For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
"Used" or "occupied," as applied to any land or building, include
the words "intended, arranged, or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but is not mandatory.
"Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
Unless stated otherwise, the singular shall also regulate the plural,
and the masculine shall include the feminine, and vice versa.
F.
If a word or term is not defined by this chapter, but is defined in Chapter 253, Subdivision and Land Development (SALDO), then the SALDO definition shall apply. If a word or term is not defined in this chapter nor the SALDO, then the word or term shall have its plain and ordinary meaning within the context of the section. A standard reference dictionary should be consulted.
G.
The words "such as," "includes," "including" and "specifically" shall
provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.
The word "person" includes a firm, company, corporation, partnership,
trust, organization or association, as well as an individual.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street, public alley open
to traffic, or a perennial waterway. See definition of "adjacent."
An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth.
[Added 3-8-2017 by Ord.
No. 2017-3]
An improved surface that provides for vehicle access from
a street or private road to a lot, premises or service area.
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other. This definition
shall not affect submission requirements in the SALDO.[1]
A type of adult bookstore that features persons viewing coin-
or token-operated videos that emphasize specified sexual activities.
Shall have the same meaning as "adult cabaret"; a use including
live entertainment involving persons (which may include, but not be
limited to, waiters, waitresses, dancers, clerks, bartenders, contractors
or others) displaying uncovered male or female genitals or nude or
almost nude female breasts or engaging in simulated or actual specified
sexual activities to three or more persons and which is related to
monetary compensation paid to the person or entity operating the use
or to persons involved in such activity.
A use involving the on-site presentation to five or more
persons at one time of moving images, distinguished by an emphasis
on depiction of specified sexual activities, and that is related to
monetary compensation paid by the persons viewing such matter.
A use that has over 10% of the total floor area occupied
by items for sale or rent that are books, films, magazines, videos,
coin- or token-operated machines, paraphernalia, novelties or other
periodicals which are distinguished or characterized by a clear emphasis
on matter depicting, displaying, describing or relating to uncovered
male or female genitals or specified sexual activities. This shall
include but not be limited to materials that would be illegal to sell
to persons under age 18 under state law. If such items are within
a separate room, then the ten-percent standard shall apply to the
floor area of such room.
Adult store, adult movie theater, or adult live entertainment facility/use. These terms shall be distinct types of uses and shall not be allowed as part of any other use. See also Chapter 90, Adult Uses, of the Codified Ordinances of Swatara Township.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
The cultivation of the soil, the raising and harvesting of
crops, horticulture, plant or tree nursery or raising of livestock.
An area and related support facilities used for the landing
and takeoff of motorized aircraft that carry people. A "public airport"
shall be an airport that does not meet the definition of a "private
airport." A private airport shall be limited to a maximum of 15 total
landings and takeoffs in any seven-day period and shall not be available
for use by the general public.
A public thoroughfare other than a side street which affords
only a secondary means of access to abutting property and is not intended
for general traffic circulation.
A place used for the burial of the remains of five or more
noncremated animals, other than customary burial of farm animals as
accessory to a livestock use.
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 below.
[Amended 6-8-2016 by Ord.
No. 2016-5[2]]
See "dwelling types."
The definition in the Pennsylvania Municipalities Planning
Code, as amended, shall apply.[3]
The total enclosed area taken on a horizontal plane at the
main grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and exterior steps.
See "lot area."
Coordinated and centrally managed rental housing, including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 295-47.
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical work or bodywork, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include activity meeting the definition of a "truck stop." See requirements in § 295-48.
An area where gasoline is dispensed into motor vehicles and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in § 295-49.
An enclosed floor area partly or wholly underground. A basement
shall be considered a story if the majority of the basement has a
clearance from floor to ceiling of 6.5 feet or greater and the top
of the ceiling of the basement is an average of five or more feet
above the finished grade along the majority of the front side of the
building that faces onto a street.
A dwelling and/or its accessory structure, which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, that meets the maximum number of overnight guests specified in § 295-50 for this use and which does not provide any cooking facilities for actual use by guests and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their families. See requirements in § 295-50.
