Words used in the present tense include the
future tense; the particular controls the general; the singular includes
the plural and the plural the singular; the words "person" or "developer"
include a firm, associations, partnership, trust, company, or corporation
as well as an individual; the masculine includes the feminine; the
word "shall" is mandatory, and the word "may" permissive; the words
"used" or "occupied" include the words "intended, arranged, maintained
or designed to be used or occupied"; the word "lot" includes the words
"plot" or "parcel"; periods of time defined by a number of days refer
to a number of consecutive calendar days, including all weekend days,
holidays, and other nonbusiness days; and words used in this chapter
and not otherwise defined in this article shall have the same meanings
as in a standard dictionary.
As used in this chapter, the following terms
shall have the meanings indicated:
The vehicular passage between a street and parking spaces
that abuts the parking spaces on one or both sides for part or all
of the lane's length.
A structure or building detached from a principal building
located on the same lot and customarily incidental and subordinate
to the principal building or use.
An activity or use that is incidental and subordinate to,
but customarily found in connection with, the principal use on the
lot.
The lands and buildings owned by Adams Township for the public
use and protection of the residents and property owners, including
any authority or department with jurisdiction, but not including the
underground and overhead distribution and collection systems providing
water, gas, electric, telephone, and cable TV service or sanitary
sewage drainage.
A land use policy which recognizes the reuse of existing
structures meeting standards established by this chapter.
[Amended 9-29-2008 by Ord. No. 125]
An establishment consisting of, including, or having the
characteristics of any or all of the following:
[1]
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade, and offers for sale, books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
ADULT CABARET:
An establishment devoted to adult entertainment,
either with or without a liquor license, presenting material distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to sexual activities or anatomical genital areas;
A cabaret that features topless dancers, go-go
dancers, strippers, male or female impersonators, or similar entertainers
for observation by patrons.
A condition that creates, imposes, aggravates, or leads to
inadequate, impractical, unsafe, or unhealthy conditions on a site
proposed for development or on off-site property or facilities.
A service roadway providing a secondary means of public access
to abutting property and not intended for general traffic circulation.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
Any addition, deletion or revision of the chapter text or
map officially adopted by the Board of Supervisors after public hearings.
A device used to transmit and/or receive radio or electromagnetic
signals, attached to a building or freestanding, not to include communications
and cellular towers.
A suite of rooms in a building containing at least two other
such dwellings, each intended to be used as an independent housekeeping
unit for one family, with separate cooking, food storage, bathing,
and toilet facilities and with access directly or by common hallway
and/or stairs to the outside.
A single apartment building on a single lot containing no
more than eight units per building, with substantial landscaped open
space adjacent to the building.
[Added 7-11-2016 by Ord.
No. 158]
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
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.
See "studios."
[Added 2-12-2018 by Ord.
No. 164]
The measurement of sound approximating the auditory sensitivity
of the human ear and used to measure the relative noisiness or annoyance
of common sounds.
A body politic and corporate created pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq., specifically
the Breakneck Creek Regional Authority and the Adams Township Water
Authority.
[Amended 3-24-2003 by Ord. No. 105]
A mechanized consumer banking device operated by a financial
institution for the convenience of its customers, whether outside
or in an access-controlled facility.
The use of any building, land area, or other premises for
the display and sale of new or used automobiles generally, but may
include light trucks or vans, trailers, or recreational vehicles,
and including any vehicle preparation or repair work conducted as
an accessory use.
Any building, land area, or portion thereof, used for the
retail dispensing or sale of vehicular fuels; servicing and minor
repair of automobiles; and including as an accessory use the sale,
application, or installation of lubricants, tires, batteries, and
similar vehicle accessories.
Establishments primarily engaged in furnishing automotive
repair, rental, leasing, or parking services to the general public.
Average weekday daily traffic volumes on a street or road.
A platform projecting from a building facade.
[Amended 2-28-2011 by Ord. No. 141]
Establishments engaged in deposit banking. Typical uses include
commercial banks, savings institutions, and credit unions.
