Township of Washington, PA Terminology

A use customarily incidental and subordinate to the principal use and located on the same lot at the principal use, including wind and solar devices.

ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE

Without limiting the foregoing, the extraction, but not processing, of gravel for use as base material for construction on the property from which the gravel was extracted, and not for sale or for use on the property of others.

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, video or laser disc players or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

[Added 4-6-1999 by Ord. No. 3-99]

[Added 4-6-1999 by Ord. No. 3-99]

A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

[Added 4-6-1999 by Ord. No. 3-99]

Persons who appear in a state of nudity or seminudity;

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

ADULT MOTION-PICTURE THEATER

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT DAY CARE

A nonresidential facility used for community based programs for functionally impaired or disabled adults that provide a variety of health, social and related services.

[Added 5-16-2007 by Ord. No. 2-07]

ADULT ENTERTAINMENT USES

Includes adult arcades, adult bookstores, adult novelty stores or adult video stores, adult cabarets, adult motion-picture theaters, adult theaters, escort agencies, nude model studios and sexual encounter centers.

[Added 4-6-1999 by Ord. No. 3-99]

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

[Added 4-6-1999 by Ord. No. 3-99]

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

[Added 4-6-1999 by Ord. No. 3-99]

AGE-RESTRICTED RESIDENTIAL COMMUNITY (ARRC)

A residential development with lots of record set forth on a subdivision that shall have a declaration of covenants restricting the development to age 55 or older as noted in the Fair Housing Act, Section 807(b)(2)(C). The development may include community and recreational structures incidental to such developments. Age-restricted residential communities shall be a conditional use in the R-1 and R-2 Zoning Districts.

[Added 5-16-2007 by Ord. No. 2-07]

AGRICULTURE

Any agricultural use, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, animal husbandry, poultry husbandry and harvesting of timber.

APARTMENT

Any structure containing more than two dwelling units and originally designed and constructed for occupancy by more than two families. For the purpose of this chapter, "apartment" shall not mean an existing single- or two-family dwelling or any other structure which is subsequently altered or converted to accommodate more than two families. See §§ 150-44 and 150-45 of this chapter.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

Any person, partnership, operator, company, owner, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing or transporting oil or gas.

[Added 7-5-2011 by Ord. No. 1-11]

Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

AREA

Area of a lot or site shall be calculated from dimensions derived by horizontal projection of the site.

AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."

[1]

BASEMENT

A story having more than 50% of its clear height below finished grade. A basement is not considered part of a heated living area. An underground house is not considered a basement. Bomb shelters are not considered basements nor a second residence.

BED-AND-BREAKFAST INNS

Single-family residences or portions thereof containing not more than two guest rooms which are used by not more than five guests, where rent is paid in money, goods, labor or otherwise.

BOARD

The Zoning Hearing Board of Washington Township, Erie County, Pennsylvania 16412. See Article VIII of this chapter.

BOARDING- , ROOMING, TOURIST, FRATERNITY OR LODGING HOUSES

See § 150-35 of this chapter.

BOTTLE CLUBS

A place of assembly owned, maintained or leased, for pecuniary gain, in which no intoxicating liquors are sold, but where patrons are permitted to bring intoxicating liquors upon the premises for their own use and consumption.

BUILDING

Anything constructed or erected, the use of which requires a fixed location on the ground or attachment to something having a fixed location to the ground, including addition to buildings, signs, carports, porches, decks, garage-type corn cribs and other building features. Not included in this definition and which need not apply for a building permit include television satellite receivers, silos, corn cribs (non-garage-type), grain bins, sidewalks, driveways, patios, fences and buildings with less than 100 square feet. Silos and grain bins should meet setback requirements. Commercial silos and grain bins require a building permit. Private aboveground swimming pools do not need a building permit.

BUILDING HEIGHT

The vertical distance from the elevation at the average ground level as measured at the building setback line to the highest point of the deck of a flat roof, or a mansard roof, or to the mean height between the eaves and the ridge for gable, hip or gambrel roofs.