A place used for lawful gambling activities, including but
not limited to off-track pari-mutuel betting and any use of electronic
gambling devices. This term shall not regulate state lottery sales
or lawful small games of chance.
See "sign, off-premises."
A residential use in which room(s) that do not meet the definition
of a "lawful dwelling unit" are rented for habitation or a dwelling
unit includes greater than the permitted maximum number of unrelated
persons. A boardinghouse shall not include a use that meets the definition
of a "hotel," "dormitory," "motel," "life care center," "personal
care center," "bed-and-breakfast inn," "group home" or "nursing home."
A college fraternity or sorority house used as a residence shall be
considered a type of boardinghouse. A boardinghouse may either involve
or not involve the providing of meals to residents, but shall not
include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boardinghouse shall primarily
serve persons residing on site for five or more consecutive days.
A strip of land that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 295-123.
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under the roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
The percentage obtained by dividing the total horizontal
area covered by all buildings on a lot by the total lot area of a
lot. For the purposes of this definition, "building coverage" shall
include all buildings that are under a roof.
The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and the lowest point of the roof, but not including exempted structures as provided in § 295-122. However, for a structure with a floor area of less than 1,000 square feet that is accessory to a dwelling, the maximum height shall be measured from the average grade at the front of the structure to the top of the roof.
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
The line that shows the minimum distance that a building
can be placed from a lot line, street right-of-way or other feature.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
An area that includes facilities and structures for primarily
outdoor recreational activities by organized groups and/or that involves
overnight stays within seasonal cabins or temporary tents by organized
groups and/or transient visitors to the area. This term shall only
include facilities that are primarily used during warmer months and
which have a maximum impervious coverage of 5%. This term shall not
include a recreational vehicle campground.
A development under single ownership of the land, with sites
being rented, leased or sold through time-share for use for tents,
or recreational vehicle sites for transient visitors to the area,
and which may include accessory recreational facilities.
A type of campground that involves persons temporarily living
within recreational vehicles.
The individual designated by a patient to deliver medical
marijuana.
[Added 3-8-2017 by Ord.
No. 2017-3]
A structure covered with a roof that is open on two or more
sides and is attached to or used in conjunction with a dwelling for
the storage of private motor vehicles.
A place used for the burial of two or more noncremated humans.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the Commonwealth.
[Added 3-8-2017 by Ord.
No. 2017-3]
The Swatara Township Zoning Ordinance, including the Official Zoning Map,[4] as amended.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale during November and December of trees that were produced on the
premises.
See "place of worship."
A logging method that removes all trees or the vast majority
of trees from a mostly wooded area.[5]
An entity that:
[Added 3-8-2017 by Ord.
No. 2017-3]
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or on any structure that already supports
at least one non-tower WCF.
[Added 6-8-2016 by Ord.
No. 2016-5]
The C-L and C-G Zoning Districts.
This term includes but is not limited to retail sales, offices,
personal services, auto sales, auto repair garages and other uses
of a similar profit-making nonindustrial nature. The sale of goods
or services from a vehicle on a lot shall also be considered to be
a commercial use.
See "open space, common or preserved."
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups and which does
not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons as accessory to leisure activities.
This shall not include residential uses or a treatment center.
The latest adopted Comprehensive Plan of Swatara Township,
as amended.
A set of individual dwelling units or other areas of buildings,
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned
Community Act of 1996, as amended.[6]
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
Adjacent parcels of land, including parcels separated by
only a stream or a railroad.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 6,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
Development that is not approved under the open space development
provisions of this chapter.
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided the requirements for such use are met.
A facility utilized for the cremation of human remains.
[Added 5-2-2018 by Ord.
No. 2018-3]
The raising of products of the soil and accessory storage
of these products. This term shall include orchards, tree farms, wineries,
plant nurseries, raising of fish, greenhouses and keeping of animals
in numbers that are routinely accessory and incidental to a principal
crop farming use. See also "livestock, raising of."
A process provided in the Pennsylvania Municipalities Planning
Code[7] that permits a municipality to address the potential invalidity
of portions or all of its own zoning ordinance.