A sign composed of a logo, words, or design on a lightweight
material either enclosed or not enclosed in a rigid frame and secured
or mounted to allow movement caused by the atmosphere.
State-licensed premises used primarily for the sale or dispensing
of liquor by the drink for on-site consumption and where food may
be available for consumption on the premises as accessory to the principal
use.
A dwelling unit, or portion thereof, in which short-term
lodging rooms, with or without the service of a morning meal only,
are provided for compensation and where the operator lives on the
premises, or in adjacent premises.
A private room planned and intended for sleeping, separated
from other rooms by a door, and accessible to a bathroom without entering
another bedroom.
A business that engages in the sale of malt or brewed beverages,
not for consumption on the premises where sold, and in quantities
of not less than a case or original containers containing 128 ounces
or more which may be sold separately as prepared for the market by
the manufacturer at the place of manufacture.
[Added 2-12-2018 by Ord.
No. 164]
Either of the following:
BICYCLE LANEA lane at the edge of a street cartway or shoulder reserved and marked for the exclusive use of bicycles.
BICYCLE PATHA pathway, separated from the street cartway or shoulder, designed for the exclusive use of bicycles.
The duly elected governing body of Adams Township with certain
powers relative to this chapter.
A dwelling unit or part thereof in which, for compensation,
lodging and/or meals are provided, and where the owner or operator
lives on the premises.
Open spaces, landscaped areas, fences, walls, berms, or any
combination thereof used to physically separate or screen one use
or property from another so as to visually shield or block noise,
lights, or other nuisances.
A man-made structure attached to or into the ground enclosing
or covering a volume of space, and intended to shelter or contain
people, animals, businesses and activities associated with any of
them.
That construction connecting a principal structure with an
accessory structure, including but not limited to a breezeway or carport.
[Added 2-28-2011 by Ord. No. 141]
The percentage of the total area of a lot that may be covered
by buildings (see also "impermeable coverage").
A building whose walls, extending from grade to roof, are
permanent.
A contiguous area of land in one ownership upon which a building
or structure may be erected in accordance with the requirements of
this chapter.
An establishment engaged in the sale of lumber, tools, construction
materials, and garden supplies.
A document attesting that a proposal for construction, repair,
alteration, or addition to a structure has been reviewed and approved
in accordance with the requirements of this chapter and the current
building code.
[2]Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing; building maintenance; employment services; management
and consulting services; protective services; equipment rental and
leasing; commercial research; development and testing; photo finishing;
photocopying and printer services; and personal supply services.
A small, roofed structure, usually having three walls, located
near a street and designed primarily for the protection and convenience
of bus passengers.
Where used in reference to any street, the maximum traffic
volume for which such street can provide an adequate level of service.
The portion of a street, drive, or rear service lane that
is designed and intended for the use of vehicular traffic.
Land used or intended to be used for the burial of human
remains and dedicated for cemetery purposes.
Any use that substantially differs from the previous use
of a building or land, and is formally recognized as such.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
Any intentional or negligent act to cut down, remove all
or a substantial part of trees or other vegetation that will cause
the tree or other vegetation to decline and/or die. Such acts include,
but are not limited to, damage inflicted upon the root system of the
vegetation by the application of toxic substances, by the operation
of equipment and vehicles, by storage of materials, by the change
of natural grade due to unapproved excavation or filling, or by the
unapproved alteration of natural physical conditions.
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers, and where
patients are not usually lodged overnight.
A person retained by and responsible to the Board of Supervisors
to enforce the regulations of this chapter with power to issue zoning
permits for minor developments, to issue building and occupancy permits,
to halt illegal construction, and to interpret literally the meaning
of the various sections of this chapter, subject to appeal before
the Zoning Hearing Board.
[Amended 3-24-2003 by Ord. No. 105]
Land within or related to a development, not individually
owned or dedicated for public use, designed and intended for the common
use or enjoyment of the residents and their guests of the development.
