For the purposes of this ordinance, 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.
The singular shall include the plural and vice-versa.
The masculine gender shall include the feminine and neuter, and vice-versa.
F.
If a word is not defined in this ordinance, but is
defined in the Township Subdivision and Land Development Ordinance[1] (SALDO), the definition in the SALDO shall apply. If a
word is defined in both this ordinance and another Township ordinance,
each definition shall apply to the provisions of each applicable ordinance.
G.
The meaning of any word or term not defined in this
ordinance or in the Township Subdivision and Land Development Ordinance,
as amended, shall be determined by the Zoning Officer based upon the
plain and common meaning within the context of the section. The Zoning
Officer may base a determination upon a definition in one or more
standard reference dictionaries. An applicant may appeal a Zoning
Officer's determination to the Zoning Hearing Board.
H.
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.
When used in this ordinance, 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 or a perennial waterway.
See also the definition of "adjacent."
A privately-owned, constructed and maintained vehicular access
roadway accessing more than one dwelling unit or more than one commercial,
institutional or industrial principal use. See also "driveway."
A building (such as a private garage, private toolshed, children's
playhouse or noncommercial greenhouse) which is subordinate and accessory
to a principal building on the same lot and which is used for purposes
that are clearly customarily incidental to the use of the principal
building. A portion of a principal building used for an accessory
use shall not be considered an "accessory building."
A structure, such as a private garage or private swimming
pool, serving a purpose customarily incidental to the use of the principal
building and located on the same lot as the principal building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
One combined entrance/exit point, or one clearly defined
entrance point and one clearly defined exit point, separated in accordance
with the requirements of this ordinance and the Palmer Township Subdivision
and Land Development Ordinance.[1]
[Amended 6-26-2012 by Ord. No. 2012-410]
Forty-three thousand five hundred sixty square feet.
A residential development that involves restrictions on the ages of residents as provided more specifically in § 190-210B and which involves a unified development under condominium ownership of private internal streets, landscaped areas, along public streets, and private on-site recreational facilities.
[Added 3-26-2002 by Ord. No. 2002-315; amended 11-26-2002 by Ord. No. 2002-327]
Includes contiguous lots that share a common lot line or
that are separated only by a street or waterway.[2]
A use providing supervised care and assistance primarily
to persons who need such assistance primarily because of old age,
developmental disability, physically disability or other limited physical
abilities or Alzheimer's disorder. This use shall not include persons
who need oversight because of behavior that is criminal or violent
to others. 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.[3]
The definition for this term and for all uses included under this term shall apply as is provided in Title 68, Part II, Subpart E, Chapter 55, Section 5502 of the Pennsylvania Consolidated Statutes, as amended.[4] Such definitions in Pennsylvania Statutes are hereby included
by reference, including, but not limited to the definitions for "adult
bookstore," "adult entertainment," "adult mini-motion-picture theater,"
"adult motion-picture theater," "sexual activities," "specified anatomical
areas," and "specified sexual activities."
[Added 6-26-2012 by Ord. No. 2012-410]
A commercial use or membership club that permits the consumption
of alcohol and is routinely open between the hours of 2:00 a.m. to
4:00 a.m., in addition to any other hours. See State Act 219 of 1990,[5] which generally prohibits this use.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products, or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
[Added 2-19-2001 by Ord. No. 2001-299]
Shall mean "crop farming," "plant nursery" and "raising of
livestock." See definition of each.
An area which is designated, used or intended to be used
for the landing and takeoff of motorized aircraft that carry people,
and any related aircraft support facilities such as for maintenance,
refueling and parking.
PUBLIC AIRPORTOne that does not meet the definition of a "private airport."
PRIVATE AIRPORTOne that is limited to a maximum total of 15 flights and/or takeoffs in any seven-day period and that is not available for use by the general public.
A right-of-way providing secondary access to the side or
rear on one or more lots which has a maximum right-of-way width of
20 feet.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such structure from one location to another.
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting electronic signals or shortwave
or citizens' band radio frequencies. This includes any accessory supporting
structures. This shall not include a satellite antenna, which is regulated
separately.
Land or buildings used for the interment or burial of the
remains of three or more noncremated nonhuman animals on a lot of
less than 30 acres and 10 or more animals on a lot of 30 or more acres.
Burial of cremated animals or fewer numbers of noncremated animals
on a lot shall be a permitted by right accessory use in all districts.
The trimming of the hair or fur and/or the washing of animals
for commercial purposes.
Shall have the same meaning as "veterinarian office."
Shall have the same meaning as "raising of livestock."
See "dwelling types."
The person(s), company, partnership, profit or nonprofit
corporation or trust responsible for a particular application for
an approval or permit under this ordinance, and his/her heirs, successors
and assigns.
An establishment engaged in the retail sale of new hobby
or craft supplies, artist supplies, sewing supplies, including fabric,
or needlework supplies. The use may include the creation of custom
crafted items or artwork as an accessory use.
[Added 6-26-2012 by Ord. No. 2012-410]
Physically connected to or within eight inches of.
That part of a building which is immediately below and wholly
or partly within the roof framing.
A commercial area or structure involving indoor or outdoor
space for exhibits, meetings, live performances or sports events,
but not a use that meets the definition of a movie theater, adult
live entertainment use or standard or fast-food restaurant.
A building or area, other than a street, used for the outdoor
or indoor display, sale or rental of one or more of the following
in operable condition: motor vehicles, recreation vehicles, boat trailers,
farm machinery, motorcycles, trucks, utility trailers, construction
vehicles or 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 or
a junkyard.
A building and/or land 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 any use that involves any of the
following work: major mechanical or body work, 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 a use meeting the
definition of a "truck stop."
A building and/or land where gasoline is sold, 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. This use may include the sale of ready-to-eat food for consumption off the lot and of common household products as a clearly accessory use. An accessory use providing only motor fuel to vehicles operated by that business shall not be considered to be a gasoline service station. This use shall not include a use meeting the definition of a "truck stop." See storage limits in § 190-210.
An establishment engaged in the preparation and retailing
of fresh breads, baked dessert items and/or other fresh baked goods,
for consumption on or off the premises.
[Added 6-26-2012 by Ord. No. 2012-410]
An establishment which is rented by individuals or groups
to accommodate private functions, including, but not limited to, banquets,
weddings, and other similar events. Such a use may or may not include:
An enclosed floor area partly or wholly underground, other
than a building which is completely underground. A "basement" shall
be considered a story if the majority of the basement has a clearance
from floor to ceiling of six feet or greater and the roof of the basement
is an average of four or more feet above the finished grade of the
front side of the building that faces onto a street.
The use of a single-family detached dwelling and/or accessory
structure which includes the rental of overnight sleeping accommodations
and bathroom access for a maximum of 10 temporary guests at any one
time, and which does not provide any cooking facilities or provision
of meals for guests other than breakfast. This use shall only include
a use renting facilities for a maximum of seven days in any month
to any person(s) and shall be restricted to transient visitors of
the area.
An establishment engaged in the retail sale of packaged alcoholic
beverages, such as ale, beer, wine, and liquor.
[Added 6-26-2012 by Ord. No. 2012-410]
A use where lawful gambling activities are conducted, including
but not limited to offtrack parimutuel betting. This term shall not
include betting under the state lottery programs or betting under
the "small games of chance" provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a membership club).
A paved lane specifically established primarily to provide
for travel by non-motorized bicycles.
An off-premises sign with any total sign area greater than
50 square feet.
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives.
Unless otherwise referenced, shall mean the Zoning Hearing
Board of Palmer Township.
