Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this section.
Unless otherwise expressly stated, the following shall, for
the purposes of this chapter, be interpreted in the following manner:
A.
Words used in the present tense imply the future tense.
B.
Words used in the singular imply the plural.
C.
The word "person" includes a partnership, corporation, association,
company, or other entity as well as an individual.
D.
The word "shall" or "must" is to be interpreted as mandatory; the
word "may" as directory and complied with unless waived.
For the purposes of this chapter, the following words and phrases
have the meaning given herein:
A private drive, other than a driveway, which provides for
vehicular access between a street and a parking area, loading area,
drive-in service window or other facility on a property.
An area of land or other area used for a solar energy system
used to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for on-site
use. Ground-mounted or freestanding solar energy systems with an output
size of not greater than 10kw shall be considered accessory solar
energy systems. Roof-mounted solar energy systems on the roofs of
buildings on-site used primarily for on-site use shall have no limit
as to energy output. An accessory solar energy system consists of
one or more freestanding ground- or roof-mounted solar arrays or modules,
or solar-related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels.
[Added 4-1-2021 by Ord. No. 2020-07]
The net usable land area of a proposed development site,
determined by deducting specific percentages of various categories
of constrained land from the gross tract area as described in the
Franklin Township Zoning Ordinance.
An establishment open to the general public or a private
club open to members, except persons under the age of 18 years, which
is used and occupied for one or more of the following activities:
ADULT BOOKSTOREAn establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, videotape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale. An establishment in which less than 5% of the occupied sales area offers for sale, for rent or lease, for loan, or for view upon the premises, such items, as described above, shall not be regulated as an adult-oriented facility, provided that the items are kept out of public view and not sold to persons under 18 years of age.
ADULT CABARETAn establishment, club, tavern, restaurant, theater or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons, regardless of whether or not the same includes sexual conduct, but shall exclude licensed hospitals, licensed nursing homes, medical offices, and clinical offices.
ADULT THEATERA building, a room within a building or a portion of a building, used for presenting motion picture film, videotape, or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
A single-family detached dwelling unit that houses a person
whose primary work is in the field of agriculture and that may also
house that person's family. For the purpose of this definition, "that
person's family" means people who are related by blood, marriage or
adoption to the person and/or up to three unrelated people who live
with that person in a housekeeping relationship similar to people
who are related by blood, marriage or adoption.
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
A change which includes revisions to the zoning text and/or the Official Zoning Map. The authority for any amendment lies solely with the Board of Supervisors.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits, and birds or
fowl. Boarding of such animals shall be for medical or surgical treatment
only. All activities shall be conducted within a completely enclosed
building or structure.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
A living arrangement within a continuing care retirement
community that provides housing and support services for one or more
persons who may require assistance with daily living activities but
do not require twenty-four-hour skilled nursing and medical care.
Such assistance may include the provision of meals, housekeeping,
laundry, transportation, daily personal care, programmed social activities
and dispensing of medications.
A self-propelled motor vehicle designed for the conveyance
of persons or property requiring a registration plate by the Commonwealth
of Pennsylvania for operation upon public highways, including trucks,
motor homes and motorcycles.
A story having part, but not more than 1/2, of its height
below the average level of the adjoining ground. A basement shall
be considered as a story in determining compliance with building height
restrictions (compare, "cellar").
An owner-occupied single-family detached dwelling where rooms
are rented to overnight guests on a daily basis.
Any structure on a lot, having a roof supported by columns
or walls and intended for the shelter, housing or enclosure of persons,
animals or property (compare, "structure").
ACCESSORY BUILDINGA building subordinate to and detached from the principal building on the same lot and used for purposes customarily incidental to the principal building.
ATTACHED BUILDINGA building which has two or more party walls (including ceilings/floors) in common; or, one or more party walls (including ceilings/floors) in common when there are three or more buildings connected.
DETACHED BUILDINGA building which has no party wall (including ceilings/floors).
PRINCIPAL BUILDINGA building in which is conducted the principal use of the lot on which it is located.
SEMIDETACHED BUILDINGA building which has only one party wall (including ceilings/floors) in common.
The total area taken on a horizontal plane at the mean level
of the ground surrounding the principal building and all accessory
buildings.
The total overall height in feet of a building measured from
the basement floor or grade level (if no basement exists) to the highest
point of the roof.