A use providing supervised care and assistance to persons
who need such daily assistance because of their old age or disabilities.
This use shall not include persons who need oversight because of behavior
that is criminal, violent or related to substance abuse. This use
may involve occasional overnight stays, but shall not primarily be
a residential use. The use shall involve typical stays of less than
a total of 60 hours per week per person.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods
of less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a nursery school or Head Start programs. See
also the definition of "adult day-care center."
The following three types of day care are permitted without
regulation by this chapter:
FAMILY DAY-CARE HOME OR CHILD DAY CARE AS AN ACCESSORY USEA type of day-care use that is accessory to and occurs within a dwelling unit and provides care for four to six children at one time who are not relatives of the primary caregiver. See § 295-96.
GROUP DAY-CARE HOMEA type of day-care use that provides care for between seven and 12 children at one time who are not relatives of the primary caregiver, provides care within a dwelling unit, and is registered with the applicable state agency.*
CHILD DAY-CARE CENTERA type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary caregiver, does not meet the definition of a "group day-care home," and is registered with the applicable state agency.* See § 295-57.
|
*
|
NOTE: As of the adoption date of this chapter,
such agency was the Pennsylvania Department of Public Welfare.
|
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
to dispense medical marijuana.
[Added 3-8-2017 by Ord.
No. 2017-3]
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 6-8-2016 by Ord.
No. 2016-5]
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A building used as living quarters for the exclusive use
of bona fide full-time faculty or students of an accredited college
or university or primary or secondary school and which is owned by
and on the same lot as such college, university or school.
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home."
This chapter categorizes dwellings into the following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of § 295-121.
APARTMENTSTwo or more dwelling units within a building that do not meet the definition of a "single-family detached dwelling," "twin dwelling" or "townhouse/row house." The individual dwelling units may be leased or sold for condominium ownership. Such dwelling units are typically located on different floors above each other.
TWO-FAMILY DETACHED DWELLING or DUPLEXA detached building that only includes two dwelling units and which is considered a type of apartments and which does not meet the definition of a "twin dwelling."
SECTIONAL OR MODULAR HOMEA type of dwelling that meets the definition of "single-family detached dwelling," "single-family semidetached dwelling," "townhouse" or "low-rise apartment," that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, that does not meet the definition of a "mobile/manufactured home," that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
A type of single-family detached dwelling that meets all of
the following requirements:
It is transportable in a single piece, or two substantial pieces
designed to be joined into one integral unit capable of again being
separated for towing;
It is designed for permanent occupancy;
It arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
It is constructed so that it may be used with or without a permanent
foundation; and
It is not a recreation vehicle.
The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "sectional home," which is defined above. See standards in § 295-72.
TWIN DWELLING UNIT or SEMIDETACHED DWELLINGOne dwelling unit accommodating one family that is attached to and completely separated by a vertical, unpierced, fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSE or ROW HOUSEOne dwelling unit that is attached to two or more dwelling units, with each dwelling unit being completely separated from and attached to each other by unpierced, vertical, fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 295-91.
 |
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have its own
toilet, bath or shower, sink, sleeping and cooking facilities and
separate access to the outside or to a common hallway or balcony that
connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another; or two
separate and distinct sets of kitchen facilities, except as may be
approved for a unit for care of a relative.
A condition that:
[Added 6-8-2016 by Ord.
No. 2016-5]
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This use may
include housing for emergency personnel while on call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
[Added 3-11-2015 by Ord. No. 2015-6]
A shopping center that has a leasable floor area of in excess
of 600,000 square feet with:
A mix of retail, restaurant, entertainment, office, medical/dental
office/clinic, financial, and/or similar compatible commercial establishment
uses as allowed in the underlying zoning district, but with not more
than half of the leasable floor area of the shopping center used for
offices or medical/dental office/clinic uses; and
A minimum of 340,000 square feet of gross floor area that is
part of the enclosed configuration.
The enclosed regional mall complex must be part of an integrated
development exceeding 50 acres of land that is planned with common
parking areas. It may include more than one deed lot only if the lots
are subject to permanent cross easements or other appropriate restrictive
covenants ensuring common parking and all such lots comprising the
development are contiguous.