A residential use in which individual room(s) are rented
that do not meet the definition of a dwelling unit and are occupied
by a total of two or more persons who are not related to the primary
householder of the dwelling or a dwelling unit which 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 use,
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. This use shall only involve renting living
accommodations for minimum periods of five consecutive days.
The Board of Supervisors of Palmer Township.
An establishment engaged in the retail sale of new or used
books, not to include an adult bookstore.
[Added 6-26-2012 by Ord. No. 2012-410]
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.
Any structure having a permanent roof and intended for the
shelter, work area, housing or enclosure of persons, animals, vehicles,
equipment or materials and that has a total area under 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 maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by the total lot area
of the lot upon which the buildings are located.
The horizontal measurement between the two most-distant portions,
other than portions measured diagonally, of any one building or of
attached buildings.
See "setback line."
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
The horizontal measurement between two structural walls of
one building that are generally parallel, measured in one general
direction that is most closely parallel to the required lot width.
For a townhouse or twin homes, this width shall be the width of each
dwelling unit from the center of one party wall to the center of the
next party wall or the outside edge of the exterior wall.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household 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 non-recycled solid
waste, unless the use also meets the applicable requirements for a
solid waste transfer facility. This definition shall not include a
junkyard.
Storage beyond what is reasonably needed for customary use
on-site. This includes storage of substances intended to be sold or
resold for use off-site.
An establishment engaged in rendering services to business
establishments on a fee or contract basis.
[Added 6-26-2012 by Ord. No. 2012-410]
See "adult live entertainment use."
A use that is primarily recreational in nature that involves
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy by persons recreating or travelers, or the
use of tents or cabins for seasonal occupancy by organized groups
of persons under age 18 and their counselors.
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
A building or portion thereof where automobiles are cleaned
mechanically, using a conveyor, sprayer, blower, steam-cleaning equipment
or other device. This use may include wash tunnels, pay stations,
vacuums, drying facilities, and associated paved accessways and parking
stalls.
[Added 6-26-2012 by Ord. No. 2012-410; amended 11-29-2016 by Ord. No. 2016-447]
Land or buildings used for the burial of deceased humans,
but not animals. The interment or scattering of remains of properly
cremated humans is not regulated by this ordinance.
Includes Chairman, Chairwoman, Chair and Acting Chairperson
(when applicable).
An establishment engaged in the cashing of checks by individuals
or the deferred deposit of personal checks whereby the check casher
refrains from depositing a personal check written by a customer until
a specific date; or the offering of a loan until a paycheck would
be received by the person receiving the loan. This term shall not
include any of the following:
A state or federally chartered bank, savings association, credit
union, or industrial loan association; or
A retail store engaged in selling or leasing items to retail
customers and that cashes a check for a fee, not routinely exceeding
1% of the check amount, as a service to its customers incidental to
the retail store principal use.
[Added 6-26-2012 by Ord. No. 2012-410]
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 15 to December 30 that were produced on
the premises.
A logging method that removes all trees or the vast majority
of all trees from a tract of land or a portion thereof, other than
cutting of trees that is clearly necessary for the development of
an approved use.
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals with an
overall height of greater than 20 feet. Towers of less than 20 feet
in height are permitted by right, although additional regulations
apply to satellite dish antenna. "Commercial communications towers"
include but are not limited to antenna used for transmitting commercial
radio or television signals or cellular telephone communications,
but shall not include an amateur radio antenna.
The GC, PC, PO/B and PIC Zoning Districts. In case of conflict,
the PIC District shall be considered to be primarily industrial, instead
of primarily commercial.
See "forestry, commercial."
Any use that has a total building coverage of less than 15%,
is used principally for active or passive recreation (such as a driving
range) and is used for a profit-making purpose.
Includes retail sales, offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
A motor vehicle, other than a permitted recreation vehicle,
having a primary use, including, but not limited to, making service
calls or the transporting of tools, equipment and materials for business
purposes.
[Amended 12-17-2001 by Ord. No. 2001-311; 6-29-2010 by Ord. No. 2010-395]
The Planning Commission of the Township of Palmer.
See "open space, common."
A noncommercial use that exists solely to provide leisure
and educational activities and programs to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income elderly persons. This shall
not include residential uses or a treatment center.
The collection and processing of vegetative material to allow
it to biologically decompose under controlled anaerobic or aerobic
conditions to yield a humus-like product.
The document entitled the "Palmer Township Comprehensive
Plan," or any part thereof, adopted by the Board of Supervisors.
A use which is allowed or denied by the Board of Supervisors within the provisions of Article XX, after review by the Planning Commission.
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 was created under
the Pennsylvania Unit Property Act of 1963[6] or was/is to be created under the Pennsylvania Uniform
Condominium Act of 1980, as amended.
[7]An establishment engaged in holding or hosting conferences,
exhibitions, large meetings, seminars, training sessions, and similar
activities. A conference center may also provide office facilities,
business services or kitchen facilities for the preparation or catering
of food, as accessory uses.
[Added 6-26-2012 by Ord. No. 2012-410]
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position and/or
the demolition of a pre-existing building.
An establishment engaged in the retail sale or rental of
new electronics equipment and appliances for household use.
[Added 6-26-2012 by Ord. No. 2012-410]
A use that primarily sells routine household goods, groceries
and prepared ready-to-eat foods to the general public, and that includes
a building with a floor area of less than 7,000 square feet. This
use may include an indoor seating area comprising no more than 10%
of the gross floor area and/or an outdoor seating area. This use may
also include the accessory sale of gasoline or other automotive fuels,
provided that the requirements for an auto service station are also
met.
[Amended 11-29-2011 by Ord. No. 2011-403]
To change or adapt land or structures to a different use.
The County of Northampton, Commonwealth of Pennsylvania.
The Joint Planning Commission, Lehigh-Northampton Counties.
The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of "crop farming" shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, riding academies or kennels. If a crop farming lot includes more than 15 acres, it may also include the keeping of up to 10 additional animals as a permitted accessory use, in addition to what is permitted under the keeping of pets in § 190-211.
A building and/or land open to the public which primarily
contains exhibits of clearly artistic or cultural interest, such as
a museum, library, art gallery or indoor nature study area. This shall
not include uses that are primarily commercial in nature.
A proposed zoning amendment made to the Board of Supervisors
by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which they have an interest.
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school. The following three types of day care are permitted
without regulation by this ordinance: care of children by their own
relatives, care of children within a place of worship during regularly
scheduled weekly religious services and care of one to three children
within any dwelling unit, in addition to children who are relatives
of the caregiver. See also the definition of "adult day-care center."
CHILD DAY-CARE CENTER, as an accessory useA type of day-care use that provides care for six or fewer children at one time who are not relatives of the caregiver. See § 190-211.
CHILD DAY-CARE CENTER, as a principal useA type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 190-210.
Calendar days.
An establishment engaged in retailing fresh, frozen, or cured
meats and poultry, for consumption on or off the premises.
[Added 6-26-2012 by Ord. No. 2012-410]
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Resources, or
its successor, and its relevant subparts.
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
Construction, erection or expansion of a structure or mining,
dredging, filling, grading, paving, excavation or drilling operations.
The term also includes any activities defined as "land development"
under the Palmer Township Subdivision and Land Development Ordinance.
[8]A specialized building used for the receipt and temporary
storage of products or goods to be redistributed to retailers, wholesalers,
or directly to consumers.
[Added 6-26-2012 by Ord. No. 2012-410]
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this ordinance.
See "kennel."
A principal or accessory building that includes residential
areas occupied exclusively by faculty or full-time students of an
accredited college or university or state-licensed teaching hospital
or accredited public or private primary or secondary school.