A line parallel to the front, side, or rear lot line set
so as to provide the required yard.
A lot, tract or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by transients in recreational vehicles or tents.
A plot of ground within a campground intended for occupation
by a recreational vehicle or tent.
The basic unit of luminous intensity adopted under the Systeme
International d'Unites.
An accessory structure not totally enclosed which is primarily
designed or used for parking automobiles.
A story having more than 1/2 of its clear height below the
average level of the adjoining ground. A cellar shall not be considered
in determining the number of stories or building height (compare,
"basement").
As used in this chapter, a document issued by the Zoning
Officer to indicate that completed new construction, alteration of
a building, alteration of a site plan and/or a change in the use of
a property is in compliance with all applicable land use laws and
regulations of the Township. As used in this chapter, it does not
signify compliance with or adherence to any requirements for construction
of improvements regulated by the Pennsylvania Construction Code Act,
the Uniform Construction Code or their amendments, alterations and/or
replacements. A certificate of occupancy, as defined herein may also
be known as a "land use certificate of occupancy."
A certificate, issued by the Zoning Officer, which permits
the use of a building in accordance with the approved plans and specifications
and certifies compliance with the provision of law for the use and
occupancy of the land and structure in its several parts, together
with any special stipulations or conditions of the zoning permit.
A building, structure or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents and church-related
educational and/or day-care facilities.
An area of land in single ownership, to be developed as a
residential community, in which the dimensions of individual lots
may be reduced, but in which common areas are provided so that the
overall density required in the respective zoning district is maintained.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas, and areas set aside for public
facilities. Common open space shall be substantially free of structures
but may contain such improvements as are in the development plan as
finally approved and as appropriate for the recreation of residents.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The area in the conservation subdivision (Agricultural and
Open Space Districts) that is devoted to open space and constrained
areas. The use table in the district describes the type of uses permitted
in the conservation area. The conservation are is delineated at the
time of subdivision and land development and may only be used for
conservation purposes and not further subdivided.
A residential community designed to provide independent assisted
living or personal care arrangements for persons aged 55 years and
older as part of a planned community, where said planned community
may also include nursing services, medical services and other health
and lifestyle-related services.
The number of dwelling units per acre.
A private minor vehicular right-of-way providing access between
a street and a garage, carport or other parking space for a single-family
or two-family dwelling (compare, "access drive").
A building or structure containing dwelling units (see below)
designed for living quarters for one or more families, including mobile
homes, but not including hotels, rooming houses, convalescent homes
or other accommodations for transient occupancy.
MULTIFAMILY DWELLINGA building containing three or more dwelling units, including apartment houses, garden apartments or townhouses.
TWO-FAMILY DWELLINGA building containing two dwelling units arranged either in a manner where both units share a common party wall or in a manner where one unit is located wholly or partially above the other.
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit and having two side yards (in case of corner lots, one side yard).
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
A public eating place where food is prepared and sold for
either on-premises or off-premises consumption.
A chemical compound, mixture or device that contains oxidizing
and combustible materials or other ingredients in such proportions
or quantities that an ignition by fire, friction, concussion, percussion
or detonation may result in an explosion.
The term includes safety fuse, squibs, detonating cord and igniters.
The term does not include the following:
Commercially manufactured black powder, percussion caps, safety
and pyrotechnic fuses, matches and friction primers, intended to be
used solely for sporting, recreational or cultural purposes in antique
firearms or antique devices, as defined in 18 U.S.C. § 921
(relating to definitions);
Smokeless powder, primers used for reloading rifle or pistol
cartridges, shot shells, percussion caps and smokeless propellants
intended for personal use; or
Agricultural fertilizer which will be used solely in normal
farming operations.
One or more persons who live in a dwelling unit and maintain
a common household. May consist of a single person or two or more
persons, whether or not related by blood, marriage or adoption. May
also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodging or boardinghouse.
The sum of the gross horizontal areas of the floors of a
building, excluding cellar, basement and attic floor areas if not
devoted to the principal use. All dimensions shall be measured between
exterior faces of walls.
The sum of the horizontal areas of all rooms used for habitation
such as living room, dining room, kitchen, bathroom or bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, closets, nor unheated areas such as enclosed porches.
Earth-sheltered dwellings, designed as such, shall include the aggregate
of an area used for habitation as defined above, whether or not all
or a portion is below ground level.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purpose, which does not involve any land development.