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary and
appropriate to the character of the area in which they are to be located.
Essential services shall include the following and closely similar
facilities: sanitary sewage lines, waterlines, electric distribution
lines, stormwater management facilities, cable television lines, natural
gas distribution lines, fire hydrants, streetlights and traffic signals.
Essential services shall not include a central sewage treatment plant,
a solid waste disposal area or facility, commercial communications
towers, a power-generating station, septic or sludge disposal, offices,
storage of trucks or equipment or bulk storage of materials.
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to three unrelated individuals who maintain a common household and live within one dwelling unit. A "family" shall also expressly include numbers of unrelated persons, provided by the group home provisions of § 295-62, residing within a licensed group home, as defined herein. Through those provisions and § 295-13D(5), the Township's intent is to comply with the Federal Fair Housing Act,[8] as amended.
Federal Communications Commission.
[Added 6-8-2016 by Ord.
No. 2016-5]
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a wall. See § 295-96.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
See definitions of this term and related terms in Chapter 156, Floodplain Management.
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. "Floor area" shall specifically include, but
not be limited to, fully enclosed porches and basement or cellar or
attic space that is potentially habitable and has a minimum head clearance
of at least 6.5 feet. "Floor area" shall not include unenclosed structures.
Managing and using, for human benefit, forestlands and natural
resources that occur on and in association with forestlands, including
trees, other plants, animals, soil and water. This term includes,
but is not limited to, the planting, cultivating, harvesting, transporting
and selling of trees for commercial purposes which does not involve
any land development.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 3-8-2017 by Ord.
No. 2017-3]
An establishment conducting embalming and cremation activities
which may include the viewing of the deceased and ceremonies connected
therewith prior to burial or cremation, but not including cemeteries,
columbariums, mausoleums, and entombments. A funeral home may include
a crematorium.
[Added 5-2-2018 by Ord.
No. 2018-3]
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 295-96.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 295-103.
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose and which is not owned by Swatara Township. This term shall not include uses listed separately in the table of uses in Article III, such as publicly owned recreation. This term shall not include a prison.
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the persons served
due to age or emotional, mental, developmental or physical disability.
This definition shall expressly include facilities for the supervised
care of persons with disabilities subject to protection under the
Federal Fair Housing Act,[9] as amended. Group homes must be licensed where required
by any appropriate government agencies, and a copy of any such license
must be delivered to the Zoning Officer prior to the initiation of
the use.
Group homes shall be subject to the same limitations and regulations
by the Township as the type of dwelling unit they occupy.
It is the express intent of the Township to comply with all
provisions of the Federal Fair Housing Act, as amended, and regulations
promulgated thereunder, in the construction of this term.
A group home shall not include a treatment center.
See standards in § 295-62.
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*
|
NOTE: The Federal Fair Housing Amendments Act defined
"handicap" as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2)
a record of having such an impairment, or 3) being regarded as having
such an impairment, but such term does not include current, illegal
use of or addiction to a controlled substance as defined in Section
802 of Title 21." This definition was subsequently adjusted by Section
512 of the Americans With Disabilities Act to address certain situations
related to substance abuse treatment.
|
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
[Added 3-8-2017 by Ord.
No. 2017-3]
A product or waste or combination of substances that, because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment, which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to, materials which are included on the latest edition
of one or more of the following lists:
Hazardous substances included on the list of extremely hazardous
substances in 40 CFR Part 355, or its successor provisions, and that
are stored or used in quantities above the threshold reportable limits
in such regulations.
See "building height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Article VII, Signs.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 6-8-2016 by Ord.
No. 2016-5]
An area used for the takeoff and landing of helicopters,
and related support facilities. A private heliport shall be limited
to 15 total takeoffs and landings in any seven-day period and is not
open to the general public. A public heliport is one that does not
meet the definition of a "private heliport."
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 295-96. A "light home occupation" shall be a home occupation that meets the additional requirements for a light home occupation stated in § 295-96. A "general home occupation" shall be a home occupation that does not meet the requirements for a light home occupation. (NOTE: In most cases, in a residential district under § 295-28, a light home occupation is permitted by right, while a general home occupation typically needs special exception approval from the Zoning Hearing Board.)