A privately owned, constructed and maintained vehicular access
from a street or access drive to only one dwelling unit, commercial
unit, institutional or industrial principal use. See also "access
drive."
Any area used for solid waste disposal that does not operate
under a valid solid waste permit issued by the PA DER and that is
not a permitted junkyard under this ordinance.
A building used as non-transient 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 ordinance categorizes dwellings into the
following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article XX and where permitted by the zoning district regulations and meeting the floor area requirements of this ordinance.
GARDEN APARTMENTS or LOW-RISE APARTMENTSThree or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is more restrictive, except where otherwise allowed in this ordinance. The individual dwelling units may be leased or sold for condominium ownership. See also below for "two-family semidetached dwelling."
[Amended 1-29-2013 by Ord. No. 2013-420]
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories, and less than 72 feet or six stories (whichever is more restrictive).
[Amended 1-29-2013 by Ord. No. 2013-420]
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or garden 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, and that does not meet the definition of a "mobile/manufactured home" and 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 areas on all sides.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable; is designed for permanent occupancy; is contained in a single piece or two substantial pieces 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; is constructed so that it may be used with or without a permanent foundation; is not a recreation vehicle; and includes a minimum of 300 square feet of interior floor space. The terms "mobile home" and "manufactured home" have the same meaning. See the definition of "sectional or modular home." See standards in § 190-210.
SINGLE-FAMILY SEMIDETACHED DWELLINGTwo dwelling units, each accommodating one family, that are attached by an unpierced vertical fire-resistant wall, with one side yard being adjacent to each dwelling unit. This use is commonly known as "1/2 of a duplex" or "1/2 of a twin home." Each unit may or may not be on a separate lot.
[Amended 11-13-1995 by Ord. No. 261]
TOWNHOUSEOne 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. The units may be attached along side-by-side or back-to-back. Side yards shall be adjacent to each end unit. "Townhouses" are also commonly referred to as "row houses," "single-family attached dwellings" or "quadplexes."
TWO-FAMILY DETACHED DWELLINGTwo dwelling units accommodating one family each, with both dwelling units within a single building on a single lot, and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.
TWO-FAMILY SEMIDETACHED DWELLINGFour dwelling units, each accommodating one family, with two of the dwelling units being located directly above the remaining two dwelling units. The dwellings shall be within a single building on a single lot, with two side yards, and without being attached to any other principal building.
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. No "dwelling unit" shall
include a separate living area that is completely separated by interior
walls so as to prevent interior access from the remainder of the living
area.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
A building for the housing of fire, emergency medical or
police equipment and for related activities. This 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 tradespersons temporarily
working on physical improvements to the site.
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 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. Examples
of essential services include underground or overhead transmission
systems, poles, wires, pipes, cables, hydrants or other similar equipment.
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, exercise equipment, nonhousehold
pool and racquetball courts, typically on a membership basis.
[Amended 6-26-2012 by Ord. No. 2012-410]
One or more persons living in a single dwelling unit and functioning as a common household unit. A family shall not include more than four persons who are not related to each other (see definition of related in this article). See provisions in § 190-210 regarding group homes. A treatment center shall not be considered a family or a group home.
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 other
materials shall be considered a wall. The terms "fence" and "wall"
do not include hedges, trees or shrubs. The term "wall" does not include
engineered retaining walls, which are permitted uses as needed in
all districts (see "retaining wall, engineered").
[Amended 1-29-2013 by Ord. No. 2013-420]
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public. This shall include a federal or state-chartered bank or
a savings and loan or a loan agency.
The minimum habitable, heated space intended for human occupancy
and routine use and not including areas shared among dwelling units
(such as common hallways, common stairs and common recreation areas).
The total horizontal square footage of a building. This shall not include areas such as unfinished basements, porches that are not fully enclosed and heated, unfinished attics or other spaces not intended for routine access by humans or not serving a business purpose. "Floor area" shall include spaces such as hallways, business storage, equipment rooms and stairs. The total "floor area" shall be measured between exterior faces of walls. See also separate definitions in Article XVII for the purposes of calculating parking requirements.
An establishment engaged in the retail sale of cut flowers,
floral arrangements, and potted plants not grown on the premises.
These establishments usually prepare the arrangements they sell.
[Added 6-26-2012 by Ord. No. 2012-410]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involved any land development.
[Amended 2-19-2001 by Ord. No. 2001-299]
A type of boardinghouse, regulated as such, which is occupied
by organized groups of higher education students, and which is officially
recognized as a "fraternity or sorority" by such institution.
An establishment engaged in retailing fresh food items, such
as fruits and vegetables, meat and poultry, or seafood.
[Added 6-26-2012 by Ord. No. 2012-410]
An establishment engaged in the retail sale or rental of
new furniture, such as household furniture; outdoor furniture; office
furniture (except when sold in combination with office supplies and
equipment); and/or furniture sold in combination with household appliances,
home electronics, home furnishings, or floor coverings.
[Added 6-26-2012 by Ord. No. 2012-410]
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a dwelling, except as may be
allowed as a home occupation. The rental to a person who does not
reside on the property of storage space that would accommodate more
than two cars or for commercial purposes shall be regulated as a business
use.
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 § 190-211.
See definition under "dwelling."
An establishment engaged in the retail sale of new gifts,
novelty merchandise, souvenirs, greeting cards, seasonal and holiday
decorations, and curios.
[Added 6-26-2012 by Ord. No. 2012-410]
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
Municipal, county, state or federal government buildings
or facilities designed and intended to be occupied by the government
for public purposes, that are compatible with the neighborhood in
which they would be located. This term shall not include sewage treatment
facilities, group homes, prisons, treatment centers or solid waste
facilities. This term shall include post offices and fire stations
unless otherwise provided for.
The mean curb level, unless otherwise noted. When a curb
level has not been established, "grade" shall mean the average finished
ground elevation adjoining the buildings.
An establishment engaged in the retail sale of a general
line of food, such as canned and frozen foods; fresh fruits and vegetables;
and fresh and prepared meats, fish, and poultry.
[Added 6-26-2012 by Ord. No. 2012-410]
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the "group home" standards of § 190-210 and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing non-routine support services
and oversight to persons who need such assistance to avoid being placed
within an institution, because of physical disability, old age, mental
retardation or other handicap* as defined by applicable federal law.
Does not meet the definition of a "treatment
center."
Does not involve the housing or treatment of
persons who could reasonably be considered a threat to the physical
safety of others or are prone to any of the following: psychoactive
substance use disorders resulting from current illegal use of drugs,
pedophilia, voyeurism, other sexual behavior disorders or pyromania.
|
*NOTE: As of 1992, the Federal Fair Housing
Act defined "handicap" as follows: "a physical or mental impairment
which substantially limits one or more of such person's major life
activities; a record of having such an impairment; or 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."
|
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including but
not limited to regulations of the DER.
An establishment involved in the retail sale of health supplement
products, such as vitamins, nutrition supplements, and body-enhancing
supplements.
[Added 6-26-2012 by Ord. No. 2012-410]
The vertical distance measured from the average elevation of the average proposed ground level along the front of the building to the highest point of a structure. For a building with a roof, such "height" shall be measured to the highest point of the structural roof. See exemptions for certain types of structures in § 190-60. For height of signs, see § 190-184.
An area used for the takeoff and landing of helicopters,
together with any related support facilities such as for maintenance,
refueling and storage. This ordinance is not intended to regulate
the nonroutine emergency landing and takeoff of aircraft to pick up
seriously injured or ill persons.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public. This is also known as a "helistop."