BUILDING LINE

An imaginary line fixed by the required yard depth measured from the property line to the nearest point that a building may be constructed to the front, rear or side yards.

BUSINESS OFFICE

Any office use not satisfying the definition of "professional office" shall be considered a "business office."

[Added 11-8-2006 by Ord. No. 6-06]

BUSINESS SERVICE

A business activity which renders service to other commercial or industrial enterprises.

CAMPER

A vehicular portable structure to be mounted on a chassis or wheels and towed or constructed as an integral part of a self-propelled vehicle for use as a temporary dwelling for travel, recreation and vacation, commonly known as "travel trailers," "pickup coaches," "motor homes" or "camping trailers."

CAMPGROUND

A tract or tracts of land, or any portions thereof, used for the purpose of providing sites for the temporary use of trailers, campers or tents, as hereinafter defined, for camping purposes with or without a fee being charged for the leasing, renting or occupancy of such space.

CAMPGROUND, COMMERCIAL

Accommodations provided to the public for a fee, which include such facilities as permanent or temporary structures for living purposes or sites tailored for handling recreational vehicles for a temporary duration or extended leasing with provisions for water and sewage service that meets the standard of the Erie County Health Department.

[Added 7-5-2011 by Ord. No. 1-11]

CAMPGROUND, PRIVATE

A private campground that is not intended for use by the general public, no fee use is charged, and water and sewage facilities must meet the same requirements as for residential uses.

[Added 7-5-2011 by Ord. No. 1-11]

CAMPSITE

A parcel of land in an organized camp or campground for the placement of a single trailer and/or tent and the exclusive use of its occupants.

CARTWAY

In the case of an improved road, the portion which is paved or improved for travel; and, in the case of an unimproved road, the entire grade surface.

CHILD DAY-CARE CENTER

A child day-care facility in which seven or more children who are not related to the operator receive child care. A child-care center must have a license from the Department of Public Welfare and comply with all regulations for parking and all utilities such as water and sewer capacity.

[Added 11-8-2006 by Ord. No. 6-06]

CHURCH

An establishment designed and intended for religious instruction or public worship and designated as tax-exempt by the Erie County Tax Assessment Office.

CLINIC

Any establishment where patients are examined and treated by doctors or dentists but not hospitalized overnight. Hospitals have facilities for overnight and extended stays.

CLUB

An establishment operated for social, recreational, athletic or educational purposes, but open only to members and not to the general public.

CODE

Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, as amended.

[2]

COLLOCATION

The placement of a communications antenna on an existing structure other than a residence. Collocations shall be the preferred method of placement of communications antennas.

[Added 5-1-2001 by Ord. No. 3-01]

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas.

[Added 5-1-2001 by Ord. No. 3-01]

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

[Added 5-1-2001 by Ord. No. 3-01]

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.

[Added 5-1-2001 by Ord. No. 3-01]

COMPRESSOR STATION

A facility designed and constructed to compress natural gas and/or oil that originates from a gas and/or oil well, or collection of such wells, operating as a midstream facility for delivery of gas and/or oil to a transmission pipeline, distribution pipeline, processing plant or underground storage field, including one or more natural gas and/or oil compressors, associated buildings, pipes, valves, tanks and other equipment.

[Added 7-5-2011 by Ord. No. 1-11]

CONDITIONAL USE

A use or activity which the Township Council is permitted to authorize in specific instances listed in this chapter, under the terms, procedures and conditions prescribed herein. See Article IX of this chapter.

CONDOMINIUM

A form of ownership of space and use in a multifamily dwelling. See § 150-44 of this chapter.

CONSERVANCY LOT

A large, privately owned lot, comprising part of an area of open land. The purpose of the conservancy lot is to provide surrounding residents with visual access to greenway land, while keeping the land under private ownership and maintenance. Only a small portion of such lots may be developed; the remainder must be protected through conservation easements and used in conformance with standards for greenway land. Public access to conservancy lots is not required.

