot with, but detached from,
the principal building and which is customarily incidental and subordinate
to the principal building, including, but not limited to, private
garages, storage sheds and the like.
A secondary dwelling unit established in conjunction with
and clearly subordinate to a primary dwelling unit, whether a part
of the same structure as the primary dwelling unit or a detached dwelling
unit on the same lot.
[Added 12-20-2023 by Ord. No. 138]
A structure which is on the same lot with, but detached from,
the principal building and which is customarily incidental and subordinate
to the principal building, including, but not limited to, swimming
pools, satellite dish antennas, fences and the like.
A use customarily incidental and subordinate to the principal
use and located on the same lot as the principal use.
Any commercial establishment in which more than 5% of the
inventory offered for sale or rental to the public consists of books,
publications, films or other media which are characterized by their
emphasis on matter depicting or describing sexual conduct or specified
anatomical areas, as defined herein.
An adult bookstore/video store, adult live theater, adult
motel, adult movie theater or adult movie house, as defined herein.
Any commercial establishment which features, on a regular
basis, live shows for public viewing in which all or some of the performers
are displaying specified anatomical areas or engaging in sexual conduct,
as defined herein.
A motel which offers adult movies by means of closed circuit
television which have a dominant theme or are characterized by an
emphasis on matter depicting or describing sexual conduct or specified
anatomical areas for observation by patrons therein.
Any movie theater, including mini-theaters, which on a regular
and continuing basis shows films rated "X" or any equivalent successor
rating by the Motion Picture Coding Association of America, or any
movie theater, including mini-theaters, which presents for public
viewing on a regular, continuing basis adult films which have a dominant
theme or present material characterized by an emphasis on matter depicting
or describing sexual conduct or specified anatomical areas, as defined
herein.
Any use of land or structures for farming, dairying, pasturage,
agronomy, horticulture, floriculture, arboriculture, or animal or
poultry husbandry. Accessory uses permitted in conjunction with an
agricultural use may include barns, stables, corn cribs, silos, greenhouses
and any other use or structure that is clearly related to an agricultural
operation.
The practice of attracting travelers or visitors to an area
or areas used primarily for agricultural purposes, including but not
limited to overnight stays (lodging and camping), special events and
festivals, recreation activities and events, fresh products and value-added
products, tourism-enhanced direct marketing, and/or education. Agritourism
may serve as a supplementary, complementary, or primary enterprise
of the area(s).
[Added 12-20-2023 by Ord. No. 138]
The area within a parking lot directly abutting parking spaces
which is designed to provide a connection between the parking spaces
and the public street or between the parking spaces and a driveway
which provides access to the public street.
A public right-of-way providing a secondary means of access
to a property or properties.
See "structural alteration."
Any change to this chapter or to the Zoning District Map which is incorporated in this chapter by reference thereto subject to the procedure outlined in Article VIII of this chapter.
Commercial uses authorized in a planned residential development
of a certain size whose only function is to supply services and/or
products to the residents, including and limited to the following:
branch bank or automated teller machine, convenience store, day-care
center, florist, laundry or dry cleaner pickup, personal services,
pharmacy and professional offices.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc), or any
other wireless antenna. An antenna shall not include "tower-based
wireless communications facilities" as defined in this section.
[Added 12-20-2023 by Ord. No. 138]
Any place where one (1) or more colonies of bees are kept
at a single location.
[Added 12-20-2023 by Ord. No. 138]
A landowner or developer who has filed an application for
development, including his heirs, successors and assigns, as the case
may be.
A professional licensed as such in the Commonwealth of Pennsylvania.
See "lot area."
A public street which serves large volumes of high-speed
and long-distance traffic. Streets classified as arterial in the Township
are: PA Route 8 and PA Route 228 East and PA Route 228 West.
Divided proportionately according to the current assessed
valuation.
A retail place of business, engaged primarily in the sale
of motor fuels or supplying goods and services generally required
in the operation and maintenance of motor vehicles and fulfilling
of motorist's needs, including one or more of the following: the sale
of petroleum products; sale and service of tires, batteries, automotive
accessories and replacement items; washing and lubrication services;
the supplying of other incidental automotive customer services and
products; and the performing of automotive maintenance and repair,
excluding such repairs as spray painting, body, fender, axle, frame,
major engine overhaul or recapping/retreading of tires.
[Amended 3-20-2019 by Ord. No. 133]
An establishment where the principal use is the serving of
alcoholic beverages by the drink to the general public and where food
or packaged beverages may be served or sold as an accessory use.
[Added 12-20-2023 by Ord. No. 138]
A story having more than 50% of its clear height below finished
grade.
A sign displaying changeable advertising copy which pertains
to a business, organization, event, person, place, service or product
not principally located or sold on the premises upon which said sign
is located.
The Zoning Hearing Board established by this chapter.
A facility that holds a license to manufacture, store and
distribute malt or brewed beverages as regulated by the Pennsylvania
Liquor Code, as amended.[1] Sales of malt and brewed beverages of alcoholic and or
nonalcoholic content that are manufactured outside the facility are
prohibited. Holders of a brewery license may allow patrons to consume
alcohol on the premises only in accordance with Title 40, Liquor,
of the Pennsylvania Code. See also "microbrewery" and "brewpub."
[Added 12-20-2023 by Ord. No. 138]
A restaurant in which beer or malt beverages, wine, and other
alcoholic beverages are manufactured, brewed or distilled on-site
for retail purchase only and which establishment is licensed and operated
in accordance with the Pennsylvania Liquor Code and in compliance
with the requirements of the Pennsylvania Liquor Control Board.
[Added 12-20-2023 by Ord. No. 138]
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 or an existing
natural or constructed natural barrier which duplicates the effect
of the required buffer yard.
A roofed structure, enclosed by walls, to be used for shelter,
enclosure or protection of persons, goods, materials, equipment or
animals.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors, covered porches and covered
patios, whether enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average finished
elevation at the front of the building to the highest point on the
roof for flat roofs, to the deck line for mansard roofs, to the mean
height between the eaves and the ridge for gable, hip and gambrel
roofs and to the highest point for any other type of roof.
A line parallel to, or concentric with the front lot line,
the measurement of which is the front yard depth.
Written authorization issued by the Zoning Officer which
documents compliance with the terms of this chapter prior to the enlargement,
structural alteration, construction, reconstruction, removal or relocation
of any structure.