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, excluding the keeping of
livestock and permitting the sale of produce raised thereon.
A routine, accessory and customary nonresidential
use conducted within or administered from a portion of a dwelling
or its permitted accessory building that:
Is conducted primarily by a permanent resident
of the dwelling;
Meets the definition, standards and limitations of a "general home occupation" or a "light home occupation" within the following definitions and § 190-211;
Only include uses that are clearly incidental
and secondary to the principal residential use;
Does not include any retail or wholesale sales
on the premises (other than over the phone and through the mail) nor
any industrial use (other than custom crafts and sewing); and
Specifically does not include the following:
hotel, motel, nursing home, boardinghouse, restaurant, stable, kennel,
auto repair, retail sales, painting of vehicles, tractor repair, lawn
mower and engine repair, manufacturing (other than custom crafts),
bulk welding or animal grooming.
GENERAL HOME OCCUPATIONA type of "home occupation" that:
Only involves persons working on the premises
who are permanent residents of the dwelling, plus a maximum of one
nonresident working on the premises at any one point in time;
Does not meet the definition and standards of
a "light home occupation"; and
Meets the standards of § 190-211.
|
(NOTE: This use typically requires approval
by the Zoning Hearing Board.)
|
LIGHT HOME OCCUPATIONA type of "home occupation" that:
Only involves persons working on the premises
or routinely operating from the premises who are permanent residents
of the dwelling;
Does not involve more persons regularly visiting the premises for business purposes than are permitted by § 190-211, and clearly involves the vast majority of interactions with clients primarily occurring at the client's home or business;
Only involves the self-contained use of the
premises for the home occupation by telephone, mailings and office-type
administrative work, and involves the actual use contained entirely
within the interior confines of the premises;
Involves the Zoning Officer being the sole determinator
of whether a proposed use meets the criteria for a light or a general
home occupation;
Meets the standards of § 190-211; and
Does not involve any industrial-type of operations.
|
(NOTE: This use typically does not require Zoning
Hearing Board approval.)
|
PROFESSIONAL HOME OCCUPATIONA type of home occupation that only involves work of a recognized profession (see definition of "profession").
A use involving the diagnosis, treatment or other medical
or hospice care of humans that includes but is not limited to care
requiring stays overnight. A medical care use that does not involve
stays overnight shall be considered a "medical office or clinic."
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 professions.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also "bed-and-breakfast use." A "hotel"
or "motel" may include a restaurant, nightclub, central kitchen, newsstand,
tavern and/or meeting facilities, provided that such uses are clearly
accessory to the principal use of overnight accommodations. A "hotel"
or "motel" shall not include individual kitchens in individual rental
units.
The total area of all impervious surfaces on a lot (including
building coverage) divided by the total lot area.
Areas being voluntarily dedicated as common
open space may be included in the acreage for determining "impervious
coverage" of an adjoining lot.
The nonimpervious coverage may be partially
or wholly met by land that abuts the use, even if such land is in
a different zoning district, an adjoining municipality and/or an abutting
lot, if such land will be deed restricted as permanent open space
and be so clearly stated on official recorded plans. In such case,
such land shall be properly maintained by the abutting use.
Area covered by roofs, concrete, asphalt or other man-made
cover which has a coefficient of runoff of 0.7 or higher. The Township
Engineer shall decide any dispute over whether an area is "impervious."
Includes the LI, PIC, PO/IP and HI Districts.
Includes manufacturing, distribution, warehousing and other
operations of an industrial and not primarily of a commercial, institutional
or residential nature.
Uses such as, but not limited to, software publishing; motion-picture
and sound recording; radio, television or internet broadcasting; telecommunications;
internet services; data processing; and information services. Information
and data processing uses shall not include internet-based operations
where goods are kept, stored, handled, sold or offered for sale or
transfer with or without charge either at wholesale or retail (e.g.,
internet auctions).
[Added 6-26-2012 by Ord. No. 2012-410]
The point of intersecting legal rights-of-way of two streets.
[Added 6-26-2012 by Ord. No. 2012-410]
An establishment engaged in the retail sale of new jewelry
and/or new watches. This use may also include custom jewelry designs
and/or repair services as accessory uses.
[Added 6-26-2012 by Ord. No. 2012-410]
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 other than materials
permitted actively being used under a valid construction permit. "Junk"
shall not include solid waste that is temporarily stored as is customary
in an appropriate container that is routinely awaiting collection
and disposed of in a manner consistent with state regulations; toxic
wastes; grass clippings, leaves or tree limbs, or items clearly awaiting
imminent recycling at an approved recycling use.
Includes any vehicle or trailer that meets any
of the following conditions:
Does not display a license plate with a current
registration sticker and does not have a valid state safety inspection
sticker (except for licensed antique cars not required to have an
inspection sticker).
Cannot be immediately 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 immediately towed, in regards to a
vehicle designed to be towed.
Has been demolished beyond repair.
Has been separated from its axles, engine, body
or chassis.
Includes only the axle, engine, body parts and/or
chassis, separated from the remainder of the vehicle.
See § 190-169.
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).
A greater number of junk vehicles than is permitted under § 190-169 that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.
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 and shall be
regulated as a warehouse. See also "recycling collection center."
The keeping of a greater number of dogs or cats on a lot
or within a dwelling unit beyond that number permitted under the "keeping
of pets" or the "crop farming" provisions of this ordinance. A nonprofit
animal shelter is a type of "kennel."
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 and if such lease is for a remaining
period of at least 12 months), or authorized officers of a partnership
or corporation that is a "landowner" or other person having a proprietary
interest in land. A person who has clearly received formal notarized
powers of attorney relating to a landowner may act in the capacity
of the landowner, if legally authorized.
See "cultural center."
A residential use designed and operated exclusively for adults
of 55 years of age or older and/or physically handicapped persons
that includes a nursing home and certain limited support facilities
intended specifically to serve the needs of these residents.
Illumination that passes from the source through a translucent
cover or shade.
Lighting where the source is visible and the light is distributed
directly from it to the object to be illuminated.
The street right-of-way line. This shall be the future street
right-of-way line, if one is required to be established.
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "Keeping of pets" subsection of § 190-211 and beyond what is allowed within the definition of "crop farming." For the purposes of this ordinance, the "keeping of livestock" shall have the same meaning as "animal husbandry." "Animal husbandry" shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A separate parcel of land that is recorded or that will be
recorded after Township final subdivision approval in the office of
the County Recorder of Deeds. A parcel under common ownership that
is completely separated into two parts by a public street shall be
considered to be one tract but two "lots".
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
"lot area" of uses other than townhouses and low-rise apartments (which
are regulated by a separate section), "lot area" shall not include
any of the following:
Areas within the "existing" and/or "future"
rights-of-way of any proposed or existing public streets or alleys.
Areas within the cartway or access easement
(whichever is most restrictive) of any proposed or existing private
streets that serve more than one lot.
Areas that are currently or will be required
to be dedicated as common open space on a separate lot.
For residential lots only: areas within rights-of-way
or easements of overhead electrical lines of 35 kilovolts or higher
capacity.
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135º at the intersection of
right-of-way lines of two streets. 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 lines intersect at an angle
of less than 135º.
The average horizontal distance between the front and the
rear lot lines, measured through the approximate center of the lot.
An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flagpole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel. See § 190-59.
A lot other than a corner lot.
The property lines bounding the lot. Wherever
a property line borders a public street, the lot line shall be considered
to be the existing street right-of-way.
Types.
FRONT LOT LINE (street line)A lot line separating the lot from the existing street right-of-way.
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three-sided lot has no "rear lot line.")