[Added 7-2-2002 by Ord. No. 3-02]

CONSERVATION AREA, PRIMARY

Environmentally constrained lands comprised of floodplains, submerged wetlands, and prohibitive steep slopes (above 25%).

[Added 7-2-2002 by Ord. No. 3-02]

CONSERVATION AREA, SECONDARY

Features, such as precautionary slopes (15% to 25%), seasonal high water table soils, woodlands, visual resources, and other features, which do not create severe limitations for development but which designation as greenway areas, along with the preservation of primary conservation areas, is desirable for purposes of providing an interconnected system of open space and recreation.

[Added 7-2-2002 by Ord. No. 3-02]

CONSERVATION DESIGN

A form of subdivision in which development areas are designed around open space which is identified first.

[Added 7-2-2002 by Ord. No. 3-02]

CONTINUING CARE RETIREMENT COMMUNITIES (CCRC)

A retirement community development comprised of various living choices such as patio homes, apartments, studio suites and nursing facilities. The campus style of living is designed to provide access to medical care, senior services, and social and recreational activities. The development may be fee-based or a part of a condominium or homeowners association. CCRC developments are a conditional use in the R-2 Zoning Districts and a permitted use in the C-1 and B-1 Zoning District. All facilities of this type must be licensed by the Commonwealth of Pennsylvania Insurance Department.

[Added 5-16-2007 by Ord. No. 2-07; amended 6-16-2015 by Ord. No. 2-15]

COUNCIL

The Washington Township Council, Washington Township, Erie County, Pennsylvania.

COVERAGE, MAXIMUM LOT

The total allowable percentage of the lot area covered by principal and accessory use.

DECISION

The order of the Board or other body granted jurisdiction under this chapter is a final adjudication. All decisions shall be appealable to the Court of Common Pleas of the county and judicial district wherein the municipality lies.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth of Pennsylvania, and its authorized representatives.

DESIGN GUIDELINES

Criteria developed to identify design concerns and help to ensure that rehabilitation, restoration, alteration, reconstruction, and erection of buildings and structures is compatible with the character of designated historic buildings, structures, resources, and districts.

[Added 7-2-2002 by Ord. No. 3-02]

DETERMINATION

[Amended 7-2-2002 by Ord. No. 3-02]

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

(a)

The governing body;

(b)

The Zoning Hearing Board; or

(c)

The planning agency, only if and to the extent that the planning agency is charged with final decision on preliminary or final plans under Chapter 119, Subdivision and Land Development, or conservation design development provisions.

ENVIRONMENTALLY CONSTRAINED or SENSITIVE LANDS

Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT PLAN

The provisions for development, including location and bulk of buildings and other structures, intensity of use or density, conservation design development, a plat of subdivision, all covenants relating of development, streets, ways or parking facilities, open space land and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.

[Amended 7-2-2002 by Ord. No. 3-02]

DRILLING OPERATION

The development of land using an implement or equipment designed to bore into the earth for the purpose of the recovery of natural resources or the recovery of energy used to activate the geothermal resources from the earth.

[Added 5-16-2007 by Ord. No. 2-07]

DRIVE-IN FACILITY

A commercial business that provides service to the occupants of a vehicle from a window, booth or other structure designed to provide such service while the patrons are parked in an off-street parking space. This shall include but not be limited to such establishments as drive-in banks, drive-in beverage distributors, restaurants, laundries and service stations. Also included in this category are automobile washing facilities that are designed to allow the vehicle to be driven or propelled through a wash bay.

DUPLEX DWELLING

A building designed for or occupied by two families living independently of each other.

DWELLING

Any structure or portion thereof designed or used as the living quarters for one or more families.

DWELLING, MULTIFAMILY

A building designed for or occupied by three or more families living independently of each other, with separate living, cooking, sanitary and entrance facilities for each.