[Added 7-23-2001 by Ord. No. 96]
An off-street parking lot, designed and intended to provide
for the storage, for limited periods of time, of operable passenger
automobiles to the public for compensation, or as accommodation to
clients and customers.
[Added 2-12-2018 by Ord.
No. 164]
A structure designed to support equipment capable of transmitting
and/or receiving telecommunications, radio or electromagnetic signals.
A statement linking this chapter to the Municipal Comprehensive
Plan with reference to land use, density or population, housing, location
and function of streets, utilities and community facilities.
The document based on an analysis of past trends and current
conditions in the Township, projecting growth and change in population,
economic conditions and land use, and setting forth policies, goals,
and objectives to guide future growth and development in the community.
A use permitted in a particular zoning district pursuant to the provisions in Article VI of the Pennsylvania Municipalities Planning Code, as amended,[3] or an authorized use that may be granted only by the Board
of Supervisors pursuant to ordinance standards and criteria after
recommendation by the Planning Commission and a public hearing held
in accordance with the requirements of this chapter.
A retail establishment offering for sale food products and
beverages for off-site consumption, household items, newspapers and
magazines, and other general merchandise. The retail dispensing or
sale of vehicular fuels as an accessory use to a convenience store
is permitted only as a conditional use.
A structure, whether residential or nonresidential, converted
to a multifamily dwelling with a maximum of three single-family dwelling
units.
[Added 7-23-2001 by Ord. No. 96]
A lot that abuts two or more streets that intersect at one
or more corners of the lot, with the minimum front yard setback applying
along each street relative to construction on the lot.
An amendment proposed by a property owner challenging the
validity of zoning regulations as they apply to property in which
he has an interest and requiring municipal action on his petition
or a municipal curative amendment, in which the Board of Supervisors
declares a moratorium on specific parts of this chapter in order to
cure alleged defects.
A stone, concrete, or other improved boundary usually demarcating
the edge of a roadway, parking lot, or other paved area.
An opening requiring a local or commonwealth permit along
the curbline at which point vehicles may enter or leave the roadway.
The excavating of earth from the ground surface during the
process of land development.
An establishment that provides care, protection, and supervision
for individuals on a regular basis away from their primary residence
for less than 24 hours a day.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this act to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the municipality
lies.
[Added 9-29-2008 by Ord. No. 125]
The measure of the number of dwelling units permitted per
net acre of land area. (See "net acreage.")
[Added 9-29-2008 by Ord. No. 125]
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.
The area of a site that may be disturbed by earth movement
(grading), or cleared of vegetation, including disturbance or clearance
to provide space for construction of principal and accessory uses
and structures, and parking areas, but not including disturbance to
provide space for construction of roads, drainage and stormwater management
facilities, or utilities.
Any development not classified as a minor development.
Development that meets the requirements for a minor development
set forth in the Subdivision and Land Development Ordinance.
[4]A prototype for development containing parameters governing
character and design, site layout, lot types, mix of lot types, and
roads and streets. (See Appendix A.[5])
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
open space and public facilities. The phrase "provisions of the development
plan" when used in the Pennsylvania Municipalities Planning Code,
as amended, shall mean the written and graphic materials referred
to in this definition.
Tree trunk diameter measured in inches at a height of 4.5
feet from the ground.
A small network of antennas that are connected to a common
source that provides coverage in a building or a small geographic
area.
[Added 12-9-2019 by Ord. No. 175]
Zoning district or zoning overlay district.
Surface water runoff or the removal of surface water or groundwater
from land by drains, grading, or other means, which includes runoff
controls to minimize erosion and sedimentation during and after construction
or development.
An establishment that by the design of physical facilities,
accessory to the principal permitted use, by service, or by packaging
procedures encourages or permits customers to receive services, obtain
goods, or be entertained while remaining in their motor vehicles.