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
A lot that abuts two approximately parallel streets, but
only has access onto one street.
A lot that abuts two approximately parallel streets.
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, the "lot width" shall be
measured using a straight line from end to end.
The making, with substantial use of machinery, of some product
for sale, and/or associated assembly, fabrication, cleaning, testing,
processing, recycling, packaging, conversion, production, distribution
and repair, with substantial use of machinery, of products for sale.
This term shall not include the following: retail sales, personal
services, solid waste disposal facility or truck terminal.
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's(s) skin other
than the face or neck by another person(s') that is related to certain
monetary compensation, and which does not involve persons who are
related to each other by blood, adoption, marriage or official guardianship.
An establishment that meets all of the following criteria:
Massages are conducted.
The person conducting the massage is not licensed
as a health care professional or a licensed massage therapist by the
state. (NOTE: If massages are conducted by a health care professional
or a state-licensed massage therapist, then the use shall be considered
a medical office or a personal service use.)
The massages are not conducted within a licensed
hospital or nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or
semiprivate rooms.
The use is not clearly a customary and incidental
accessory use to a permitted exercise club or to a high school or
college athletic program.
A use involving the treatment and examination of patients
by state-licensed physicians, dentists, or other health care professionals,
including mental health care professionals, provided that no patients
shall be kept overnight on the premises. This use may involve the
testing of tissue, blood or other human materials for medical or dental
purposes. Such use shall include a building or buildings with multiple
offices for one or more health care professionals for examination
or treatment of persons as outpatients and laboratories incidental
thereto.
[Amended 6-26-2012 by Ord. No. 2012-410]
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
are 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. This use shall not include a target range
for outdoor shooting, a boardinghouse, a tavern, a restaurant, retail
sales or an auditorium unless that particular use is permitted in
that district and the requirements of that use are met. See also "after-hours
club."
Any mental health establishment, hospital, clinic, institution,
center, day-care center, or other organizational unit, or part thereof,
which is devoted primarily to diagnosis, treatment, care, or rehabilitation
of mentally disabled persons, but shall not include the housing of
the criminally insane, nor primarily involve housing or treatment
of persons actively serving an official sentence after being convicted
of a felony. Said use may include, but is not limited to the following:
[Added 5-20-2002 by Ord. No. 2002-316]
PSYCHIATRIC CLINICA nonresidential treatment setting in which psychiatric, psychological, social, educational and other related services are provided under medical supervision.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. "Mineral
extraction" includes but is not limited to the extraction of sand,
gravel, topsoil, limestone, sandstone, coal, 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 "open
pit mining."
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes but is not limited to limestone and davamite, sand
and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore,
vermiculite and clay, anthracite and bituminous coal, coal refuge,
peat and crude oil and natural gas.
[Added 2-19-2001 by Ord. No. 2001-299]
See "convenience store."
A parcel of land in a mobile/manufactured home park that
is improved with the necessary utility connections and other features
necessary for the development thereon of a single mobile/manufactured
home.
See definition under "dwelling."
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile/manufactured
homes for nontransient 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 "hotel."
See "trucking company terminal."
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended.
[10]A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
A tavern or bar which frequently charges admission or cover
charges for entertainment or music for dancing and which has a capacity
of more than 250 persons for such entertainment or dancing. See also
"after-hours club."
[Amended 6-26-2012 by Ord. No. 2012-410]
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
ordinance or is legally established through the granting of a variance
by the Zoning Hearing Board, and which is not abutted by other undeveloped
land owned by the same owner.
A structure or part of a structure manifestly not designed
to comply with the applicable lot area, dimensional and other provisions
in this ordinance, as amended, where such structure lawfully existed
prior to the enactment of such ordinance or applicable amendment.
Such nonconforming structures include but are not limited to signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this ordinance or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this ordinance or applicable amendment.
See "plant nursery."
A facility licensed by the state for the housing and intermediate
or fully-skilled nursing care of three or more persons.
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 or dental offices, clinics
or laboratories.
[Amended 6-26-2012 by Ord. No. 2012-410]
An establishment engaged in the retail sale of any of the
following: new stationery, school supplies, and office supplies; new
office equipment or furniture; and/or new computers.
[Added 6-26-2012 by Ord. No. 2012-410]
Any Official Map that may be adopted or amended by the Board
of Supervisors in accordance with the PA Municipalities Planning Code.
The map as adopted by the Board of Supervisors classifying
the streets of the Township.[11] See definition of "street classification." This map may
be amended by resolution of the Board of Supervisors.
The map as adopted by the Board of Supervisors which designates
the location and boundaries of zoning districts.
[12]See "sewage disposal system."
Includes all activity which removes from the surface or beneath
the surface of the land some material mineral resources, natural resource
or other element of economic value, by means of mechanical excavation
necessary to separate the desired material from an undesirable one;
or to remove the strata or material which overlies or is above the
desired material in its natural condition and position. "Open-pit
mining" includes but is not limited to the excavation necessary to
the extraction of sand, gravel, topsoil, limestone, sandstone, coal,
clay, shale and iron ore.
The area of a lot unoccupied by principal or accessory structures,
streets, driveways or parking areas; but includes areas occupied by
walkways, patios, porches without roofs, playgrounds, outdoor recreation
or play apparatus, gardens or trees.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active
or passive recreation by residents of a development or the general
public.
If not intended to be publicly owned, is covered
by a process for perpetual maintenance.
Will be deeded to the Township and/or deed restricted
to permanently prevent uses of land other than "common open space"
and noncommercial recreation.
Does not use any of the following areas to meet
minimum open space requirements:
Existing or future street rights-of-way.
Accessways.
Buildings (other than accessory buildings and
pools clearly intended for noncommercial recreation).
Off-street parking (other than that clearly
intended for noncommercial recreation).
Any area needed to meet a requirement for an
individual lot.
Any area deeded over to an individual property
owner for his/her own use.
Land with rights-of-way intended eventually
for overhead electrical transmission of 35 kilovolts or greater capacity.
Any area routinely under water.
The Palmer Township Zoning Ordinance, including the Official
Zoning Map, Official Street Classification Map,[13] and any amendments enacted by the Board of Supervisors.
A building lot separated or separable from a commercial development,
to be sold and/or developed under separate ownership.
[Added 6-26-2012 by Ord. No. 2012-410]
Pennsylvania.
Off-street parking and aisles for vehicles unless otherwise
stated.
An outdoor area that is not covered by a permanent roof and
that is used as an accessory recreation area by the occupants of a
building.
All areas covered by gravel and/or impervious surfaces, other
than areas covered by buildings, bicycle paths and pedestrian sidewalks.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is, to the best knowledge of the Township staff, in accordance with this ordinance and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this ordinance, a "zoning permit" or "a permit under this ordinance" shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.
CONSTRUCTION PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the Township staff, in accordance with the provisions of the Building Code[14] which may be adopted by the Township.
OCCUPANCY PERMITA permit that may be required by the Township that is issued upon completion of the construction of a structure, or change in use of a structure or parcel of land, or reoccupancy of a structure or land, indicating that the premises, to the best knowledge of the Building and Zoning Officers, complies with the provisions of Township ordinances. This shall have the same meaning as a "certificate of use and occupancy."
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Board of Supervisors. (A site plan review by
the Planning Commission and the Board of Supervisors is required for
certain permitted by right uses to ensure that the use would comply
with all Township ordinances.) A "nonconforming use" shall not be
considered to be a "permitted use."