The portion of a lot abutting the street right-of-way line.
In the case of landlocked lots; frontage is the portion of the lot
that is closest to the street where accessibility is provided for
the lot.
An accessory building the sole purpose of which is the storage
of automobiles, equipment, and vehicles incidental to the primary
use of the premises, provided that no business, occupation, or service
is conducted for profit therein.
A use primarily involved in horticulture which includes the
sale of plants grown on the premises and related goods and materials,
as well as the storage of equipment customarily incidental and accessory
to the primary use.
Any dwelling, or portion thereof, which is designed or used
for at least three persons unrelated to each other or to any family
occupying the dwelling unit and having common eating facilities. Group
quarters include, but are not limited to, fraternity and sorority
houses, dormitories and other quarters of an institutional nature.
Such quarters must be associated with a parent religious, educational,
charitable or philanthropic institution.
A dwelling for the supervision of transitionally institutionalized
individuals who are involved in drug or alcohol rehabilitation and/or
individuals who have violated the law and who are sent to a halfway
house upon release from, or in lieu of being sent to, a penal institution
or juvenile detention center.
A special type of accessory use, specifically an occupation,
as specified in this chapter, which is clearly incidental and secondary
to the use of a property for residential purposes.
A surface that prevents the infiltration of water into the
ground. Impervious surfaces and areas include but are limited to roofs,
additional indoor living spaces, patios and decks, garages, storage
sheds and similar structures, streets, driveways, access drives, parking
areas, and sidewalks. Any areas designed to be covered by loose surfacing
materials such as gravel, stone and/or crushed stone, and intended
for storage of and/or travel by vehicles, or pedestrians shall be
considered impervious. Surfaces or areas designed, constructed and
maintained to permit infiltration may be considered pervious.
A living arrangement within a continuing care retirement
community in which residents live independently while having access
to all common facilities and services of the community, but without
the inclusive supportive services typically associated with assisted
living, personal care, nursing or skilled units.
A tract of land:
Organized and laid out in accordance with an overall plan for
a community of industries, including the servicing of these industries;
and
Designed to insure compatibility between the industrial operations
in the park and the surrounding area through such devices as landscaping,
architectural control, setbacks and use requirements.
Any lot, land or structure, or part thereof, used for the
collection, storage, and/or sale of wastepaper, rags, scrap metal
or discarded material, or for the collecting, dismantling, storage
and salvaging of machinery, equipment, junked or inoperable motor
vehicles, and/or for the sale of parts thereof.
Any building or buildings and/or land used for the sheltering,
boarding, breeding or training of 11 or more dogs, at least four months
of age and kept for the purposes of profit, show, hunting or as pets.
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 Section 503(1.1) of the Pennsylvania
Municipalities Planning Code, as amended.[1]
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 lease to exercise the rights of the landowner, or
other person having a proprietary interest in land.
Any farm animal, such as cattle, poultry, donkeys, horses,
mules, burrows, sheep, swine or goats, kept for agricultural use,
commercial purposes, or pleasure.
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.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the street right-of-way. In the case of corner lots, the lines extending along all street right-of-way shall be considered front lot lines. In the case of a lot other than a corner lot that fronts on more than one street, the lines extending along all street right-of-way lines are front lot lines.
REAR LOT LINEA lot line opposite and most distant from the front lot line. In the case of a lot having no street frontage, or a lot of odd shape, only the one lot line furthest from any street shall be considered a rear lot line. In the case of corner lots, the rear lot line is the opposite and parallel to the street on which the structure fronts. Every lot shall have a rear yard.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The area contained within the property lines of an individual
parcel of land as shown on a land development plan, excluding any
area within a street or other right-of-way or easement.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a corner lot if the tangent
to the curve at the points beginning within the lot or at the points
of intersection of the side lot lines with the street line intersect
at an angle of less than 135°.
A percentage which when multiplied by the lot area will determine
the permitted area that can be covered with an impervious surface
(e.g., buildings, driveways, parking areas and sidewalks).
A lot extending between and having frontage on two streets.
The lines bounding a lot as described in the recorded title,
or in a plot, plan or draft. Also referred to as "property lines."
The required distance between side lot lines (or in the case
of corner lots, between a front and side lot line) measured at the
front setback line.