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an office. A hospital may involve care
and rehabilitation for medical, dental or mental health, but shall
not primarily include housing or treatment of the criminally insane
or persons actively serving an official sentence after being convicted
of a felony. A hospital may also involve medical research and training
for health care professionals.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters for visitors to
the area. Any such use that customarily involves the housing of persons
for periods of time longer than 120 days shall be considered a boardinghouse
and shall meet the requirements of that use, unless the use is specifically
approved by the Township as an extended stay hotel, in which case
individual rooms may include cooking facilities. See also "bed-and-breakfast"
use. A hotel or motel may also include a restaurant, meeting rooms,
nightclub, newsstand, gift shop, swim club or tavern, provided that
such use(s) is not the principal use of the property.
Land owned by an organized group of persons formed as a club
that is used for hunting, fishing and similar types of passive recreation
and which involves no buildings except those for the recreational,
lodging, eating and sanitary facilities for members and invited guests
and routinely accessory storage buildings.
A document issued by the DOH that permits access to medical
marijuana.
[Added 3-8-2017 by Ord.
No. 2017-3]
The percentage that results from dividing the land area on
a lot covered by all impervious surfaces by the total land area of
the lot. For the purposes of this chapter, "impervious surfaces" shall
be defined as areas covered by buildings, paving or concrete, or other
surfaces that have a runoff coefficient of 0.85 or greater. Areas
of stone regularly used for vehicle parking and movement shall be
considered impervious for the purposes of restricting impervious coverage
under this chapter.
For a townhouse development, the maximum impervious coverage
may be measured as a maximum for the entire development after completion,
after the deletion of street rights-of-way, as opposed to regulating
each individual townhouse lot.
If the maximum impervious coverage is regulated by both this
chapter and a stormwater ordinance, the more restrictive requirement
shall apply.
The M-L and M-G Zoning Districts.
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials. "Junk" shall not include
solid waste temporarily stored in an appropriate container that is
routinely awaiting imminent collection and proper disposal, toxic
substances, yard waste, or items clearly awaiting imminent recycling
at an appropriate location.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs;
Cannot be towed, in regards to a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis;
and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle. See also the definition of "unregistered
vehicle."
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
Junk (see definition) covering more than 1% of the lot area.
Two or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage within the requirements of § 295-48.
One or more mobile/manufactured homes that are not in a habitable
condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse.
A junkyard specifically shall include but not be limited to
a metal scrap yard or auto salvage yard.
The keeping of 11 or more dogs age six months or older, other
than a retail pet store.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner) or authorized officers of a partnership
or corporation that is a landowner.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, poultry or insects beyond the number and type allowed under § 295-96D(11), Keeping of pets, and beyond what is customarily incidental to a principal crop farming use. Raising of livestock or poultry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A lot may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
Areas within the existing legal rights-of-way of any proposed
or existing public streets or alleys or any proposed or existing commonly
maintained private streets that serve more than one lot. (NOTE: Other
sections of this chapter, such as townhouse provisions, may specifically
permit proposed streets to be included in determining density for
a specific use.)
Areas that are currently or will be required to be dedicated
as common open space on a separate lot. (NOTE: Other sections of this
chapter, such as townhouse provisions, may specifically permit proposed
common open space to be included in determining density for a specific
use.)
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets.
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing or proposed street right-of-way. For a corner lot, see § 295-123B.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot that might be allowed to have no street frontage (see § 295-121A), or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line. Every lot shall have a rear yard.
SIDE LOT LINEAny lot line other than a front or rear lot line.
See § 295-123B, which requires a second front yard on a corner lot.
 |
The horizontal distance between the side lot lines, measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall. Where a pie-shaped
lot fronts upon a cul-de-sac, the minimum lot width may be reduced
to 75% of the width that would otherwise be required.
The definition in Chapter 186, Massage Parlors, of the Codified Ordinances shall apply.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[12]
[Added 3-8-2017 by Ord.
No. 2017-3]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
[Added 3-8-2017 by Ord.