DWELLING, MULTIPLE

See § 150-35 of this chapter.

DWELLING, SINGLE-FAMILY

A detached building designed for and used exclusively for occupancy by one family and having a minimum of 720 square feet of heated living area on a permanent foundation; except, however, that in an R-1 area, a single-family dwelling must have a minimum of 1,200 square feet of heated living area on a permanent foundation.

DWELLING UNIT

One or more living and/or sleeping rooms, together with exclusive cooking and sanitary facilities for one family.

EASEMENT

A right granted by a property owner for the use of a portion of the landowner's land by the general public, utility, corporation, or person for a specific purpose or purposes through which no positive or appurtenant rights, including rights of ownership, are conveyed to the grantee.

[Added 7-2-2002 by Ord. No. 3-02]

EMPLOYEE

For the purposes of any and all sections relating to the regulation of adult entertainment uses, a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

[Added 4-6-1999 by Ord. No. 3-99]

Those areas subtracted from the total area of a tract to produce the "adjusted tract area." See "tract area, adjusted."

[Added 7-2-2002 by Ord. No. 3-02]

ESCORT

A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

[Added 4-6-1999 by Ord. No. 3-99]

ESCORT AGENCY

A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

[Added 4-6-1999 by Ord. No. 3-99]

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including structures.

ESTABLISHMENT

For the purposes of any and all sections relating to the regulation of adult entertainment uses, any of the following:

[Added 4-6-1999 by Ord. No. 3-99]

The opening or commencement of any sexually oriented business as a new business;

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

The addition of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business.

FAMILY

A collective body of one or more persons living together as a separate housekeeping unit in a relationship based upon blood, marriage, adoption or law, plus necessary domestic help which shall not exceed two individuals except by special exception before the Zoning Hearing Board with proper documentation.

FARM AND CONSTRUCTION EQUIPMENT SALES AND SERVICE

A collective body of not more than four unrelated or not-all-related persons living and cooking together as a single housekeeping unit.

FAMILY DAY-CARE HOME

A child day-care facility located in a home as a home occupation in which no more than six children who are not related to the caregiver receive child care. A certificate of registrations is required from the Department of Public Welfare before a certificate of occupancy is issued to legally operate.

[Added 11-8-2006 by Ord. No. 6-06]

A business that sells and services farm and construction equipment, either new or used. Such equipment and accessories may include farm and lawn care equipment.

[Added 11-8-2006 by Ord. No. 6-06]

FRATERNITY HOUSE

See § 150-35 of this chapter.

FRONT LINE

See "building line."

FROST DEPTH

The frost line in Washington Township, as defined by the United States Meteorology Department; advises a depth of 36 inches below the ground level.

GOVERNING BODY

The Washington Township Council.

GREENWAY LAND or OPEN SPACE LAND

That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land may be accessible to the residents of the development and/or the Township, or it may contain areas of conservancy lots, which are not accessible to the public.

[Added 7-2-2002 by Ord. No. 3-02]

GROUP DAY-CARE HOME

A child-care facility located in a home in which seven through 12 children of various ages or in which seven through 15 children from forth grade through 15 years of age who are not related to the operator receive child care. A group day-care home must have a license from the Department of Public Welfare in order to legally operate. A certificate of occupancy is required and compliance with parking and all utilities such as water and sewer capacity are required.

[Added 11-8-2006 by Ord. No. 6-06]

GUEST ROOM

A room which is intended, arranged or designed to be occupied or which is occupied by one or more guests, but in which no provisions are made for cooking. Residential noncommercial guest rooms shall be within or attached to the principal residence and shall be a part of the residential utility (sewer, electric, etc.) service line, and shall have access to a complete bathroom facility separate from the bathroom facility used by the primary residence.

HEARING

An administrative proceeding conducted by a board pursuant to § 909.1 of Act 170, the Pennsylvania Municipal Code.