A structure used for the storage of explosives which is built,
licensed and maintained in accordance with 25 Pa. Code § 211.115
(relating to standards for classifying and storing explosives and
constructing, maintaining and siting magazines).
A secured, fenced area in which one or more magazines are
located.
A street designated in the Franklin Township Joint Comprehensive
Plan, or as designated by resolution of the Board of Supervisors of
the Township in any other document, as an arterial or collector street.
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins or liquors.
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to persons on an outpatient basis.
Two or more rooming houses, located on a single parcel of
land, occupied by persons associated with the harvest of agricultural
products.
A facility providing for the enclosed storage of commercial
business stock or equipment, household items, seasonal equipment and/or
classic or antique automobiles where said items are retained for direct
use by their owner who shall have direct access thereto without intermediate
handling by the proprietor of the facility.
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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by automobile tourists or transients, including auto courts, motor
lodges and similar establishments.
A unit of illuminative brightness equal to one candle per
square meter, measured perpendicular to the rays of source.
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. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A use, structure, lot or dimension in conflict with the regulations
of this chapter: existing on the effective date of this chapter; or
existing at any subsequent amendment of this chapter; or created by
variance. Specifically, the following types of nonconformities are
distinguished.
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use, dimension, or extent of use provisions in this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use or extent of use provisions in this chapter or any amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
An educational, religious or charitable use which qualifies
as "nonprofit" under Section 501-C of the Internal Revenue Service
Code, as amended.
Any use that is not a residential use as defined herein.
A living arrangement within a continuing care retirement
community which is licensed by the Commonwealth of Pennsylvania and
provides board, shelter and twenty-four-hour nursing and medical care
to chronic or convalescent patients.
A parcel or parcels of land or an area of water, or combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking area, and areas set aside for public facilities.
[Added 5-3-2018 by Ord.
No. 2018-01]
A use of open land for leisure time activities, such as a
swimming pool, tennis court, golf driving range, miniature golf, golf
course, or drive-in theater. The use is open to the public (or some
segment of the public) with the users compensating the operator in
some fashion for that use (be it an admission fee, club dues, annual
membership, etc.).
An area as part of a sporting or outdoor club which skeet
shooting, trapping, rifle shooting or archery is practiced.
The owner of record of a parcel of land.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land separated by an existing state
or Township road shall be considered contiguous. "Parcel" shall not
include those contiguous tracts separately described and contained
in common ownership which originate from separate titles and which
otherwise conform to this chapter.
The original parcel of land, prior to subdivision, at the
time of enactment of the Franklin Township Zoning Ordinance (October
10, 1995).
A building where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An open lot where passenger vehicles [including recreational
vehicles (RVs), vans, trucks, etc.] may be stored for short-term,
daily, or overnight off-street parking. This definition does not allow
for off-road vehicles, heavy duty vehicles (backhoe, bulldozer, etc.)
or any other vehicle that is not inspected for driving on roads.
An off-street space available for the parking of one motor
vehicle and having direct usable access to a street or lane.
Personal service businesses shall include barber and beauty
shops; dry-cleaning establishments; radio and television repair; repair
shops for home appliances, tools, bicycles, guns, locks, shoes and
watches; tailor and dressmaking shops; or any other establishment
of similar nature providing personalized service to customers.
A community that combines recreational and residential uses
by providing one or more golf courses with clustered housing and the
preservation of open spaces.
Not publicly owned, operated or controlled.
A building or enclosed space used for the collection and
processing of recyclable material, and/or used motor oil, by such
means as flattening, mechanical sorting, compacting, baling, shredding,
grinding, crushing and cleaning.
An office which generally operates on an appointment basis.
Business offices shall include advertising agencies, opticians' offices,
personnel agencies, and travel and ticket agencies. Professional offices
shall include offices of accountants, actuaries, architects, attorneys,
clergy, dentists, designers, engineers, insurance and bonding agents,
manufacturing representatives, photographers, physicians, real estate
agents, teachers, and miscellaneous consulting services. Also included
are offices of a governmental agency, social service organization,
district justice or Justice of the Peace, notary, public or private
utility or political organization; or an office of a bank, savings
and loan association, credit or loan company, collection agency, or
stock and bond broker.
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions).
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.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A municipal sanitary sewer system, or a comparable common
or package sanitary facility, approved and permitted by the Pennsylvania
Department of Environmental Protection.
A municipal water supply system, or a comparable common water
facility, approved and permitted by the Pennsylvania Department of
Environmental Protection.