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
mentally retarded and that is licensed as a "personal care center"
by the Commonwealth of Pennsylvania.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve retail or wholesale
sales or services to businesses. "Personal services" include, but
are not limited to, barber- and beauty shops, photography studios,
shoe repair shops, household appliance repair shops and other similar
establishments, but shall not include any adult uses.
[Amended 6-26-2012 by Ord. No. 2012-410]
The keeping of domestic animals that are normally considered
to be kept in conjunction with a dwelling for the pleasures of the
resident family. This shall include dogs, cats, birds, gerbils, fish,
iguanas, turtles, rabbits and other animals commonly sold in retail
pet shops.
An establishment engaged in the retail sale of prescription
or nonprescription drugs and medicines. This use may also include
the sale of associated personal care and/or general household items
as an accessory use.
[Added 6-26-2012 by Ord. No. 2012-410]
An area of open space and pavilions that is not publicly
owned and which is rented for picnics and outdoor recreation.
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.
A place of worship may include one dwelling unit as an accessory use.
If a religious use is primarily residential in nature, it shall be
regulated under the appropriate dwelling type.
An area of land under single ownership containing any combination
of two or more principal uses permitted by right, as a special exception,
or as a conditional use in the district in which the development is
proposed, provided that a special exception or conditional use approval
must be obtained for any proposed use so listed in the regulations
of the district in which the development is proposed.
An area of land to be developed as part of a completely planned
and integrated development, including a variety of housing types,
and which is not required to comply with regulations on lot size,
bulk or type of dwelling, density, lot coverage or required open space
which apply to a district in the Zoning Ordinance, provided that the
PRD is approved within the regulations of Article XXIV of this ordinance
and relevant provisions of the Pennsylvania Municipalities Planning
Code.
[15]The Planning Commission of Palmer Township.
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale, but not primarily including commercial forestry
for lumber. A "plant nursery" may include the growth of trees for
sale for internal decoration of homes, such as a Christmas tree farm.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
[Added 2-19-2001 by Ord. No. 2001-299]
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
Includes printing, publishing, lithographing, photocopying,
bookbinding and similar uses.
[Amended 6-26-2012 by Ord. No. 2012-410]
Includes any occupation or vocation in which a professed
knowledge of some department of science or learning is used by its
practical application to the affairs of others, either advising, guiding
or teaching them and in serving their interests or welfare in the
practice of an art founded on it. The work implies attainments in
professional knowledge as distinguished from mere skill and the application
of such knowledge to uses for others as a vocation. It requires knowledge
of an advanced type in a given field of science or instruction and
study, and some form of professional certification by the commonwealth
or a professional organization.
Has the same meaning as "lot line."
Notice required by the PA Municipalities Planning Code.
This shall include facilities such as electrical substations,
telephone exchange centers and other similar facilities that are operated
by public utility companies. These uses shall be of such a character
that they are compatible with adjacent uses and neighborhoods. In
an LDR, MDR or HDR District, this shall not include uses of a character
such as heavy vehicle storage, business offices or bulk storage. See
also applicable sections of the PA Municipalities Planning Code relating
to Public Utility Commission pre-emption.
[16]Land and/or facilities that are owned by the Township or
another government agency and are available for use by the general
public for leisure and recreation.
An establishment engaged in providing amusement, leisure
or recreational activities and operated for commercial purposes.
[Amended 6-26-2012 by Ord. No. 2012-410]
Noncommercial leisure-time uses that are only open to members,
guests or some specific groups.
A vehicle which is designed primarily to transport a person
for primarily recreational instead of transportation purposes, or
a vehicle that serves as a mobile, temporary dwelling. This may include
a vehicle that is self-propelled, towed or carried by another vehicle,
but shall not include camper cabs that fit over pickup trucks. This
term shall also include the following: watercraft with a hull longer
than 15 feet, motor homes, travel trailers, all-terrain vehicles and
snowmobiles.
An outdoor area used for the storage of three or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that zoning district.
See "bulk recycling center."
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, an emergency services station or a college or
university.
Persons who are closely related by blood, marriage, adoption
or formal foster relationship to result in one of the following relationships:
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; shall not include relationships such
as second, third or fourth cousins.
One or more rooms intended to be occupied by one family as
separate living quarters, but does not contain one or more of the
following: sanitary facilities, kitchen facilities or direct access
from the outside or through a common hall.
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
An establishment engaged in conducting research and experimental
development or analytical testing services in the physical, engineering,
and life sciences, such as agriculture, electronics, environmental,
biology, biotechnology, botany, computers, chemistry, food, fisheries,
forests, geology, health, mathematics, medicine, oceanography, pharmacy,
physics, veterinary and other related subjects. Testing services may
occur in a laboratory or on site.
[Added 6-26-2012 by Ord. No. 2012-410]
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, volleyball court, gazebo, storage shed, greenhouse, children's playhouse and children's play equipment. For skateboard ramps, see residential accessory structure standards in § 190-211.
The C-R, RA, LDR, MDR and HDR Zoning Districts and residential
areas of an approved PRD.
The lot line of a lot that contains an existing dwelling
within 200 feet of such lot line and/or is undeveloped and zoned as
a residential district.
An establishment that sells ready-to-consume
food or drink, that routinely involves the consumption of at least
a portion of such food on the premises and that does not meet the
definition of a "standard restaurant."
A fast-food 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.
A restaurant shall not include a use meeting
the definition of a "nightclub" or an "after-hours club."
An establishment that serves ready-to-consume
food or drink for compensation in which the clear majority of sales
involves the following: the customers order their food from a waiter
or waitress while seated inside a building and then the food is delivered
to the customer's table while the customers are seated and then the
food is consumed at the table.
A "standard 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
must be met.
A restaurant shall not include a use meeting
the definition of a "nightclub" or an "after-hours club."
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.
A professionally engineered structure designed and constructed
to retain the earth on one side at a higher elevation than the earth
on the other side, in such a way that resists the lateral displacement
of soil or other materials, in order to stabilize slopes and provide
usable areas of land at different elevations.
[Added 1-29-2013 by Ord. No. 2013-420]
A residential development limited exclusively to persons
aged 55 years and older and their spouses.
A type of nonhousehold stable.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing street right-of-way line.
RIGHT-OF-WAY, EXISTING OR LEGALThe line separating a lot from the established official street right-of-way that either the Township or the commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this ordinance.
RIGHT-OF-WAY, FUTURELand that is dedicated or is required to be defined or reserved for future dedication for use as a street and for related public improvements. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. See § 190-196. If a "future right-of-way" is not required to be defined, then "future right-of-way" shall have the same meaning as "existing right-of-way."
A market selling only horticultural, dairy or agricultural
products, and where a minimum of 50% of the products offered for sale
were grown or raised on the premises owned or leased by the operator
of the market.
A type of solid waste disposal area involving the depositing
of solid waste on land, compacting the waste, covering the waste with
soil and then compacting the soil, and which has a permit to operate
as a sanitary landfill from the state.
A ground-based reflector, usually parabolic in shape, that
receives electronic signals from a satellite. This term shall also
include any pedestal or attached structure.
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 (such as privately operated schools of trade, vocation
or business).
Year-round plant material of substantial height and density designed to buffer one use from view or from a less intense use. See requirements in § 190-194D.
See "roadside produce market."
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.
Materials pumped from a residential on-lot septic treatment
system that was installed and is maintained in compliance with DER
regulations.
See "auto service station."
See "essential services."
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent future street right-of-way or exterior
lot line (when the property is not abutted by a right-of-way). Such
line shall be measured at right angles from and parallel to the front
lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 190-194B.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
Private streets. For a building setback measured
from a private street, the setback shall be measured from the existing
right-of-way of such a street or the defined access easement lines,
if a right-of-way or easement exists. If a private street does not
have a right-of-way or access easement, then setback shall be measured
from the edge of the cartway.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal requirements.