No. 2017-3]
A dispensary or a grower/processor of marijuana for medical
purposes.
[Added 3-8-2017 by Ord.
No. 2017-3]
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
"Mineral extraction" includes but is not limited to the extraction
of sand, gravel, topsoil, limestone, sandstone, oil, coal, natural
gas, clay, shale and iron ore. The routine movement of and replacement
of topsoil during construction shall not by itself be considered to
be mineral extraction.
See under "dwelling types."
A lot under single ownership which includes two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes and shall not be considered to be a mobile home park. See § 295-73.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 6-8-2016 by Ord.
No. 2016-5]
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate and carry persons or cargo on roads and that is powered by
mechanized means.
The Pennsylvania Municipalities Planning Code, as reenacted
and amended.[13]
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCFs
shall not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
[Added 6-8-2016 by Ord.
No. 2016-5]
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter or amendments hereinafter enacted.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such chapter or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 295-125.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 295-125.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 295-75.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
A parcel or parcels of land within a tract which meets all
of the following standards:
It is designed, intended and suitable for active or passive
recreation by residents of a development or the general public;
It is covered by a system that ensures perpetual maintenance,
if not intended to be publicly owned;
It will be deeded to the Township and/or deed restricted to
permanently prevent uses of land other than common/preserved open
space and noncommercial recreation or a golf course; and
It does not use any of the following areas to meet minimum open
space requirements:
Existing street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Township for agricultural
preservation);
Off-street parking (other than that clearly intended for noncommercial
recreation);
Area(s) needed to meet a requirement for an individual lot;
Land intended to be open to the public that does not have provisions
for entry with a twenty-foot minimum width by pedestrians from a street
open to the public or from an adjacent common open space area that
has access to such a street;
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves, to the satisfaction
of the Board of Commissioners, would be reasonably safe and useful
for active or passive recreation during the vast majority of weather
conditions;
Portions of land that have a width of less than 40 feet.
An optional type of residential development that meets the requirements of § 295-35 and which is approved as an open space development and which includes the preservation of a specified minimum of the total tract area as common open space. An open space development offers reduced lot sizes and more flexible dimensional requirements in return for the preservation of open space.
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement, unless
otherwise stated.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of this chapter. A nonconforming use shall not be considered to be
a permitted by right use, a special exception use or a conditional
use.
An assisted living facility.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. "Personal services"
include barbershops and beauty shops, photography studios, shoe repair
shops, household appliance repair shops, and other similar establishments,
but shall not include any adult uses, as herein defined.
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 295-96.
An area of open space and pavilions that is not publicly
owned and is used for group picnics and related outdoor recreation
and which is used on a commercial basis.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 295-79.
A principal structure which is also a building.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest or because a juvenile was classified as delinquent.
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public. Publicly owned recreation
is a distinct use from indoor recreation or outdoor recreation.
Notice required by the Pennsylvania Municipalities Planning
Code.[14] (NOTE: As of the adoption date of this chapter, for a
Zoning Hearing Board hearing or an amendment to this chapter, such
Act generally required a legal advertisement published once each week
for two successive weeks in a newspaper of general circulation in
the Township, which states the time and place of a meeting/hearing
and the particular nature of the matter to be considered. The first
publication shall not be more than 30 days and the second publication
not less than seven days from the meeting/hearing date.)
A use which is operated, owned or maintained by a public
utility corporation and regulated by the Pennsylvania Public Utility
Commission in accordance with the requirements of the Pennsylvania
Public Utility Code, 66 Pa.C.S.A. § 101 et seq., or which
is operated, owned or maintained by a municipality or a municipal
authority organized under the laws of the Commonwealth of Pennsylvania
to provide public water service, public sewer service, or similar
services.
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests.
INDOOR RECREATIONA type of recreation use that does not meet the definition of "outdoor recreation" and is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 295-28.
OUTDOOR RECREATIONA type of recreation use that has a total building coverage of less than 15% and is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by § 295-28, such as a firearms target range.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a Township-owned use or an emergency services station.
The registry established by the DOH for all medical marijuana
organizations and practitioners.
[Added 3-8-2017 by Ord.