[Added 9-29-2008 by Ord. No. 125]
An establishment whose primary business is serving food to
the public for consumption on the premises by order from and service
to vehicular passengers outside the structure, where revenues from
the sale of food equal at least 40% of the gross revenue.
[Added 9-29-2008 by Ord. No. 125]
A private roadway providing access to a street or highway.
A single driveway serving two or more adjoining lots.
A second dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure
on the same lot as the main dwelling, for use as a complete, independent
living facility with provision within the accessory dwelling for cooking,
eating, sanitation, and sleeping.
A one-family dwelling unit attached to one or more one-family
dwelling units by common vertical fire-resistant walls.
[Amended 7-23-2001 by Ord. No. 96]
A building containing one dwelling unit that is not attached
to any other dwelling by any means and that is surrounded by open
space or yards.
A building designed and built to contain two dwelling units,
whether side by side or one above the other, but each an independent
dwelling relative to utilities, facilities, and access.
A building containing three or more dwelling units, including
units that are located one over the other and/or side by side.
A building containing one dwelling unit (may be detached
from or attached to other dwelling units).
A one-family dwelling unit in a row of at least two such
units.
[Amended 7-23-2001 by Ord. No. 96]
One or more rooms, designed, occupied, or intended for occupancy
as a separate living quarter, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single household.
A grant of one or more of the property rights (e.g., access)
by the owner to, or for the use by, the public, a corporation, or
another person or entity.
Any service to citizens for injury or life-threatening events,
including but not limited to ambulance, paramedic, or fire and rescue
services provided by a public agency or entity.
Removal or recovery by any means whatsoever of soil, rock,
minerals, mineral substances, or organic substances, other than vegetation,
from water or land, on or beneath the surface thereof, whether exposed
or submerged.
A shopping center which includes a variety of retail stores
and ancillary uses. The individual retail stores are operated primarily
by the companies that either directly manufacture or control the production
of the merchandise being sold.
[Added 2-12-2018 by Ord.
No. 164]
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship, living together in a dwelling
unit as a single household, under a common housekeeping arrangement
based on an intentionally structured relationship that provides organization
and stability. (See "household.")
An occasional, seasonal, or periodic market held in an open
area or in a structure where individual sellers display and sell farm
products.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas.
Sand, gravel, earth, or other materials of any composition
whatsoever excavated from elsewhere and deposited to build up the
ground surface in the process of grading.
Acknowledgment by the Board of Supervisors that all plan
reviews required prior to acceptance of a subdivision, land development
or planned residential development proposal have been successfully
completed, and that building permits may be issued.
Any facility, public, private, or commercial, that is used
for target practice, test firing, or any other lawful use of firearms,
bows or compound bows, or any other ranged weapons. Specifically excluded
from the definition of "firing range" is the purely recreational use
of firearms at a person's residence or property and then only in such
circumstances as not to endanger persons or property and subject to
all state and federal laws. Also, specifically excluded from the definition
of "firing range" are any traditional hunting activities carried out
in conformance with Pennsylvania Game Commission regulations.
[Added 1-11-2016 by Ord.
No. 155]
A lot not meeting minimum frontage requirements and where access to a public road is by a narrow private right-of-way or driveway (see Ch. 167, Subdivision and Land Development).
The area of inundation which functions as a storage or holding
area for floodwater to a width required to contain a base flood of
which there is a one-percent chance of occurring in any given year.
The floodplain also contains both the floodway and flood fringe. The
"floodway" is the channel of a watercourse and the adjoining land
area which are required to carry and discharge the base flood. The
"flood fringe" is the adjoining area which may be covered by water
of the base flood.
The sum of the gross area of all floors enclosed within the
exterior walls of any building.
The total of all floor areas of a building, excluding storage,
hallways, equipment rooms, interior vehicular parking or loading;
and all floors below the first or ground floor, except when used or
intended to be used for human habitation.
The gross floor area of all buildings and structures on a
building lot divided by the total lot area.
Land, a minimum of 1/2 acre in area with 20 or more trees
at least 12 inches in diameter at breast height (DBH).