See "principal building."
Establishments engaged in providing services to business
offices on a fee or contract basis, including, but not limited to,
advertising and public relations; management and consulting services;
employment services; building security and maintenance services; equipment
servicing, rental/leasing and sales; computer and data processing
services; mailing, photocopying, quick printing and fax services;
sale of office supplies; and similar business services; but not including
the rental, sales or repair of vehicles or heavy equipment.
A structure or area used for the purpose of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles but not
including an incidental one-bay washing facility in a gasoline service
station where washing facilities are accessory to the operation of
said service station. A self-operated vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be a car wash. No vehicle repairs shall be performed
in association with the car wash.
[Amended 3-20-2019 by Ord. No. 133]
A facility that provides a location for a planned occasion
or activity, such as a wedding, reunion, graduation, or other social
gathering. Event halls, when authorized, may sometimes include a catering
use.
[Added 12-20-2023 by Ord. No. 138]
An imaginary line running parallel to a street right-of-way
or easement boundary, equidistant from each side line of the easement
or right-of-way or an imaginary line equidistant from the sides of
a physical feature such as a stream.
Written authorization issued by the Zoning Officer which
documents compliance with the terms of the building permit, or where
no building permit has been issued, with the requirements of this
chapter prior to the use and/or occupancy of any land or structure.
Common domestic fowl (Gallus gallus domesticus) or its young.
Within this chapter, a "chicken" refers only to a female chicken.
[Added 12-20-2023 by Ord. No. 138]
A covered, secure enclosure that allows chicken hens access
to the outdoors.
[Added 12-20-2023 by Ord. No. 138]
A movable, fully enclosed structure commonly used for pastured
chicken hens that graze on fresh grass daily. The chicken tractor
is moved every day or week as needed for the chicken hens to have
fresh grass underneath them. Chicken tractors can be used as permanent
or temporary housing for chicken hens and are considered a type of
chicken coop.
[Added 12-20-2023 by Ord. No. 138]
Any establishment where human patients are examined and treated
by doctors or dentists, but not hospitalized overnight.
An establishment where animals are examined and treated by
veterinarians and which may include kennels for temporary boarding
of animals during treatment.
A center for the acceptance and processing of recyclable
materials from the public. Recyclable materials shall be limited to
glass containers, plastic containers, aluminum beverage cans, steel/bimetal
containers, newsprint, high-grade office paper and corrugated paper.
Processing of recyclable materials shall be limited to crushing, baling,
chipping, shredding or other operations which physically reduce the
mass of the materials but which do not alter their composition in
any way.
A public street which, 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 roads.
Streets classified as collector in the Township for the purposes of
interpreting this chapter are: SR-3012 (West Cruikshank Road), T-380
(McFann Road), T-395 (Denny Road), T-480 (Browns Hill Road), T-480/T-484/T-486
(Sandy Hill Road), T-482 (Logan Road), T-485 (Steiner Bridge Road),
T-490 (East Cruikshank Road) and T-830 (Leslie Road).[2]
An establishment providing nonacademic training, vocational
or trade educational courses and programs.
An establishment storing or offering for sale building supplies,
steel supplies, equipment, feed and grain, and similar goods. Any
materials produced on site shall be considered accessory to such sale.
Supply yards do not include the wrecking, salvaging, dismantling or
storage of automobiles and similar vehicles.
A lot or portion thereof or body of water or a combination
thereof within a development site for the use and enjoyment of the
residents of a planned residential development, not including streets,
off-street parking areas and areas set aside for facilities for the
general public.
The Commonwealth of Pennsylvania.
An instrument intended for use in the wireless transmission
or in the gathering of data, or relaying of any portion of the electromagnetic
spectrum, including television, radio, telephonic, cellular, or any
other type of communicative transmission which is to be affixed to
a building or structure, including the equipment necessary for its
use, but not including structures for signal reception only.
Any communications tower and its associated structures operated
by any person, agency or corporation, not otherwise a public utility,
as defined herein, who or which furnishes mobile domestic cellular
radio telecommunications services. See "communications tower."
A structure used for public or private communication purposes
and regulated by the Federal Communications Commission. Communications
towers shall be considered to be a different and distinct use than
a radio or television antenna not permitted as accessory uses but
considered to be a principal use of a lot.
The Comprehensive Plan of the Township which guides the physical
development of the Township and which consists of maps, charts and
textual matter in accordance with the provisions of the Pennsylvania
Municipalities Planning Code.
An authorized use which may be granted only by the Township
Supervisors pursuant to express standards and criteria prescribed
in this chapter, after review, public hearing and recommendation by
the Township Planning Commission and public hearing by the Township
Supervisors.
A facility used for corporate or professional meetings, seminars
and/or employee training, and which may include supporting dining
and lodging facilities and related recreational facilities as accessory
uses.
An imaginary line connecting all points with the same elevation
above or below a fixed base point whose elevation is known.
A retail establishment which does not exceed 10,000 square
feet in gross floor area and which offers grocery, household and personal
items for quick purchase and food preparation and which may include
the dispensing of gasoline and other fuels.
[Amended 3-20-2019 by Ord. No. 133]
A dwelling unit, as defined herein, established within an
existing single-family dwelling.
Any fully enclosed and covered henhouse providing a predator-resistant
shelter that is thoroughly ventilated, provides adequate sun and shade,
and all-season protection from the elements, designed to be easily
accessed and cleaned where poultry and/or chickens live.
[Added 12-20-2023 by Ord. No. 138]
See "lot, corner."
A recreational facility operated by a public or private entity
which has as its principal use facilities for playing golf and which
may include one or more of the following accessory uses: a clubhouse
and/or restaurant, locker rooms, pro shop, swimming pool, and facilities
for racquet sports.
County of Butler, Pennsylvania.
An agreement legally binding successor owners of property
to certain conditions regarding the use of the property stipulated
by the original owner.
See "lot coverage."
A street closed at one end with a vehicular turnaround provided
at the closed end.
The excavation of preexisting earth material in the process
of grading.
A facility, licensed by the commonwealth, located within
a building which is not used as a dwelling unit, for the care during
part of a twenty-four-hour day of children under the age of 16 or
handicapped or elderly persons.