A use for collection and temporary storage of more than 250
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 250 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.
Any use that provides permanent residences, not including
temporary lodging such as hotels, motels, campgrounds, resorts or
bed-and-breakfast inns.
A business combining temporary lodging, eating and recreational
facilities as a single enterprise and offered to the public for profit.
An establishment that serves prepared food primarily on nondisposable
tableware but can provide for incidental carry-out service so long
as the area used for carry-out service does not exceed 5% of the total
patron seating area nor 80 square feet, whichever is less.
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off of the site. Caterers shall be included
in this definition.
Any shop or store whose primary activities involve the sale
or lease of amusements and games, antiques, art, books, beverages,
carpets and rugs, ceramics and glass, confections, drugs, dry goods,
flowers, food, furniture, gifts, garden supplies, hobbies, hardware,
household appliances, household pets and supplies, leather goods,
musical supplies and equipment, notions, paint, periodicals, photographs
and photographic equipment, radio, television and sound equipment,
sporting and camping goods, stationery, tobacco, toys and wearing
apparel. The wholesale distribution or manufacture of the foregoing
products are not included herein and are permitted only as provided
in other appropriate sections of this chapter. Among the uses not
to be interpreted as a retail store or business are uses specifically
provided for elsewhere in this chapter, including, but not limited
to, a service station, vehicular sales and/or rental facility, eating
establishment, adult-oriented facility, hotel or motel, personal service
shops, offices, and heavy storage sales facility.
A right of passage across land occupied or intended to be
occupied by a street, crosswalk, railroad, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer main, shade
trees, or for another special use.
A residential building, other than a hotel or motel, containing
not more than one dwelling unit where lodging is provided on a seasonal
or continuous basis.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
COMMERCIAL SCHOOLA school conducted for profit for such special instruction as business, art, music, trades, handicraft or dancing.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sales of motor vehicle
accessories at retail only, but not including major repairing, body
and fender work, painting, vehicular sales or rental, or automatic
car washes.
The horizontal distance between a structure and a property
or street line.
FRONT SETBACKA line parallel to and set back from the front lot line equal to the required front yard.
REAR SETBACKA line parallel to and set back from the rear lot line equal to the required rear yard.
SIDE SETBACKA line parallel to and set back from the side lot line equal to the required side yard.
A line within a property and parallel to a property or street
line which delineates the required minimum distance that must be provided
between a building and an adjacent street line and/or property line.
Ultimate sexual acts, normal or perverted, actual or simulated,
involving a person or persons, or a person or persons and an animal,
including acts of masturbation, sexual intercourse, fellatio, cunnilingus,
analingus, or physical contact, including fondling or other erotic
touching, with a person's nude or partially denuded genitals, pubic
area, perineum, anal region, or, if such person be female, a breast.
An artificial human penis, vagina or anus, or other device
primarily designed to stimulate or manipulate the human genitals,
pubic area, perineum or anal area, including dildos, penisators, vibrators,
vibrillators, penis rings and erection enlargement or prolonging creams,
jellies or other such chemicals or preparations.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernible turgid state; the postpubertal,
full or partially developed human female breast with less than opaque
covering or a portion thereof below the top of the areola or nipple.
A group of stores planned and designed to function as a unit
for the site on which it is located with off-street parking provided
as an integral part of the unit.
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. This
term shall not include displays that only involve symbols that are
clearly and entirely religious in nature, and which do not include
advertising.
BILLBOARD SIGNA sign whose major purpose is for directing attention to a business commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same lot.
DYNAMIC DISPLAYAny characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.
ATTACHED SIGNA sign attached, painted or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
BUSINESS SIGNA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
DIRECTIONAL SIGNA sign which directs people to a community; an event of public interest; public uses and buildings; uses and buildings of service and charitable organizations; and uses and buildings of commercial nature, provided that no advertising matter other than identifying name or symbol shall be contained on signs of this type.
PERMANENT SIGNA sign permanently attached or applied to a building or structure or permanently anchored into the ground and which cannot easily be moved. Permanent signs may have either permanent or replaceable lettering.
PORTABLE SIGNA temporary sign, of any material, with or without changeable type lettering, illuminated or nonilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground, often referred to as a "mobile sign."