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
The distance across the front of a lot between side lot lines,
normally the width of the lot abutting the street to which the lot
has access.
A line extending across a lot between side lot lines, and
set back from the front lot line the minimum distance required for
the front yard depth in the zone district containing the lot.
An accessory building for the private use of the owner or
occupant of a principal building situated on the same lot as the principal
building intended for the storage of motor vehicles and equipment
with no facilities for mechanical service or repair of a commercial
or public nature.
With the exception of feedlots and cattle and hog processing,
the production, keeping, or maintenance, for sale, lease, or personal
use, of plants and animals useful to man, including but not limited
to forages and sod crops; grains and seed crops; dairy animals and
dairy products; poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules, or goats or any
mutations or hybrids thereof, including the breeding and grazing of
any or all of such animals; bees and apiary products; fur animals;
trees and forest products; fruits of all kinds, including grapes,
nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse
products; or lands devoted to a soil conservation or forestry management
program.
Establishments that sell or rent commonly used goods and
merchandise for personal or household use.
Lands and buildings owned or operated by a governmental entity
and providing services for the public, but not including the underground
and overhead distribution and collection systems providing water,
gas, electric, telephone, and cable TV service or sanitary sewage
drainage.
The vertical alignment of a land surface, as it exists or
as modified by cut and/or fill activities.
The final elevation of the ground level after topsoil has
been applied to graded slopes.
Rearrangement of the earth's surface by stripping, cutting,
filling, or stockpiling of earth or land, including the land in its
cut or filled condition, to create new contours or grades.
The total square footage of the interior of a building that
is used in connection with a business.
Any substance or material that as determined by the appropriate
federal or state agencies, by reason of its toxic, caustic, corrosive,
abrasive, or otherwise injurious properties; may be detrimental or
deleterious to the health of any person handling or otherwise coming
into contact with such material or substance.
A linear arrangement of conifer plants so that they grow
together to present, when viewed in elevation, a surface at least
50% opaque from the ground to the top of the hedge.
The location for lighting of a sign or other object on a
property, so that the lighting source is not visible from anywhere
outside the property.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 2-28-2011 by Ord. No. 141]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
An activity carried out for monetary gain by a resident conducted
as a customarily incidental and accessory use in the resident’s
dwelling unit, excluding instruction in any form of exotic, erotic
or aerobic dancing.[6]
[Amended 2-28-2011 by Ord. No. 141]
An organization formed to manage the open space and common
facilities within a development that are not to be publicly maintained;
membership in and financial support of such organization is mandatory
for all owners of property in the development.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, and including,
as an integral part of the institution, related facilities, such as
laboratories, outpatient facilities, training facilities, medical
offices, and staff residences.
A facility offering transient lodging accommodations at a
daily rate to the general public and which may provide additional
services, such as restaurants, meeting rooms, entertainment, and recreational
facilities.
A family living together in a single dwelling unit.
A charge or fee imposed by a municipality against new development
in order to generate revenue for funding the costs of transportation
capital improvements necessitated by and attributable to new development.
[Added 9-29-2008 by Ord. No. 125]
That portion of a lot that is covered by principal and accessory
buildings or structures, and by surfaces that prevent the passage
or absorption of stormwater such as paving and driveways.
Subordinate and minor in significance and bearing a reasonable
relationship with the primary use.
A tract of land that is planned, developed, and operated
as an integrated facility for a number of individual industrial or
commercial office uses, with consideration given to overall on-site
vehicular circulation, parking, utility needs, building design and
orientation, and open space.
A use engaged in the basic processing and/or manufacturing
of materials or products predominantly from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous conditions.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.
A nonprofit, religious or public use, such as a church, library,
museum, public or private school, hospital, or government-owned or
-operated building, structure, or land used for public purpose.
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed, or other use or disposition,
including but not limited to unregistered, inoperable vehicles, tires,
vehicle parts, equipment, paper, rags, metal, glass, building materials.