A facility, licensed by 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, excluding
care provided to children who are relatives of the provider. Such
use shall be secondary to the use of the dwelling for living purposes
and no more than one person who does not reside in the dwelling shall
be employed.
A freestanding or attached accessory structure to a dwelling
which is constructed of natural or synthetic wood, either on or above
the ground, without a roof or awning, and with flooring that is not
completely impervious, and which may include steps or railings.
[Added 12-20-2023 by Ord. No. 138]
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
A graphic and written presentation of a planned residential
development, a subdivision or land development and all provisions
relating to use, location and bulk of buildings and other structures,
intensity of use or density of development, streets, parking facilities,
common open space and public facilities.
A facility that holds a license to manufacture, store and
distribute alcoholic liquors as regulated by the Pennsylvania Liquor
Code, as amended.[3] Sales of beverages of alcoholic and/or nonalcoholic content
that are manufactured outside the facility are prohibited. Holders
of a brewery license may allow patrons to consume alcohol on the premises
only in accordance with Title 40, Liquor, of the Pennsylvania Code.
See also "microdistillery" and "brewpub."
[Added 12-20-2023 by Ord. No. 138]
Animals, fish or fowl customarily found in a dwelling and
kept for company or pleasure, including, but not limited to dogs,
cats, hamsters, parakeets or canaries and the like, but not in sufficient
number to constitute a kennel, as herein defined.
A business that orients the sale of goods or service to those
remaining in their cars while business transactions occur.
A private vehicular access route serving only one parcel
or lot which provides access to a public street, but which does not
provide access to any other lot or parcel under separate ownership.
A retail establishment in excess of 10,000 square feet of
gross floor area which sells prescription drugs, patent medicines,
surgical and sickroom supplies and which also may sell cosmetics,
household goods and a limited selection of food products.
Any breed of domestic duck of the Anatidae family, excluding
swans and geese.
[Added 12-20-2023 by Ord. No. 138]
See "dwelling, two-family."
Any building designed or used as permanent living quarters
for one or more families, but not including hotels, motels, lodging
or boardinghouses.
DWELLING, SINGLE-FAMILYA residential building containing one dwelling unit and which is the only principal building on the lot.
DWELLING, TWO-FAMILYA residential building containing two independent dwelling units, each having a separate entrance, and which is the only principal building on the lot.
DWELLING, MULTIFAMILYA residential building or portion thereof containing three or more dwelling units, including garden apartments and townhouses.
GARDEN APARTMENTA multifamily residential building no more than three stories in height containing five or more dwelling units which 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.
TOWNHOUSEA multifamily residential building no more than three (3) stories in height which contains at least two (2), but no more than five (5), 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.
[Amended 8-21-2019 by Ord. No. 134]
QUAD-PLEXA detached building designed for or occupied exclusively as a residence and where the building is divided by two common party walls into four distinct dwelling units where each dwelling unit has direct access to the outdoors.
One or more rooms which are used as living quarters for one
family and which have permanent facilities for sleeping, cooking and
eating, as well as separate sanitary facilities.
The number of dwelling units authorized by this chapter per
acre of land.
A nonpossessor interest in land; a grant of one or more property
rights by the property owner to and for the use by the public, a corporation
or another person or entity within which no permanent building may
be erected, the use of which shall not be inconsistent with the rights
of the grantee.
An eating establishment located within a business establishment
which is restricted to employees of the business establishment and
their invited guests.
A professional licensed as such in the Commonwealth of Pennsylvania
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 Pennsylvania
Department of Environmental Protection (DEP) 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 8-13-2014 by Ord.
No. 127]
The provision of distribution systems by public utilities,
municipal or other government units regulated by the Public Utilities
Commission (PUC) or other governmental agencies of underground or
overhead gas, electrical, steam or water pipes, sewers, conduit, fire
alarm boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate services by such public utilities or municipal
or governmental units or for the public health and safety or general
welfare.
The removal of earth or mineral material from a site when
such removal is not necessary to prepare the site to receive a structure
or structures.
The exterior wall of a building exposed to public view.
One of the following:
All persons living in the same household who
are related by birth, marriage or adoption; or
Those defined as such by the United States Code
of Federal Register; or
No more than four unrelated individuals occupying
a premises and living as single housekeeping unit, as distinguished
from a group occupying a boardinghouse, group home, hotel or the like.
Any lot or group of contiguous lots under single ownership
containing at least 10 acres which is used for agriculture, as defined
by this chapter.
Any animal normally raised for its meat, milk, skins or other
products or for its ability to perform work, including, but not limited
to, horses, cows, pigs, goats, sheep, llamas, donkeys, chickens, roosters,
rabbits, ducks, geese, pigeons, bees and the like. Farm animals shall
be restricted to farms, as defined herein, and shall not be considered
domestic pets, except that no more than one rabbit and/or one duck
may be kept as domestic pets.
A structure erected to restrict or prevent passage between
adjoining properties or areas within a property.
Earth material excavated from elsewhere and deposited during
the process of grading.
The ultimate approval of a planned residential development granted by the Board of Supervisors which follows tentative approval and filing of an application for final approval, all granted in accordance with Article XI of this chapter.
Banks, savings and loan associations and similar PA licensed
or regulated institutions that lend money or are engaged in a finance-related
business.
Any building which is designed to accommodate a combination
of office and warehousing or office and manufacturing or assembly.
See "gross floor area” and “net leasable floor
area."
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
are not 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.
[Amended 12-20-2023 by Ord. No. 138]
The management, cultivating, maintaining, and harvesting
of timber from a site. Forestry activities do not include the production
or processing of lumber mills or similar activities/uses of timber,
whether grown on-site or off-site.
[Added 12-20-2023 by Ord. No. 138]
Any domesticated bird kept for consumption (meat and eggs)
or for feathers.
[Added 12-20-2023 by Ord. No. 138]
A building and adjacent loading area where cargo is stored
and where commercial vehicles load and unload cargo on a regular basis
which may or may not include facilities for maintenance, fueling,
storage, or dispatching of the vehicles.
See "lot frontage."
See “lot line, front.”
A building used for the embalming of deceased human beings
for burial and for the display of the deceased and ceremonies connected
therewith before burial or cremation.
See "dwelling, garden apartment."
A retail establishment that sells flowers, plants, shrubs,
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.
The process by whatever means of changing the natural and/or
existing contour and/or surface of the land.
