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