PUBLIC SEWER SERVICEService at the time of occupancy of a use by a central sewage treatment plant that is owned by a municipality or a municipal or county authority.
ON-LOT OR NONPUBLIC SEWER SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of "public sewer service."
The treated, conditioned digested accumulated settled solids
deposited as a result of sewage treatment processes that occur within
the requirements of a state or federal environmental pollution or
on-lot septic system permit. This shall only include substances adequately
stabilized so that they are suitable for land application. See the
separate Township ordinance on the land application of sewage sludge.
[17]A use involving five or more retail or personal service uses
or establishments that primarily involves retail sales. If two or
more abutting lots each include five or more retail sales uses and
are developed under common or closely related ownership, then those
lots shall together be considered as one shopping center. A shopping
center may also include a mix of permitted personal service, office
and/or commercial recreation use. A mall shall be considered to be
a shopping center.
[Amended 12-17-2001 by Ord. No. 2001-311]
An area required to be kept free of visual obstruction. See § 190-194D.
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 XVIII. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of the sign. However, such perimeter
shall not include any structural or framing elements lying outside
the limits of such sign and not forming an integral part of the display.
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. An "off-premises sign" with a sign area
greater than 50 square feet shall be considered a billboard.
Review of a site plan by the Planning Commission and/or the Board of Supervisors that is required for certain uses under Article XIX.
A use involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a "slaughterhouse."
This shall not include a custom "butcher shop" that does not involve
killing of animals (which is a retail sales use).
An area of land controlled by a single landowner to be developed as a single entity for a number of single-family detached dwellings in compliance with the regulations contained in Article XXIII.
The vertical change of an area of land divided by the horizontal
distance, measured in percent.
Unless otherwise stated, shall mean the appointed Solicitor
to the Palmer Township Board of Supervisors.
Any garbage, refuse, sewage sludge or other
discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, public,
household, commercial or mining activities.
For the purposes of this ordinance, the following
materials shall not be considered to be "solid waste":
Portions of trees or shrubs, leaves, mulch and
rocks.
Substances legally disposed of into the air
or water through a federal or state pollution discharge permit.
Customary residual wastes from a permitted mineral
extraction use.
Materials of a character such as paper, plastic,
aluminum and metal that have been separated from the waste stream
for recycling.
Land or structures where solid waste is processed,
incinerated or disposed of. This shall only include the following
facilities, each of which shall be required to have all permits required
by the state in place prior to initiation of the use: sanitary landfill,
solid waste transfer facility or solid-waste-to-energy facility.
The following uses for the purposes of this
ordinance shall not be considered to be a "solid waste disposal facility":
junkyard, recycling collection center, leaf composting, clean fill
or septage or sludge application.
A type of solid waste disposal facility that utilizes waste
(such as trash, sludge or any other nonhazardous commercial, residential
or industrial materials) as a fuel to produce usable energy (such
as steam or electricity) in bulk to be marketed for reuse to offset
disposal costs. Also see the definitions of each of these terms in
Title 25 of the PA DER regulations.
A type of solid waste disposal facility which receives and
temporarily stores solid waste at a location other than the generation
site, and which facilitates the bulk transfer of accumulated solid
waste to a facility for further processing or disposal, and which
may or may not involve the separation of recyclables from solid waste.
Also see the definitions of each of these terms in Title 25 of the
PA DER regulations.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this ordinance, provided that the use complies with the conditions and standards required by this ordinance. See Article XX.
An establishment engaged in retailing miscellaneous specialty
foods not for immediate consumption and not made on the premises.
[Added 6-26-2012 by Ord. No. 2012-410]
One or more of the following:
Keeping of three or more horses, which may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under the "keeping of pets" (see § 190-211).
A large open or enclosed structure used for sports games
and major events and partly or completely surrounded by tiers of seats
for spectators. See also "auditorium, commercial."
[Added 6-26-2012 by Ord. No. 2012-410]
The Commonwealth of Pennsylvania and its agencies.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988 and as may be further amended.
[18]Those areas having slopes of 15% or more.
An enclosed accessory building maintained primarily for the
convenience of the occupant(s) of the principal building on the lot
and which is not used for the housing of a motor vehicle.
A level of a building routinely accessible to humans having
an average vertical clearance six 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 six feet shall be considered a "half-story."
A public or private thoroughfare which provides the principal
means of access to abutting 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.
The center of the existing street right-of-way or, where
such cannot be determined, the center of the traveled cartway.
The functional classification of streets into the following
types, as shown on the Official Street Classification Map at the end
of this ordinance[19] for existing streets and as determined by the Township
Engineer for future streets:
EXPRESSWAY or MAJOR ARTERIAL STREETDesigned for large volumes and high speed traffic with access limited to grade separated intersections.
MINOR ARTERIAL STREETDesigned to carry a high volume of fast or moderate-speed traffic from collector and local streets to major arterial streets.
COLLECTOR STREETDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties. Major collector streets typically carry more traffic than minor collector streets.
LOCAL STREETDesigned to provide access to the abutting properties, to serve local traffic movement and as a route to collector streets.
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
A street which is planned in a proposed subdivision or land
development plan or approved within a subdivision or land development
plan, but not yet open to traffic.
A street extended to the boundary of the tract being subdivided
or developed to allow for the future continuation of the street into
abutting land.
That which is built or constructed or a portion thereof.
A "structure" shall include, but not be limited
to the following: buildings, signs, stadiums, platforms, communications
towers, walkways, porches or decks, swimming pools (whether above
or below ground), storage sheds, carports, garages and decks.
Any "structure" shall be subject to the principal
or accessory setbacks of this ordinance, as applicable, unless specifically
exempted or unless a specific setback is established for that particular
type of structure by this ordinance.
See the definition in the Township Subdivision and Land Development
Ordinance.
[20]The Palmer Township Subdivision and Land Development Ordinance,
as amended.
[21]See definition in § 190-154. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that is intended to serve the residents of only one dwelling unit
and their occasional guests.
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool. This includes a semipublic pool that serves only residents of a development or members of a club and their occasional guests or a public pool intended to serve the general public. See also the provisions for "recreational facilities" limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 190-19.
A commercial use that involves the sale of beverages and
food to the public, and in which the sale of alcoholic beverages makes
up more than 50% of the total volume of sales, and which does not
meet the definition of a "nightclub." This use may include a brew
pub, which manufactures its own beer products for on-site and off-site
sale. A commercial use that involves a lower percentage of alcoholic
beverage sales shall be considered a "restaurant."
[Amended 6-26-2012 by Ord. No. 2012-410]
A structure or use which is not designed to last or to be
used for a specific use for more than one year or be erected and/or
used for a maximum of 30 days in any calendar year.
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.
An outdoor area devoted primarily to the showing of motion
pictures or theatrical productions to patrons seated in motor vehicles
or outdoors.
The storage of more than 250 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
See "dwelling."
Palmer Township, Northampton County, Pennsylvania.
In certain zoning districts, the tract is the
minimum amount of adjacent land area within the Township that is required
to be approved as part of an overall preliminary subdivision or land
development plan in order to allow either certain types of uses or
to allow the creation of lots smaller than a certain specified lot
area. An area of land shall meet the following requirements in order
to be considered a "tract":
Shall only include lands within an approved
preliminary plan that includes a well-defined internal circulation
system, maximum coordination between lots and carefully limited points
of vehicular access onto streets exterior to the tract; and
Shall only include lands that at the time of the approval of the preliminary plan have one landowner (as defined by Article II), unless the applicant proves to the satisfaction of the Zoning Officer that there is a legally binding commitment between two or more landowners to coordinate the access and development of the tract as shown in the approved preliminary plan; and
Shall include each lot being at least partially
abutting another portion of the tract, except that parts of a tract
may be separated by public streets or a waterway.