An accessory dwelling unit situated on a lot which has its
own entrance, kitchen, bathroom, and living area. Such an accessory
dwelling often is one (1) of the following types:
[Added 12-20-2023 by Ord. No. 138]
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 florist, a
travel agency, video rental (excluding an adult video store), banking
and copy/fax services.
The sum of the horizontal areas of the several stories of
a principal building or buildings on the same lot. All dimensions
shall be measured between exterior faces of walls.
A facility which provides room and board and specialized
services for more than eight residents who are mentally or physically
handicapped; or any number of permanent residents who are dependent
and/or delinquent children under the age of 18 adjudicated by the
court system; or any number of mentally disturbed persons of any age
who are in need of supervision and staff qualified by the sponsoring
agency who may or may not reside at the facility and who provide health,
social and/or rehabilitative services to the residents under the supervision
of a governmental agency, its licensed or certified agents or any
other responsible nonprofit social services corporation.
A dwelling unit where room and board is provided
to not more than eight permanent residents who are mentally or physically
handicapped persons of any age, who are in need of supervision and
specialized services and no more than two supervisors on any shift
who may or may not reside in the dwelling and who provide health,
social and/or rehabilitative services to the residents under the supervision
of a governmental agency, its licensed or certified agents, or any
other responsible nonprofit social services corporation.
A group home shall be considered a single-family
dwelling and shall be authorized wherever a single-family dwelling
is permitted subject to the requirements of the district applicable
to single-family dwellings.
See "building height."
The vertical distance measured from the average finished
grade around the entire perimeter of the structure to the highest
point of the structure.
A helicopter landing pad owned by a private entity for use
by helicopters owned or invited by such entity which is licensed by
the Bureau of Aviation, Pennsylvania Department of Transportation
and regulated by the Federal Aviation Administration.
A location for lighting a sign, building or other object
on a property that is designed so that the lights themselves are not
visible from any point outside the property.
A receptacle or container, that includes modern movable frames
or combs, in which an active bee colony inhabits and exceeds a volume
of 50 liters [i.e., a single standard Langstroth 9 5/8 inches
deep body with ten (10) frames plus one (1) additional hive body].
[Added 12-20-2023 by Ord. No. 138]
A lot with a minimum area of 10 acres where agricultural
activities are conducted by the residents thereof, but where such
activities are not the principal source of employment or income.
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, and which otherwise comply with the requirements
of this chapter.
An accessory use that is secondary to the principal use of
a dwelling for living purposes contributing either entirely or partly
to the livelihood of a person living in the dwelling and which does
not comply with the requirements of a no-impact home-based business.
All life stages of the common domestic honeybee, Apis mellifera
species ("European" honeybee), and does not include the Africanized
honeybee.
[Added 12-20-2023 by Ord. No. 138]
An establishment (including sanitariums) for the short-term
care of patients suffering from physical or mental illnesses, but
not including narcotics addiction or those found to be criminally
insane, and which may or may not include facilities for major surgery
and which may be publicly or privately operated.
Any ice gathered on the rotating blades of a wind turbine
that detaches and is thrown.
[Added 12-20-2023 by Ord. No. 138]
A vehicle which is inoperative or unable to meet the vehicle
registration and inspection standards under Part IV (Section 4101
et seq.) of the Pennsylvania Motor Vehicle Code.[4] The term does not include a vehicle which would qualify
as an antique or classic vehicle except for its lack of restoration
or maintenance.
Land or structure used for the collection, storage, processing
and/or sale of scrap metal, scrapped, abandoned, or junked motor vehicles,
machinery, equipment, wastepaper, glass, rags, containers, and other
discarded materials. Under this chapter, two or more scrapped, abandoned
or junked motor vehicles shall constitute a junkyard. Refuse or garbage
kept in a proper container for prompt disposal shall not be regarded
as a junkyard.
Any household or establishment where more than four dogs
or more than six cats or any combination of dogs and cats exceeding
four animals who are more than six months old are kept, bred, trained
and/or boarded at any one time, whether for profit or not.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
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 subdivision of land.
Development in accordance with § 503(1.1)
of the Pennsylvania Municipalities Planning Code.[5]
A plan prepared in accordance with the application requirements
of the Township Subdivision and Land Development Ordinance[6] for approval of a land development, as defined herein.
For the purposes of this chapter, land fowl shall include
any domestic breed of chicken, turkey, or guineafowl.
[Added 12-20-2023 by Ord. No. 138]
Any site licensed by the Pennsylvania Department of Environmental
Resources (PA DER) 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 the land.
A professional licensed as such in the Commonwealth of Pennsylvania.
A business offering off-site delivery of products and services
to clients, including installation and/or maintenance and repair of
trees, shrubs, flowers, ground cover and grasses and/or design and
construction of outdoor spaces, including yards, retaining walls,
patios, decks, fencing, lighting and other outdoor elements. A landscape
business shall also include a business offering lawn care and related
services.
[Added 3-28-2012 by Ord. No. 123; amended 9-21-2022 by Ord. No. 137]
A plan prepared by a registered landscape architect or certified
nurseryman 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.
Any nonresidential or mixed use development that has a building
area of 50,000 square feet or more or a gross floor area of 50,000
square feet or more.
[Added 7-29-2015 by Ord.
No. 128]
A portion of a lot used for the standing, loading, or unloading
of motor vehicles.
A tract of land in a plan of subdivision or any other parcel
of land described in a deed or legal instrument pursuant to the laws
of the Commonwealth of Pennsylvania intended to be used as a unit
for development or transfer of ownership.
That area measured on a horizontal plane bounded by the front,
rear and side lot lines, exclusive of any area within a street right-of-way.
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
That portion of the lot area covered by all principal and
accessory structures, expressed as a percentage of the total lot area.
A lot having two or more of its nonadjoining property lines
abutting on a street, usually having front and rear street frontage.
An interior, unconventional lot for a single-family detached
dwelling which has direct access to a public or private street by
way of a minimum of a fifty (50') foot access strip. No part of the
flag stem or access strip shall be included in determining the area
of the flag lot. No building or structure shall be permitted in any
portion of the flag stem or access strip. The front building setback
line of the required front line shall be measured only from the interior
front line and not from the street line or right-of-way line. A flag
stem or access strip providing access to a flag lot may not exceed
500 feet in length as measured from the street right-of-way to the
interior lot line.