Any area, lot, land, parcel, building, or structure, or part
thereof, used for the storage, collection, processing, purchase, sale,
salvage, or disposal of junk.
A facility designed to provide enclosed shelter and care
for domestic pets on a permanent or temporary basis as a business,
or as a noncommercial accessory use on a residential lot.
Any establishment available to the general public where a
dog or dogs are housed for compensation by the day, week or a specified
or unspecified time. The term shall not include a kennel where the
practice of veterinary medicine is performed if the kennel is covered
by the provisions of the Veterinary Medicine Practice Act.[7] The term shall include any boarding facility operated
by a licensed doctor of veterinary medicine whether or not this facility
is on the same premises as a building or structure subject to the
provisions of the Veterinary Medicine Practice Act. The term shall
include any establishment available to the general public that, for
consideration, takes control of a dog from the owner for a portion
of a day for the purposes of exercise, day care or entertainment of
the dog. For the purpose of this term, each time a dog enters the
kennel it shall be counted as one dog. This term does not include
an establishment engaged only in dog grooming or dog training.
[Added 2-12-2018 by Ord.
No. 164]
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups of other features.
A subdivision of land.
Development in accordance with Section 503(1.1)
of the Pennsylvania Municipalities Planning Code.[8]
A disposal site in which refuse and earth, or other suitable
cover material, are deposited and compacted in alternative layers
of specified depth in accordance with an approved plan.
The man-made combination of lawns, trees, plants, and other
natural materials, such as rock and wood chips, and decorative features,
including sculpture, patterned walks, fountains, and pools.
The activity or activities for which a lot or property and
the buildings or structures on it are devoted.
The total floor area for which the tenant pays rent and that
is designed for the tenant's occupancy and exclusive use.
A qualitative measure describing operational conditions within
a traffic stream; generally described in terms of such factors as
speed, freedom to maneuver, traffic interruptions, comfort, convenience,
and safety. LOS is expressed in terms of six levels, designated A
through F, with A (free flow of traffic with minimum intersection
delay) being the best, and F (forced flow, jammed intersections, long
delays) being the worst.
"Pennsylvania liquor stores" which sell liquor and alcohol
under the authorization of the Pennsylvania Liquor Control Board.
[Added 2-12-2018 by Ord.
No. 164]
An off-street area of a lot where goods are received and/or
from which they are shipped, and where adequate space is available
to permit maneuvering of vehicles entirely on the lot.
An area of contiguous land surface that abuts the street,
whose ownership and legal description are of record in the office
of the County Recorder of Deeds, and that is to be separately owned,
used, developed, or built upon. A lot implies one of a number of similarly
sized properties in a plan, but may include any property, tract or
parcel of land regardless of size or configuration for the purposes
of this chapter.
The area of the total surface of a lot expressed in acres
or square feet, based on deed description or registered surveyor's
survey, excluding any street rights-of-way. One acre equals 43,560
square feet.
That portion of a lot, tract, or parcel covered by buildings.
The horizontal distance between the mid-point of the front
and of the rear lot lines.
Any of the lines describing the perimeter of a lot.
The lot line describing the edge of the lot abutting the
street to which the lot has access and is oriented for purposes of
development.
A lot or property duly recorded in the office of the Butler
County Recorder of Deeds.
The distance across a lot measured along the front building
line between the side lot lines.
Factory-built, single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401), also known as the "US Department of Housing and
Urban Development Code."
Facilities designed and intended to accommodate mass transit,
including passenger stations, garages, and repair facilities.
A pole structure used to elevate equipment, usually communications
equipment. Masts may be freestanding or attached to a building. They
do not have a tripod shape and are not made up of a number of steel
parts.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat, but not including crude oil and natural gas.
[Added 2-28-2011 by Ord. No. 141]
A building designed for general or specialty retail, or office
use, on the first floor, residential or office use on the second floor,
and residential use only above.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A property or group of contiguous properties under one ownership
which has been developed for at least two mobile home lots, each intended
for lease and the placement of one mobile home for nontransient use
thereon.