No. 2017-3]
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more distant
cousins. See definition of "dwelling unit."
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 6-8-2016 by Ord.
No. 2016-5]
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, household storage shed, greenhouse, children's
playhouse or children's play equipment. No business shall be
conducted in a household garage or storage shed that is accessory
to a dwelling, except as may be allowed as a home occupation.
The C, A, R-S, R-M, R-ML and A-OG Zoning Districts.
The lot line of a lot that contains an existing primarily
residential use or is undeveloped and zoned as a residential district.
An establishment that sells ready-to-consume food or drink and
that routinely involves the consumption of at least a portion of such
food on the premises.
A restaurant may include the accessory sale of alcoholic beverages.
However, if such sale is a primary or substantial portion of the total
trade, the requirements of a tavern or nightclub, as applicable, must
be met.
See "drive-through service" in this section.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Township or the state presently owns or holds another interest in the land or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
See also "right-of-way, future or ultimate" in Chapter 253, Subdivision and Land Development.
See "boardinghouse."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools.
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 295-123D.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
A line separating a yard from the area within which a building
or use is allowed.
Sanitary sewage service to a building by a Township-approved
sewage collection and disposal system that serves five or more lots
and which includes an appropriate mechanism to ensure long-term professional
operation and maintenance of the system.
Sanitary sewage service to a building that does not meet
the definition of "central sewage service," such as, but not limited
to, an individual on-lot septic system.
Central sanitary sewage service by a system owned and/or
operated by a municipality or a municipal authority.
An area required to be kept free of certain visual obstructions to traffic. See § 295-123.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in Article VII. This shall not include displays that only involve symbols that are clearly and entirely religious in nature and which do not include advertising.
The square footage of display area of a sign, as measured under § 295-118.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
This term shall include one or more of the following activities:
An area where municipal solid waste and similar materials
are deposited on land, compacted, covered with soil and then compacted
again, and which has a permit from DEP to operate as a sanitary landfill.
An area where municipal solid waste and similar materials
are incinerated or otherwise processed to result in usable energy
for off-site use.
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 295-18.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
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 6-8-2016 by Ord.
No. 2016-5]
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of 6.5 feet or
greater shall be considered a full story, except as provided for in
the definition of "basement." Any level of a building having an average
vertical clearance from floor to ceiling of less than 6.5 feet shall
be considered a half story.
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably.
Chapter 253, Subdivision and Land Development, includes descriptions of different types of streets.
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
For the purposes of this chapter, utility poles, stormwater basins,
wells, paving and septic systems shall not be considered structures
and shall not be subject to minimum zoning setback requirements unless
stated otherwise.
The definition in Chapter 253, Subdivision and Land Development, shall apply.
Chapter 253, Subdivision and Land Development, as amended.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
[Added 6-8-2016 by Ord.
No. 2016-5]
For communications towers outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
communications towers in the rights-of-way, it increases the height
of the facility by more than 10% or 10 feet, whichever is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the WCF by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those communications towers in the public
rights-of-way, it protrudes from the edge of the structure by more
than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the communications tower unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 295-96.
A man-made area with walls of man-made materials intended
to enclose water at least 24 inches deep for bathing or swimming and
that does not meet the definition of a "household swimming pool."
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of an "after-hours club." The sale of food may also
occur. See also the definition of "restaurant."
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The outdoor storage of more than 50 used tires on a lot. See § 295-96D(10), Outdoor storage and display.
Any structure that is used for the purpose of supporting
one 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 6-8-2016 by Ord.
No. 2016-5]
See "dwelling types."
Swatara Township, Dauphin County, Pennsylvania.
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and does not primarily provide
state-required education to persons under age 16. Examples include
a dancing school, martial arts school, cosmetology school or ceramics
school.
A person involved with building trades, such as but not limited
to plumbing, electrical work, building construction, building remodeling,
and roofing.
A use (other than a prison or a hospital) providing housing
for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
See standards in § 295-92.
Also, a group home that exceeds the number of residents allowed by this chapter within a group home shall be regulated as a treatment center, unless approved otherwise under § 295-13D.