[Amended 7-29-2015 by Ord. No. 128]
The distance between the side lot lines measured along the
front lot line.
That line which describes the limits of a lot and separates
it from adjoining properties or rights-of-way.
That line which bounds the lot contiguous with the street
right-of-way line or through which the lot has access to a street
right-of-way.
That line which is generally opposite to the front lot line.
Any lot line which is not a front lot line or a rear lot
line.
Any lot which individually or as a part of a subdivision,
has been recorded in the Office of Recorder of Deeds of the county.
The straight line distance between the points of intersection
of the building line with the side lot lines.
A portion of a loading area set aside so that trucks may
enter and leave the loading area moving in a forward direction.
Any activity that receives raw or partially prepared materials
from elsewhere for production into finished or partially finished
products or any activity that provides a service in connection with
an industrial process.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A facility owned and operated by a private for-profit entity,
a private nonprofit entity or the Butler County Department of Human
Services Bureau of Drug and Alcohol, or equivalent entity, where the
drug methadone or similar substance is prescribed and administered
for the treatment, maintenance or detoxification of persons.
A small, usually independent brewery that produces limited
quantities of specialized beers. A microbrewery provides for the retail
sales of the beer at the location where it is produced. A microbrewery
may also include a tasting room and restaurant in conjunction with
the use. A microbrewery must meet all applicable state licensing requirements.
See also "brewery" and "brewpub."
[Added 12-20-2023 by Ord. No. 138]
A small, often boutique-style distillery established to produce
beverage grade spirit alcohol in relatively small quantities, usually
done in single or small batches. A microdistillery provides for the
retail sales of the distilled beverage at the location where beverages
are distilled. A microdistillery may also include a tasting room and
restaurant in conjunction with the use. A microdistillery must meet
all applicable state licensing requirements. See also "distillery"
and "brewpub."
[Added 12-20-2023 by Ord. No. 138]
Any extraction of any mineral for sale or other commercial
purposes which 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, limestone and dolomite,
sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and
other mineral resources. Mining activities carried out beneath the
surface of the earth by means of shafts, tunnels or other underground
mine openings are not included in this definition.
A building or group of buildings in a controlled access and
fenced compound that contains various sizes of individualized, compartmentalized
and controlled access stalls and/or lockers leased by 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, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation
in a mobile home park.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
An establishment which provides transient lodging accommodations
to the general public and which may provide such additional supporting
services as restaurants, meeting rooms, recreation facilities and
living quarters for a resident manager or proprietor.
See "dwelling, multifamily."
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164) known as the "Municipal Authorities
Act of 1945."[7]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. § 10101 et seq., as amended.
See "recreation, municipal."
A fossil fuel consisting of a mixture of hydrocarbon gases,
primarily methane, and possibly including ethane, propane, butane,
pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and
other gas species. The term includes natural gas from oil fields known
as "nonassociated" gas, coal beds, shale beds and other formations.
The term does not include coal bed methane.
[Added 8-13-2014 by Ord.
No. 127]
A facility designed and constructed to compress natural gas
that originates from an oil and gas well site development or collection
of such wells operating as a midstream facility for delivery of natural
gas to a transmission pipeline, distribution pipeline, natural gas
processing plant, or underground storage field, including one or more
natural gas compressors, associated buildings, pipes, valves, tanks
and other equipment.
[Added 8-13-2014 by Ord.
No. 127]
A facility that is not a natural gas compressor station and
which is designed and constructed to remove materials and gases 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.
[Added 8-13-2014 by Ord.
No. 127]
The total floor area of a building designed for tenant occupancy,
excluding halls, corridors, stairwells, elevator shafts, equipment
rooms, restrooms, interior vehicular parking and loading areas and
other areas used in common by tenants of the building, expressed in
square feet and measured from the center line of joint partitions
and exteriors of outside walls.[8]
Any lot which does not comply with the applicable area and
bulk provisions of this chapter or an amendment hereafter enacted,
which lawfully existed prior to the enactment of this chapter or any
subsequent amendment.
A structure, or part of a structure, manifestly not designed
to comply with the applicable area, bulk or other provisions in this
chapter or an amendment hereafter enacted, which lawfully existed
prior to the enactment of this chapter or any subsequent amendment.
Such nonconforming structures include, but are not limited to, nonconforming
signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or an amendment
hereafter enacted, which lawfully existed prior to the enactment of
this chapter or any subsequent amendment.
All nontower WCFs, including, but not limited to, antennas
and related equipment. Nontower WCFs shall not include support structures
for antennas or any related equipment that is mounted to the ground
or at ground level.
[Added 12-20-2023 by Ord. No. 138]
A facility licensed by the Commonwealth of Pennsylvania designed
to provide daytime care and educational instruction for compensation
to children who are not related to the operator.
A facility licensed to operate as such by the Commonwealth
of Pennsylvania for the purpose of providing skilled or intermediate
nursing care and related medical or other health services.
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.
A paved area of a size specified by this chapter located
entirely outside any public street right-of-way which has direct access
via a driveway or access aisle to a public street.
The term includes the following: well location assessment,
including seismic operations, well site preparation, construction,
drilling, water or fluid storage operations, hydraulic fracturing
and site restoration associated with an oil and gas well of any depth.
The term includes conventional (vertical) and nonconventional (horizontal)
methods of drilling.
[Added 8-13-2014 by Ord.
No. 127]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment.
The Pennsylvania Department of Environmental Protection or
any successor agency or agencies.
A low wall projecting above the roof of a flat-roofed building,
usually as an extension of the side walls.
A lot or tract in single ownership or under single control.
An area utilized to meet the parking requirements of this
chapter, including the parking aisles that provide access to the parking
spaces, but not including any streets or driveways that provide access
to the parking lot.
A paved, at-grade open area without permanent covering, no
part of which is more than three feet above the surrounding ground
level.
The Pennsylvania Department of Transportation or any successor
agency or agencies.
A line parallel to the exterior property lines which form
the boundary of the site of a mobile home park or planned residential
development, the depth of which is the required distance specified
by this chapter and in which area no structures, streets (other than
crossings), stormwater detention facilities or parking are permitted,
but which may include landscaping, buffer yards, common open space,
and underground piping or lines for water, sewer, gas and electric
collection and/or distribution.