[3]

HEAVY EQUIPMENT STORAGE FACILITIES

Heavy equipment truck storage facilities in this chapter shall be considered a building or group of buildings and grounds used for parking, storing, repairing and dispatching of large equipment, such as but not limited to dump trucks, backhoes, bulldozers, shovelhoes, skidders, hauling trailers, excavators, tankers or similar which may contain an operational headquarters or office, and outside storage of equipment shall be limited to four pieces of equipment per acre in used parcel.

HEIGHT OF A COMMUNICATIONS TOWER

The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower. When a tower is to be located on a grade, the ground level shall be the average of the lowest and highest points on the land covered by the tower, including the area covered by guy wires, if applicable.

[Added 5-1-2001 by Ord. No. 3-01]

HOME OCCUPATIONS

See § 150-27 of this chapter. Any occupation or profession which is customarily carried on in a dwelling unit or a structure or building accessory to a dwelling unit, and is carried on by a member of the family residing in the dwelling unit, with not more than one employee outside the family, and is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

HOMEOWNERS' ASSOCIATION

A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owner property. This term is synonymous with property-owners' association.

[Added 7-2-2002 by Ord. No. 3-02]

HOSPITAL

A building or group of buildings having room facilities for overnight patients, used for providing services for the inpatient medical or surgical care of sick or injured humans, which may include related facilities, central service facilities and staff offices; provided, however, that such related facilities must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

HOTEL

A building in which lodging or boarding and lodging are provided for more than 20 persons, primarily transient, and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all times. As such, it is open to the public, in contradistinction to a boarding- , rooming or lodging house, or an apartment house, which are herein separately defined. A hotel may include taverns, or club rooms, restaurants, public banquet rooms, ballrooms and meeting rooms.

INDOOR RECREATION

A building, structure or portion thereof used principally for indoor recreation, sports, or leisure activity, conducted as a commercial enterprise or otherwise as a principal use, the term includes but is not limited to billiard parlors, bowling halls, motion picture theaters, amusement or video game centers, indoor sports facilities, gymnasiums, physical fitness centers, martial arts schools and dance schools.

[Added 11-8-2006 by Ord. No. 6-06]

INTERCHANGE

An access point on a limited-access highway between a local or state highway and the limited-access highway.

JUNK

Discarded materials, articles or things possessing value in part, gross or aggregate, and including but not limited to scrapped motor vehicles and parts thereof, including motors, bodies of motor vehicles and vehicles which are inoperable and do not have a current and valid inspection sticker as required by the Commonwealth of Pennsylvania; except, however, motor vehicles used exclusively for farm use shall not come within this definition.

JUNKYARD

Any place or establishment where junk is stored or accumulated on the outside of any building, edifice or structure that is enclosed on all sides, or where the business of selling, buying or dealing in junk is carried on or where two or more motor vehicles are stored which are unlicensed, inoperable and do not have a current and valid inspection sticker as required by the Motor Vehicle Laws of the Commonwealth of Pennsylvania; except, however, motor vehicles used exclusively for farm use shall not come within this definition.

[4]

LAND DEVELOPMENT

Any of the following activities:

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or

(b)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

A subdivision of land.

MEDICAL MARIJUANA DISPENSARY

Development in accordance with § 503(1.1) of Act 170.[5]

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.

LIGHT MANUFACTURING

The making or processing of materials into finished products through small-scale industrial operations which meet the performance standards as set forth in this chapter in Article VII.

LOADING SPACE

A space on a lot usable for the standing, loading or unloading of trucks and having a minimum dimension of 12 feet by 40 feet with a vertical clearance of 14 feet.

LODGING HOUSE

See § 150-35 of this chapter.

LOT

A parcel of land occupied or capable of being occupied by one or more structures.

LOT, CORNER

A lot at the junction of and fronting on two or more intersecting street rights-of-way. Any corner lot that is being built on must meet front yard setbacks for both streets.

LOT, DEPTH OF

A mean horizontal distance between the front and rear lot lines.