It is not required that construction of all
streets or structures within an entire minimum tract occur at one
point in time.
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16. This shall
include a dancing school, martial arts school or ceramics school.
A use (other than a prison or a permitted accessory use in
a hospital) providing housing facilities for persons who need specialized
housing, treatment and/or counseling for stays of less than one year
and who need such facilities because of:
Criminal rehabilitation, such as a criminal
halfway house or a treatment/housing center for persons convicted
of driving under the influence of alcohol.
Addiction to alcohol and/or a controlled substance.
A type of mental illness or other behavior that
could cause a person to be a threat to the physical safety of others.
A use involving the handling of a large variety of materials,
including materials owned by numerous entities, being transported
to a site to be loaded primarily from tractor-trailer trucks. The
trucks engaged in this cause are primarily owned by the owner of the
facility. This use does not involve substantial processing or repacking
of the materials. This use may also involve parking, storage, and
incidental repairs and maintenance of primarily tractor-trailers,
which are owned by the facility owner. A trucking company terminal
may include as clearly accessory uses if they are closely related
to the principal use: repair, washing, refueling, and maintenance
facilities for trucks using the terminal, administrative uses for
the terminal and rest facilities for truck drivers using the terminal.
[Amended 5-20-2002 by Ord. No. 2002-316]
A commercial use that primarily involves providing fuel and
other services to tractor-trailer trucks. This use may also involve
providing repair services, sale of gifts and various household items,
a restaurant, showers and a motel.
An accessory living area especially created for and limited to occupancy by a close relative of the permanent residents of the principal dwelling unit to provide needed care and supervision to such relative. See definition of relative in this section and standards in § 190-211.
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 building, activity outside of a building,
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 not required with a specific requirement of
the Zoning Ordinance. Any variance shall only be granted within the
limitations of the State Municipalities Planning Code.
[22]A building routinely used for the treatment of animals and
related housing or boarding of sick animals. Treatment of "small animals"
includes only small domestic animals, including but not limited to
dogs, cats, rabbits, birds or fowl. Treatment of "large animals" includes
all types of animals, including horses, cows and pigs. Housing primarily
healthy animals shall be considered a "kennel" and shall meet the
requirements of that use.
See "fence." See also "retaining wall, engineered."
[Amended 1-29-2013 by Ord. No. 2013-420]
A building or group of buildings primarily used for the indoor
storage of products, goods, and/or materials for further use in manufacturing
processes or of finished products ready for shipment, but not used
for retail sales, unless such retail sales use is specifically permitted
in that zoning district.
[Added 5-20-2002 by Ord. No. 2002-316]
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
CENTRAL WATER SERVICEService by a central water system that is owned and operated by a municipality, a municipal or county authority or a water company regulated by the State Public Utility Commission, and which transmits water from a common source to more than 30 dwellings or principal uses.
PUBLIC WATER SERVICECentral water service by a system owned by a municipality or a municipal or county authority.
ON-LOT OR NON-PUBLIC WATER SERVICEService by a water system that does not meet the definition of a "central water service." In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
(NOTE: As of 1993, the following was the official U.S. Army Corps
of Engineers' definition of wetlands: "Those areas that are inundated
or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs
and similar areas." "Wetlands" are technically defined on the basis
of types of vegetation and soils and the level of the water table
below the surface. As of 1993, the U.S. Army Corps of Engineers and
DER enforce the wetlands regulations.)
An establishment or place of business engaged in selling
merchandise to retailers, business users, other wholesalers or their
agents or brokers and not to the general public.
[Amended 6-26-2012 by Ord. No. 2012-410]
An area not covered by buildings and that is on the same lot as the subject structure or use. Regulations of specific districts prohibit principal and accessory structures within specified required minimum yards. See § 190-194 regarding setbacks from power transmission line rights-of-way and regarding exceptions to yard requirements.
An area required to be open to the sky and not covered by
buildings between the front lot line (which usually is the future
street right-of-way line) and a line drawn parallel to such front
lot line at a distance specified by the applicable section of this
ordinance. 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.
When a lot abuts onto two or more public streets, the applicant may choose which is the front yard, unless the Zoning Officer determines that the front yard should follow the clearly predominant front yard orientation of the development of abutting lots. See also § 190-194 regarding setbacks on corner lots. If two front yards are required, then two side yards shall be required but a rear yard is not required.
No accessory or principal structure shall extend into the required front yard, except as provided in § 190-194B(4) or another specific provision of this ordinance.
An area required to be open to the sky and not covered by buildings between the rear lot line and a line drawn parallel to such rear lot line at a distance specified by the applicable section of this ordinance. Such "yard" shall extend the full width of the lot from side lot line to side lot line. (A principal building shall not extend into the required rear yard 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 ordinance.) See exceptions in § 190-194B(4).
An area required to be open to the sky and not covered by buildings between each side lot line and a line drawn parallel to each side lot line at a distance specified by the applicable section of this ordinance. Such "yard" shall extend the entire length of the lot from the front lot line to the rear lot line. A structure shall not extend into the applicable minimum side yard, except as provided for in this ordinance. See exceptions in § 190-194B(4).
Generally shall mean the designation of specified districts
within a municipality, reserving each district for certain uses, together
with limitations on lot area, heights of structures and other stipulated
requirements.
The Official Zoning Map of Palmer Township, Northampton County,
Pennsylvania.
[23]The administrative officers charged with the duty of enforcing
the provisions of the Zoning Ordinance or his or her officially designated
assistant(s).
The Palmer Township Zoning Ordinance, as amended.
[2]
Editor’s Note: The definition of “adult bookstore,”
which immediately followed this definition, was repealed 6-26-2012
by Ord. No. 2012-410.
[3]
Editor’s Note: The definitions of “adult live
entertainment facility,” “adult movie theater,”
and “adult use,” which immediately followed this definition,
were repealed 6-26-2012 by Ord. No. 2012-410.
[4]
Editor's Note: See 68 Pa.C.S.A. § 5502.
[5]
Editor's Note: See 18 Pa.C.S.A. § 7327.
[6]
Editor's Note: The Unit Property Act of 1963
was repealed 1980, July 2, P.L. 286, No. 82, § 2. See now
68 Pa.C.S.A. § 3101 et seq.
[7]
Editor's Note: See 68 Pa.C.S.A.
§ 3101 et seq.
[8]
Editor's Note: See Ch. 165, Subdivision and Land Development. The definitions of “distribution” and “distribution use,” which immediately followed this definition, were repealed 6-26-2012 by Ord. No. 2012-410.
[10]
Editor's Note: See 53 P.S. § 10101
et seq.
[11]
Editor's Note: The Official Street Classification
Map is on file in the Township offices.
[12]
Editor's Note: The Official Zoning Map is
on file in the Township offices.
[13]
Editor's Note: Said maps are on file in the
Township offices.
[15]
Editor's Note: See 53 P.S. § 10101
et seq.
[16]
Editor's Note: See 53 P.S. § 10101
et seq.
[18]
Editor's Note: See 53 P.S. § 10101
et seq.
[19]
Editor's Note: The Official Street Classification
Map is on file in the Township offices.
[22]
Editor's Note: See 53 P.S. § 10101
et seq.
[23]
Editor's Note: The Official Zoning Map is
on file in the Township offices.