[Amended 3-20-2019 by Ord. No. 133]
A use authorized in a zoning district which is subject to
review and approval by the Zoning Officer for compliance with all
applicable requirements of the zoning district in which it is located.
A facility licensed by the commonwealth located within a
dwelling 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 in such matters as
bathing, dressing, diet and medication prescribed for self-administration
for a period exceeding 24 hours, but who are not in need of hospitalization
or skilled or intermediate nursing care.
Any enterprise providing services pertaining to the person,
their apparel, or personal effects commonly carried on or about the
person, including, but not limited to, shoe repair, tailoring, clothes
cleaning, watch repairing, barbershops, beauty parlors and related
activities.
A retail establishment which does not exceed 10,000 square
feet of gross floor area and which primarily sells prescription drugs,
patent medicines, surgical and sickroom supplies.
An establishment or part thereof used to test concepts and
ideas, determine physical layouts, material flows and processes, types
of equipment required, costs and other information necessary prior
to undertaking full-scale production.
A public or private lot of land, building or structure that
is designed for the assembly or collection of persons, for civic,
political, religious, educational, social purposes and where recreation,
amusement or dining occur as accessory activities.
An institution of any denomination where people regularly
observe, practice or participate in religious or spiritual services,
meetings and/or activities.
An industrial development which is under single ownership
and control at the time of an application for development and which
is planned and developed as a single unit wherein several buildings
or lots utilize a common means of access and may share other common
facilities, such as parking and signs.
An area of land controlled by a single landowner and developed
as a single entity for a number of dwellings or a combination of residential
and nonresidential uses, the plan for which does not necessarily correspond
in lot size, bulk, type of dwelling unit or use, density or intensity,
lot coverage or required open space to any one district in this chapter.
A site under single ownership and control which is developed
as a unit for two or more retail establishments in one or more buildings
and designed so that parking, loading and access facilities are shared.
The Middlesex Township Planning Commission, Butler County,
Pennsylvania.
A permanent structure attached to a principal building which
is covered by a roof, but which is not enclosed by complete side walls.
The building or buildings on a lot in which the principal
use or uses are conducted.
The structure or structures in which the principal use or
uses are conducted.
The primary or predominant use of any lot or structure.
The keeping of horses and/or ponies for the personal use
of the residents of a lot, not including any profit-making activities.
See "street, private."
All or part of the boundary describing the limits of a property.
Owned, operated or controlled by a government agency, federal,
state, county or local.
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
A forum held pursuant to notice under Chapter 7 of Title 65 Pa. C.S.A.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more the 30 days and the second publication shall not
be less than seven days from the date of the hearing.[9]
See "street, public."
Any person or corporation now or hereafter owning
or operating in this commonwealth equipment or facilities for:
Producing, generating, transmitting, distributing
or furnishing natural or artificial gas, electricity or steam for
the production of light, heat or power to or for the public for compensation.
Diverting, developing, pumping, impounding,
distributing or furnishing water to or for the public for compensation.
Transporting passengers or property as a common
carrier.
Use as a canal, turnpike, tunnel, bridge, wharf
and the like for the public for compensation.
Transporting or conveying natural or artificial
gas, crude oil, gasoline or petroleum products, materials for refrigeration,
or oxygen or nitrogen or other fluid substance by pipeline or conduit
for the public for compensation.
Sewage collection, treatment or disposal for
the public for compensation.
Conveying or transmitting messages or communications,
except as excluded below, by telephone, telegraph or domestic public
land mobile radio service, including, but not limited to, point-to-point
microwave radio service for the public for compensation.
The term "public utility" shall not include
any of the following:
Any person or corporation, not otherwise a public
utility, who or which furnishes services only to himself or itself.
Any bona fide cooperative association which
furnishes service only to its stockholders or members on a nonprofit
basis.
Any producer of natural gas not engaged in distributing
such gas directly to the public for compensation.
Any person or corporation, not otherwise a public
utility, who or which furnishes mobile domestic cellular radio telecommunications
service.
Any administrative, maintenance, storage or service building
operated by a public utility.
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, motor homes, tent
trailers, boats, boat trailers, pickup truck or van campers and horse
trailers, but not including mobile homes.[10]
An enterprise operated by the Township, county, or state,
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.
[Amended 12-20-2023 by Ord. No. 138[11]]
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
either indoor or outdoor facilities for the pursuit of sports, recreation
and 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, fitness clubs,
swimming pools and similar facilities.
[Added 12-20-2023 by Ord. No. 138]
Reconsideration after a specified period of time by the Township
Supervisors or the Zoning Hearing Board of an application or appeal
previously not decided in favor of the applicant, but resubmitted
because of changed circumstances or new information affecting the
original application or appeal.
Any method, process, or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy, and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
[Added 12-20-2023 by Ord. No. 138]
The number of off-street parking spaces specified by this
chapter to be provided to accommodate the specific use of the property.
Any establishment which 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 which may include pilot manufacturing, as defined by this chapter,
as an accessory use.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste which is generated
off site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts organic fraction of municipal waste to usable energy and
any chemical or biological process that converts municipal waste into
a fuel product.
An establishment whose principal business is the sale of
foods, desserts or beverages to customers in a ready-to-eat state,
including but not limited to conventional or fast-food restaurants.
A business establishment located entirely within an enclosed
building which sells goods, services or merchandise to the general
public for personal, household or office consumption and which shall
not include wholesaling, manufacturing or processing of the goods
offered for sale
An area of land reserved or dedicated for public purposes
to provide access across private property.
A male adult chicken.
[Added 12-20-2023 by Ord. No. 138]
A place of instruction operated by a public or religious
organization, having regular sessions, with regularly employed instructors
and meeting all of the requirements of the Pennsylvania Department
of Education for providing primary, secondary, vocational or postsecondary
education. This definition shall not include privately operated, commercial
schools of trade, vocation, avocation or business.
Any activity that is operated for the benefit of a membership
or a group on a nonprofit basis, but which may utilize public funds
to finance part of its operation.
See "automobile service station."
Patently offensive representations or descriptions of human
genitals in a state of sexual arousal or stimulation, 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 fondling or other erotic
touching of a person's clothed or unclothed genitals, pubic area,
buttocks or, if such person be female, breasts.