LOT, MINIMUM AREA OF

The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

LOT OF RECORD

Any lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Erie County.

LOT WIDTH

The mean width measured at right angles of its depth.

MANUFACTURED HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation if located in an approved manufactured home park. This term is interchangeable with "modular or mobile home."

MANUFACTURED HOME LOT

A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single manufactured home.

MANUFACTURED HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more manufactured home lots for the placement thereon of manufactured homes.

MAP

The Official Map of Washington Township, Erie County, Pennsylvania.

[6]

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MEDICAL MARIJUANA

Marijuana for certified medical use as set forth in the Pennsylvania Medical Marijuana Act.[7]

[Added 6-6-2017 by Ord. No. 2-17]

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana.

[Added 6-6-2017 by Ord. No. 2-17]

MEDICAL MARIJUANA GROWER/PROCESSOR

[Added 6-6-2017 by Ord. No. 2-17]

MEDICAL MARIJUANA ORGANIZATION

A medical marijuana dispensary or medical marijuana grower/processor.

[Added 6-6-2017 by Ord. No. 2-17]

MEDICAL MARIJUANA PERMIT

An authorization issued by the Pennsylvania Department of Health to a medical marijuana organization to conduct activities under this act.

[Added 6-6-2017 by Ord. No. 2-17]

MINI WAREHOUSE

A structure or structures containing separate storage spaces of varying sizes, leased or rented on an individual basis. In the C-1 District, no mini warehouse shall be permitted closer than 2,500 feet to another existing mini warehouse.

[Added 11-8-2006 by Ord. No. 6-06; amended 9-5-2017 by Ord. No. 4-17]

MONOPOLE

An antenna support structure consisting of a single pole or spire constructed without guy wires or ground anchors.

[Added 5-1-2001 by Ord. No. 3-01]

MOTEL, MOTOR COURT, TOURIST COURT or MOTOR LODGE

A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public, in contradistinction to a boarding- or lodging house or a multiple dwelling; the same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress and egress to rooms need not be through a lobby or office and parking is usually adjacent to the rooms.

MOTOR VEHICLE ACCESSORY SALES AND SERVICE

A facility which for its principle use sells, at retail, automobile and truck accessories, which may include but is not limited to parts, tires, batteries, which may or may not include facilities for installing such accessories. The sale of motor fuels is not included in this definition.

[Added 11-8-2006 by Ord. No. 6-06]

MOTOR VEHICLE SALES AND SERVICE

Any area of land, including structures thereon, for which its principle use is the display or sale of new and/or used automobiles, motorcycles, trucks, cargo trailers, recreational vehicles or other vehicles requiring registration for road use, and which may or may not include the repair of vehicles. The sale of motor fuels is not included in this definition.

[Added 11-8-2006 by Ord. No. 6-06]

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945."

[8]

MUNICIPAL ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.

MUNICIPALITY

Any city of the second class or third class, borough, incorporated town, Township of the first or second class, county of the second class through the eighth class, home rule municipality or any similar general-purpose unit of government which shall hereafter be created by the General Assembly.

NATURAL GAS PROCESSING PLANT

A facility designed and constructed to remove materials such as ethane, propane, butane and other constituents or similar substances from natural gas, to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets, but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.

[Added 7-5-2011 by Ord. No. 1-11]

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURES

A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structures, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment to its location by reasons of annexation.

NUDE MODEL STUDIO

Any place where a person appears seminude, in a state of nudity or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:

[Added 4-6-1999 by Ord. No. 3-99]

That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing;

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

NUDITY or A STATE OF NUDITY

Where no more than one nude or seminude model is on the premises at any one time.

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the areola and/or nipple; or the showing of the covered male genitals in a discernibly turgid state.

[Added 4-6-1999 by Ord. No. 3-99]

OFF-STREET PARKING

See § 150-24 of this chapter.