A facility, other than a state-licensed hospital, that serves
as a methadone treatment center shall also be regulated as a treatment
center.
An area and its related structures used as a base of operations
for multiple tractor-trailer trucks operated by a trucking company
or to transfer loads that are not owned by the trucking company between
tractor-trailer trucks. The facility may include accessory facilities
for the repair of trucks and sleeping and eating facilities for employees.
This use shall also include transfer of multiple containers from railroad
cars to tractor-trailers, and vice versa, as the primary use of the
property.
A dwelling unit that is especially created for and limited to occupancy by a close relative of the permanent residents of the principal dwelling unit, is necessary to provide needed care and supervision to such relative, and meets the requirements for such use in § 295-96.
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or alter land or structures in such
a way that compliance is not required with a specific requirement
of this chapter. Any variance shall only be granted within the limitations
of the Pennsylvania Municipalities Planning Code.[15] See § 295-13.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Water supply service to a building by a Township-approved
water supply system that serves 20 or more lots and which includes
an appropriate mechanism to ensure long-term professional operation
and maintenance of the system.
Water supply service to a building that does not meet the
definition of "central water service," such as but not limited to
an individual on-lot well.
Central water service by a system owned and/or operated by
a municipality or a municipal authority.
The Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 6-8-2016 by Ord.
No. 2016-5]
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 6-8-2016 by Ord.
No. 2016-5]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
[Added 6-8-2016 by Ord.
No. 2016-5]
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 6-8-2016 by Ord.
No. 2016-5]
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.
[Added 6-8-2016 by Ord.
No. 2016-5]
An area not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a "minimum setback." Each required yard shall be measured inward from the abutting lot line, existing street right-of-way or setback required from a street under § 295-29, whichever is most restrictive. Regulations of each district prohibit principal and accessory structures within the specified minimum yards.
A yard measured a distance from and running parallel to the front lot line, street right-of-way line or setback required by § 295-29, whichever is most restrictive. Such yard shall extend the full width of the lot, from side lot line to side lot line.
The front yard shall be on a side that faces towards a public street whenever one public street abuts the lot. If a lot abuts two streets and is not a corner lot, the front yard shall be whichever side is the predominant front yard for neighboring properties. If no side is predominant, then the applicant may choose which is the front yard. Minimum front yard widths are established by § 295-29.
See § 295-123 concerning yards along corner lots.
No accessory or principal structure shall extend into the required
front yard, except as provided in this chapter.
Every lot shall include at least one front lot line.
A yard extending the full width of the lot and which is measured
from along the rear line and which establishes the minimum setback
for the subject structure and which stretches between the side lot
lines parallel to the rear lot line.
A principal building shall not extend into the required rear
yard setback for a principal building, and an accessory structure
shall not extend into the required rear yard for an accessory structure,
except as provided in this chapter.
Every lot shall include a rear lot line and a rear yard.
A yard which establishes the minimum setback for the closest
portion of the subject structure and which is measured from along
the entire length of the side lot line and which extends from the
front setback line to the rear lot line.
A structure shall not extend into the applicable minimum side
yard setback, except as provided for in this chapter.
See corner lot provisions in § 295-123B.
A triangular lot shall include one side yard. All other lots
shall include at least two side yards, except for a corner lot.
The Official Zoning Map of Swatara Township, Dauphin County, Pennsylvania.[16]
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.
The Swatara Township Zoning Ordinance, as amended.
[2]
Editor's Note: This ordinance also provided for the repeal
of the definitions of "antenna height" and "antenna, standard," which
immeidately followed this definition.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[5]
Editor’s Note: The definition of “commercial communications
tower or antenna,” which immediately followed this definition,
was repealed 6-8-2016 by Ord. No. 2016-5.
[6]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and
68 Pa.C.S.A. § 5101 et seq., respectively.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[9]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[10]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[11]
Editor's Note: See 42 U.S.C. § 9601 et seq.
[12]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[13]
Editor's Note: See 53 P.S. § 10101 et seq.
[14]
Editor's Note: See 53 P.S. § 10101 et seq.
[15]
Editor's Note: See 53 P.S. § 10101 et seq.
[16]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