A dwelling in which the owner rents any area of the dwelling
to one (1) or more individuals for compensation or a fee, including
offer of exchange in kind, of any type (whether or not involving overnight
accommodations or separate sleeping quarters) for less than 30 consecutive
days. This definition applies to all types of residential dwellings,
including but not limited to single-family detached residential, two-family
residential, multifamily residential, and residential properties commonly
considered as seasonal homes, vacation homes, or tourist homes.
[Added 12-20-2023 by Ord. No. 138]
Any structure or device used to attract attention by word
or graphic display.
See "surface area of sign."
The original tract of land which exists prior to any subdivision
activity and which is the subject of a preliminary application for
development, as defined by the Township Subdivision and Land Development
Ordinance.[12]
The total area of all lots, rights-of-way, easements, open
space and other features contained within the boundaries of a site.
The equipment and network components, including antennas,
transmitters, and receivers, used by a wireless provider that meets
the following requirements:
[Added 12-20-2023 by Ord. No. 138]
Each antenna associated with the deployment is no more than
three (3) cubic feet in volume.
The volume of all other equipment associated with the wireless
facility, whether ground-mounted or pole-mounted, is cumulatively
no more than 28 cubic feet. Any equipment used solely for the concealment
of the small wireless facility shall not be included in the calculation
of equipment volume under this subsection.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
[Added 12-20-2023 by Ord. No. 138]
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy. Large solar energy production facilities consist
of one (1) or more freestanding ground- or roof-mounted solar collector
devices, solar-related equipment and other accessory structures and
buildings, including light reflectors, concentrators, and heat exchangers,
substations, electrical infrastructure, transmission lines, and other
appurtenant structures and facilities. A facility is considered a
large solar energy production facility if it supplies electrical or
thermal power solely for off-site use.
[Added 12-20-2023 by Ord. No. 138]
A solar collection system consisting of one (1) or more roof-
and/or ground-mounted solar collector devices and solar-related equipment
and is intended to primarily reduce on-site consumption of utility
power. A system is considered a small solar energy system only if
it supplies electrical or thermal power solely for on-site use, except
that when a property upon which the facility is installed also receives
electrical power supplied by a utility company, excess electrical
power generated and not presently needed for on-site use may be used
by the utility company.
[Added 12-20-2023 by Ord.
No. 138]
Items, including a solar photovoltaic cell, panel, or array,
or solar hot air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing, and possibly foundations, used for or
intended to be used for collection of solar energy.
[Added 12-20-2023 by Ord. No. 138]
See "use by special exception."
Human genitals, pubic regions, buttocks, female breast below
a point immediately above the top of the areola or human male genitals
in a discernibly turgid state, even if completely or opaquely covered.
Camouflaging methods applied to wireless communications towers,
antennas, and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 12-20-2023 by Ord. No. 138]
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, including basements.
All land between right-of-way lines, whether public or private
and whether improved or unimproved, which is intended to accommodate
vehicular traffic, including an avenue, drive, boulevard, highway
road, freeway, parkway, lane, viaduct or other vehicular way.
A street, including the entire private right-of-way, which
is privately owned and maintained through private agreement and which
is intended for private use of the adjoining property owners and their
customers and/or invited guests.
A street, including the entire public right-of-way, which
has been dedicated to and accepted by the Township or which has been
devoted to public use by legal mapping, use or other means.
Any change in the support members of a building such as bearing
walls, columns, beams, or girders; changes in the means of ingress
and/or egress; enlargement of floor area or height of a structure;
or relocation of a structure from one 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.
The Middlesex Township Subdivision and Land Development Ordinance.[13]
The Board of Supervisors of the Township of Middlesex, Butler
County, Pennsylvania.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
That area enclosed by one continuous line, connecting the
extreme points or edges of a sign. The area shall be determined using
the largest sign area or silhouette visible at any one time from any
one point. This area shall not include the main supporting sign structure,
but all other ornamental attachments, inner connecting links, etc.,
which are not part of the main supports of the sign shall be included
in determining the surface area of a sign. For two-sided signs, only
one face is counted in computing the surface area.
A professional licensed as such in the Commonwealth of Pennsylvania.
A room, place or portion of a winery, brewery, or distillery
designated for the sampling or tasting of agricultural products grown,
produced, or processed on-site, including wine or wine products, by
members of the public. This shall refer to a stand-alone facility,
located away from the winery, brewery, or distillery.
[Added 12-20-2023 by Ord. No. 138]
Any business or part thereof, subject to all applicable county
and/or state health and licensing requirements, where the piercing
of skin related to tattooing and/or jewelry/metal is performed for
artistic and/or recreational purposes.
Any use in which the primary purpose is the sale of alcoholic
beverages for on-premises consumption, which may or may not include
dancing. Taverns may include prepared food sales, but such prepared
foods are typically accessory or incidental to the primary purpose
as a tavern. See also "brewpub."
[Added 12-20-2023 by Ord. No. 138]
A building, structure or land use activity intended to be
active or operated for a period of six months or less, including but
not limited to construction or land sales trailers, tents, bleachers,
air-supported structures, seasonal displays and similar structures.
Approval prerequisite to final approval of a planned residential development granted by the Board of Supervisors in accordance with Article XI of this chapter.
An establishment, other than an adult movie theater or movie
house, inside a completely enclosed building devoted to showing pictures
and/or live dramatic or musical performances.
The cutting down and removal of trees and logs to be converted
to any forest product or for sale to others or for other purposes.
Timber harvesting shall not include the removal of dead or diseased
trees or a homeowner cutting on his own property for his own use.
[Added 12-20-2023 by Ord. No. 138]
Any individual, partnership, company, firm, association,
or corporation engaged in timber harvesting, including agents, subcontractors,
and employees thereof.
[Added 12-20-2023 by Ord. No. 138]
Any lot or parcel on which communications facilities, as
defined herein, are located or proposed to be located.
A structure that is used for the purpose of supporting one
(1) or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles, and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 12-20-2023 by Ord. No. 138]
See "dwelling."
The Township of Middlesex, Butler County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, with training and experience in civil engineering,
duly appointed by the Township Supervisors to serve as the engineer
for the Township.
See "supervisors."
A study, provided in letter or report format and prepared
by a professional engineer, that provides a review of existing conditions
and the effects of a proposed development or land use on site access
and circulation as well as new trips on roadways and intersections.