OIL AND GAS DEVELOPMENT

The well site preparation, well site construction, drilling, hydraulic fracturing and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and, the installment and use of all associated equipment, including tanks, meters and other equipment and structures, whether permanent or temporary. This also includes the site preparation, construction, installment, maintenance and repair of oil and gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. This does not include compressor stations and natural gas processing plants or facilities performing the equivalent functions that operate as midstream facilities that are only authorized by Washington Township as a conditional use.

[Added 7-5-2011 by Ord. No. 1-11]

OPERATOR

The person or company designated as the well operator on the drilling permit or well registration.

[Added 7-5-2011 by Ord. No. 1-11]

OUTDOOR RECREATION

A lot with or without accessory structures, buildings, and other site improvements used for outdoor recreation, sports, or leisure activity by a gathering or congregation of persons with or without levy of an admission fee, for a common purpose conducted as a commercial enterprise or otherwise as a principal use. The term includes but is not limited to open air theaters, field sports facilities, golf courses, water sports facilities, field houses, race tracks (motor and animals), motor vehicle racing, go-cart and miniature auto tracks, etc.

[Added 11-8-2006 by Ord. No. 6-06; amended 7-5-2011 by Ord. No. 1-11]

OUTSIDE RECREATIONAL USE

Uses for recreational purposes which are predominantly outside activities, such as golf courses, softball, tennis, football, outside swimming and hiking, but excluding such commercial activities as miniature golf, driving ranges, etc.

PENNSYLVANIA PLANNING CODE

See "code."

PERMITTED USE

The main or primary purpose for which a building or other structure and/or land may be used, occupied or maintained under provisions of this chapter; the use or any other provisions prescribed for the zoning district in which a building, structure or property is located.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

[Added 4-6-1999 by Ord. No. 3-99]

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of a municipal zoning ordinance.

PLANNING AGENCY

A planning commission, planning department or planning committee of the governing body.

PLAT

The map or plan of a subdivision or land development, whether preliminary or final.

PRIVATE OIL AND GAS WELL

A well for oil and gas extraction drilled exclusively for a private property owner for the purpose of providing energy for a home, business or commercial or industrial entity that is owned by the property owner, and the oil and gas product is used exclusively on a lot or lots of record by the same property owner, and the oil and gas product is not for sale, assignment, or trade to others of the extracted resources.

[Added 7-5-2011 by Ord. No. 1-11]

PROCESSING OPERATIONS OF SURFACE NONCOAL MINING

The preparation or processing of dust-producing mineral products, including crushed stone, processed sand, gravel, topsoil and stone, transported into the processing site from another site or sites. For the purpose of this identification, "site" shall mean a single parcel of real estate, bearing an individual Erie County tax identification number, or contiguous single parcels of real estate with identical fee simple owners, with ownership in all parcels being identical in character and percentage interest.

[Added 7-5-2000 by Ord. No. 8-2000]

PROFESSIONAL OFFICE

The office of a physician, dentist, lawyer, engineer, architect, accountant or other duly licensed or certified professional.

[Added 11-8-2006 by Ord. No. 6-06]

PROTECTED STRUCTURE

Any occupied residence, commercial, business, school, religious institution or other public building located within 1,000 feet of the surface location of an oil or gas well, including structures such as garages and barns or other accessory buildings and structures which may be impacted by noise generated from drilling or hydraulic fracturing activity at a well site. The term shall not include any structure owned by an oil or gas lessor who has signed a lease with the operator granting surface rights to drill the subject well, or whose owner (or occupants) has (have) signed a waiver relieving the operator from implementation of the measures established in § 150-32 of the Washington Township Code for the owner's (occupant's) benefit.

[Added 7-5-2011 by Ord. No. 1-11]

PUBLIC GROUNDS

Parks, playgrounds, trails, paths and other recreational areas and other public areas;

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

PUBLIC UTILITY TRANSMISSION TOWER

Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."

[9]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.

[Added 5-1-2001 by Ord. No. 3-01]

REAR DEPTH

The mean horizontal distance between the rear of the structure and the rear lot line.