TEMPORARY SIGNA sign which is anchored to the ground or attached to a building or structure with weights, cables, pins, braces or stakes and which can easily be moved. Temporary signs are displayed for a limited period of time.
A solar easement means a right, expressed as an easement,
restriction, covenant, or condition contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of assuring adequate access to direct sunlight for
solar energy systems.
[Added 4-1-2021 by Ord.
No. 2020-07]
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 4-1-2021 by Ord.
No. 2020-07]
An area of land used for a solar collection system principally
to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use or for use on-site if the output size is greater than 10kw. Principal
solar energy systems consist of one 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.
[Added 4-1-2021 by Ord.
No. 2020-07]
The electric conveyance lines which connect a solar energy
facility to the high-voltage electric interconnection grid.
[Added 4-1-2021 by Ord.
No. 2020-07]
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
[Added 4-1-2021 by Ord.
No. 2020-07]
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
[Added 4-1-2021 by Ord.
No. 2020-07]
A use permitted in a particular zoning district pursuant
to the provisions of terms, procedures and conditions prescribed herein.
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between any floor
and the ceiling next above it. A half story is that portion of a building,
excluding cellars, included between the surface of the highest floor
in the building and the roof of the building, the area of which is
decreased due to the slope or incline of the roof members; such as
a traditional attic area.
A public or private way, excluding driveways and access drives,
which affords the principal means of access to abutting properties,
intended to be used by vehicular traffic or pedestrians. Includes
street, avenue, boulevard, road, highway, freeway, parkway, lane,
alley, viaduct and any other ways used or intended to be used by vehicular
traffic or pedestrians whether public or private.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Commonly known as the "street
right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
driveways, walkways and parking areas (see "building").
ACCESSORY STRUCTUREA subordinate structure or a portion of the principal building or structure on a lot, the use of which is customarily incidental to that of the principal building or structure.
Any pool or open tank normally containing, or capable of
containing, water to a depth at any point greater than 3 1/2
feet. Farm ponds and/or lakes are not included.
An area of land which may comprise the entire area or subpart
of a parcel. Individual "tracts" within a parcel of land shall constitute
separate lots for the purpose of construction, permitting, or for
the purposes of this chapter.
The specific purpose for which land, a building or a structure
is designed, arranged, intended, occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
PRINCIPAL USEThe main or primary use of property, buildings or structures.
A small building having a floor area not exceeding 120 square
feet, and a height of not more than 10 feet, intended primarily for
the storage of yard and garden equipment, bicycles and miscellaneous
household items incidental to a residence.
Relief granted pursuant to the provisions of this chapter.
An open lot for the outdoor display of new or used automobiles,
recreational vehicles, and similar vehicles when accessory to a vehicle
sales, rental or display building.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, servicing, or supplying of gasoline
or oil to automobiles, recreational vehicles and similar vehicles.
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and which may provide accessory
services related to washing and polishing.
A structure to be used for storage only of equipment and
merchandise.
A business devoted to the sale of commodities in quantity
chiefly to retailers, other merchants, or industrial, institutional
and commercial users mainly for resale or business use. Such commodities
shall be limited to durable goods, sundries, dry goods and nonperishable
items and shall not include bulk fuel and chemicals.
The prescribed open area on a lot, unobstructed from the
ground upward, except as modified in this chapter.
FRONT YARDAn area bounded by the street right-of-way line(s), and a wall of the principal building, and the side lot lines (or a side and rear lot line of a corner lot). See § 175-16 for further applications of the definition of "front yard" on nontraditional lots."
REAR YARDAn area bounded by the rear lot line (and street right-of-way line in the case of double frontage, reverse frontage or triple frontage lots), and a wall of the principal building, and the side lot lines (or a side and front lot line of a corner lot). See § 175-16 for further applications of the definition of "rear yard" on nontraditional lots."
SIDE YARDAn area situated between the closest portion of the principal building and the side lot line, and extending from the front yard to the rear yard.
As used in this chapter, a document issued by the Zoning
Officer to indicate that plans for new construction, alteration of
a building, alteration of a site plan and/or change of use of a property
comply with all applicable land use laws and regulations of the Township.
As used in this chapter, it does not signify compliance with or adherence
to any requirements for construction of improvements regulated by
the Pennsylvania Construction Code Act, the Uniform Construction Code
or their amendments, alterations and/or replacements.
[1]
Editor's Note: See 53 P.S. § 10503.