[Added 12-20-2023 by Ord. No. 138]
A facility licensed by the Pennsylvania Department of Environmental
Resources (PADER) which receives and temporarily stores solid waste
at a location other than the generation site, and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing and disposal.
A dwelling unit occupied on a short term basis by persons
assigned by a court of law, or public or semipublic 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 re-entry services
following incarceration or other court-ordered treatment, and other
such short-term supervised assignments.
A facility to accommodate the service, repair and storage
of trucks and other motorized equipment and trailers, and which may
incidentally provide warehousing activities and transfer facilities.
Ground surface which has not been altered in connection with
grading for construction nor previously altered for a period of at
least two years prior to such grading.
Any activity, business or purpose for which any lot or structure
is utilized.
Exception: An authorized use which may be granted only by
the Zoning Hearing Board in accordance with express standards and
criteria specified in this chapter after public hearing.
A departure from the strict letter of the Zoning Ordinance,
as it applies to specific properties, as authorized by the Zoning
Hearing Board in accordance with the terms of this chapter and the
Pennsylvania Municipalities Planning Code.
A building, or part thereof, used for the servicing and repairing
of motor vehicles, including engine overhaul, body work and repairing/retreading
of tires and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside an enclosed building.
A retail establishment which may include one or more of the
following: an open area, other than a street, for the display and
sale of new or used automobiles and light-duty trucks; buildings which
may contain offices and showrooms; an area within a completely enclosed
building where reconditioning, preparation, accessory installation,
repairs and/or servicing of such vehicles may be performed.
The storage and handling of freight or merchandise, but not
including the maintenance or fueling of commercial vehicles.
For the purposes of this chapter, waterfowl shall include
any domestic breed of duck or goose.
[Added 12-20-2023 by Ord. No. 138]
A business primarily engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, which includes the
warehousing of merchandise and which may include distribution of such
merchandise on the site of the principal business.
A wind-driven, direct-current generator used for charging
storage batteries.
[Added 12-20-2023 by Ord. No. 138]
A device such as a wind charger, wind turbine or windmill,
and/or other electric generation facility whose main purpose is to
convert wind power into another form of energy such as electricity
or heat, consisting of one (1) or more wind turbine and other structures
and buildings, including substations, meteorological towers, electrical
infrastructure, transmission lines, and other appurtenant structures
and facilities.
[Added 12-20-2023 by Ord. No. 138]
An electric generating facility, with the purpose of electricity
supply, consisting of one (1) or more wind turbines and other ancillary
associated buildings and structures, including substations, meteorological
towers, electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
[Added 12-20-2023 by Ord. No. 138]
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, and is intended
to primarily reduce on-site consumption of utility power. A system
is considered a small wind energy system only if it supplies electrical
power solely for on-site use, except that when a parcel on which the
system is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company.
[Added 12-20-2023 by Ord. No. 138]
A device that converts wind energy into electricity through
the use of a wind turbine generator, and includes the nacelle, rotor,
tower, and pad transformer, if any.
[Added 12-20-2023 by Ord. No. 138]
A device that runs on the energy generated by a wheel of
adjustable blades or slats rotated by the wind.
[Added 12-20-2023 by Ord. No. 138]
An area devoted to the growing of grapes or other fruit and
the process of fermenting the product into wine. Wineries shall also
include the structures or areas provided for the tasting or sale of
the wine so long as such areas are on the same site as the products
grown.
[Added 12-20-2023 by Ord. No. 138]
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 12-20-2023 by Ord. No. 138]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 12-20-2023 by Ord. No. 138]
Any person that applies for a wireless communication facility
building permit, zoning approval, and/or permission to use the public
ROW or other Township-owned land or property.
[Added 12-20-2023 by Ord. No. 138]
A freestanding structure, such as a tower-based WCF or any
other support structure that could support the placement or installation
of a WCF, if approved by the Township.
[Added 12-20-2023 by Ord. No. 138]
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or nontower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 12-20-2023 by Ord. No. 138]
A required open space located on a lot which is unobstructed
by any portion of a principal structure other than certain projections
expressly permitted by this chapter.
A yard extending across the full lot width and abutting the
front lot line. The depth measurement required by this chapter for
the front yard shall be the horizontal distance between the front
lot line and a line parallel or concentric thereto known as the "building
line."
A yard extending across the width of the lot between the
side yards and adjoining the rear lot line. The minimum depth measurement
required by this chapter shall be the horizontal distance between
the rear lot line and a line parallel thereto.
A yard extending between the building line and the rear yard
line parallel to the side lot line. The minimum width measurement
required by this chapter shall be the horizontal distance between
the side lot line and a line parallel thereto.
The zoning district designation assigned to a particular
property shown on the Zoning District Map.
Administrative areas within the Township designating the
uses to which land can legally be utilize and within which are specified
a uniform set of controls and for which the boundaries are shown on
the Zoning District Map.
A line on the Zoning District Map which separates one Zoning
District from another.
The official map delineating the Zoning Districts of Middlesex
Township, Butler County, Pennsylvania, together with all amendments
subsequently adopted incorporated as part of this chapter.
The Zoning Hearing Board of Middlesex Township, Butler County,
Pennsylvania.
The designated official or an authorized representative appointed
by the Supervisors whose duty it shall be to administer this chapter.
[1]
Editor's Note: See 47 P.S. § 1-101 et seq.
[2]
Editor's Note: The former definition of "commercial recreation,"
which immediately followed this definition, was repealed 12-20-2023 by Ord. No.
138.
[3]
Editor's Note: See 47 P.S. § 1-101 et seq.
[4]
Editor's Note: See 75 P.S. § 4101
et seq.
[5]
Editor's Note: See 53 P.S. § 10503(1.1).
[7]
Editor's Note: See Pa C.S.A. § 5601
et seq.
[8]
Editor's Note: The former definition of "noncommercial recreation,"
which immediately followed this definition, was repealed 12-20-2023 by Ord. No.
138.
[9]
Editor's Note: The former definition of "public recreation,"
which immediately followed this definition, was repealed 12-20-2023 by Ord. No.
138.
[10]
Editor's Note: The former definition of "recreation, commercial,"
which immediately followed this definition, was repealed 12-20-2023 by Ord. No.
138,
[11]
Editor's Note: This ordinance also repealed the former definitions
of "recreation, noncommercial" and "recreation, public," which immediately
followed this definition.