RECREATION FACILITY (MINOR)

A privately operated indoor business for profit or nonprofit which offers instruction, membership or access, whether for a fee or not, for activities such as but not limited to the following: dance, archery, martial arts, gymnastics, chess or card clubs, health and fitness and weight loss studios.

[Added 11-8-2006 by Ord. No. 6-06]

RENEWABLE ENERGY SOURCE

Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including but not limited to biomass conversion, geothermal energy, solar and wind energy and hydroelectric energy and excluding those sources of energy used in the fission and fusion processes.

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESIDENTIAL CONDOMINIUM ASSOCIATION

A type of ownership or multiple residences in which persons have exclusive ownership of a particular unit (home) and, in addition, an interest in the common elements associated with the property. The common elements may include interest in common roads, trails, open space, and infrastructure (water, stormwater, sewer) facilities. Interest and participation in the association shall be required regardless in what manner the units are arranged or owned.

[Added 11-8-2006 by Ord. No. 6-06]

RESTAURANT, TAKE-OUT

Any establishment whose principal business is the sale of food, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposable containers, for consumption elsewhere on or off the premises.

[Added 11-8-2006 by Ord. No. 6-06]

RETAIL BUSINESS

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such goods.

[Added 11-8-2006 by Ord. No. 6-06]

RETAIL GAS OUTLET

An establishment that sells gasoline to the public. This includes service stations, convenience stores, car washes or any other facility that sells gasoline.

[Added 11-8-2006 by Ord. No. 6-06]

RIDING ACADEMY

A parcel of property used for the following purposes: the letting of horses for hire to individuals or groups, whether supervised or not, or horseback riding instruction and the boarding of horses. Special events such as horse shows must comply with the Township's mass gathering ordinance[10] and provide adequate parking and sanitary facilities.

[Added 11-8-2006 by Ord. No. 6-06]

ROAD

The entire right-of-way of a public street or highway.

ROOMING HOUSE

See § 150-35 of this chapter.

SEMINUDE or IN A SEMINUDE CONDITION

The state of dress in which clothing partially or opaquely covers specified anatomical areas.

[Added 4-6-1999 by Ord. No. 3-99]

SEXUAL ENCOUNTER CENTER

A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

[Added 4-6-1999 by Ord. No. 3-99]

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

SEXUALLY ORIENTED BUSINESS

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

[Added 4-6-1999 by Ord. No. 3-99]

SIDE YARD

The mean horizontal distance between the structure and side lot line.

SIGN

Any structure or natural object, such as a tree, rock and the ground itself, or a device attached thereto or painted or represented thereon, which is used to attract the attention to any object, product, place, activity, person, institution, organization or business or which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement. For the purpose of this chapter, the word "sign" does not include the flag, pennant or other insignia of this nation, state or city or other political unit or any political, charitable or civic or like campaign, nor does it include legal notices, addressed or official signs of any governmental agency. A billboard shall be considered as any signboard in excess of 50 square feet.

SPECIAL EXCEPTION

A use or activity which the Zoning Hearing Board is permitted to authorize in specific instances listed in this chapter, under the terms, procedures and conditions prescribed herein.

SPECIALIZED ANIMAL RAISING AND CARE

The use of land and structures for the raising and care of fur-bearing animals, the stabling and care of horses, animal kennels, bird raising and similar operations. See § 150-29B of this chapter.

SPECIAL TOURIST FACILITY

A facility or establishment intended to promote tourism, including bed-and-breakfast inns, cabin rentals, ski areas, ski resorts, and meeting/convention facilities.

[Added 11-8-2006 by Ord. No. 6-06]

SPECIFIED ANATOMICAL AREAS

The human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.

[Added 4-6-1999 by Ord. No. 3-99]

SPECIFIED SEXUAL ACTIVITIES

Any of the following:

[Added 4-6-1999 by Ord. No. 3-99]

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or