A set of standards and criteria that, taken together, create
conditions that will strongly encourage the desired character for
a development in terms of density, open space, circulation and physical
appearance.
A facility offering transient lodging accommodations at a
daily rate to the general public and which may provide additional
services, such as restaurants, meeting rooms, entertainment, and recreational
facilities.
A structure with a maximum of four attached dwelling units,
side to side or horizontally and on one floor or several floors.
A building in which objects of historical, scientific, artistic,
or cultural interest are stored and exhibited.
[Added 2-12-2018 by Ord.
No. 164]
A facility that receives natural gas and associated hydrocarbons
from a gathering line system serving one or more well sites that compresses,
condenses, pressurizes or otherwise treats natural gas and which removes
or separates 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, including, but not limited
to: cooling facilities, storage tanks and related equipment and facilities.
[Added 12-11-2017 by Ord.
No. 163]
Commercial and retail uses located within and intended to
primarily serve the consumer demands of adjacent residential neighborhoods,
including, but not limited to, stores selling food, drugs, hardware,
clothing, and sundries; video rentals; personal services; small professional
offices, and uses similar in scale and purpose.
Area of a lot excluding areas planned, used or dedicated
for roads, streets, or public utility easements that are not accessible
for the use and enjoyment of residents or the public, and excluding
access or right-of-way easements.
See "density."
The total floor area within a building that would be leased
or, if owned, is used in the conduct of the business, not including
stairs, elevators, rest rooms, utility and storage rooms.
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.
Any sign lawfully existing prior to the adoption, revision,
or amendment of the zoning ordinance, but that fails, by reason of
such adoption, revision, or amendment, to conform to all the present
requirements of the zoning district.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or 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.
A use, whether of land or of structure, 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, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A pattern of development that does not conform to the specific
design elements of one of the preferred development models for the
district in which the development is proposed.
An establishment primarily engaged in the sale and/or cultivation
for sale of perennial flowers, shrubs and trees intended for landscaping
purposes, but not including any sales building exceeding 500 square
feet of floor area, or the sale of products primarily available in
a florist shop, which shall be considered an establishment selling
cut flowers, potted plants and decorating accessories, with nearly
all plant stock cultivated off the premises.
A certificate issued by the Code Enforcement Officer attesting
to the fact that the proposed use or reuse of premises is in accordance
with the requirements of this chapter or with a previously issued
zoning or building permit and may be legally occupied.
An establishment providing executive, management, administrative
or professional services, including medical or dental services, but
not involving the sale of merchandise, except as incidental to a permitted
use.
Those public capital improvements which are not on-site improvements
and that serve the needs of more than one development.
[Added 9-29-2008 by Ord. No. 125]
Area set aside on a lot for parking of at least five vehicles
entirely outside of a street right-of-way.
A demarcated area within a parking lot abutting an access
lane and of such dimensions, as specified by this chapter, to accommodate
one vehicle.
Nonmetallic, nonrenewable substances, including liquids such
as petroleum and gases such as natural gases, occurring in their natural
state on or below the surface of the earth and having commercial value.
[Added 2-28-2011 by Ord. No. 141]
A device used alone or in series to raise the pressure of
oil and natural gas and/or by-products to create a pressure differential
to move or to compress a liquid, vapor or gas.
[Added 12-11-2017 by Ord.
No. 163]
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
and to operate as an upstream or midstream facility for delivery of
oil and gas to a transmission pipeline, distribution pipeline, natural
gas processing or treatment facility or underground storage field.
[Added 12-11-2017 by Ord.
No. 163]
All improvements constructed on the applicant’s property,
or the improvements constructed on the property abutting the applicant’s
property necessary for the ingress or egress to the applicant’s
property and required to be constructed by the applicant pursuant
to any municipal ordinance, including, but not limited to, the Municipal
Building Code, Subdivision and Land Development Ordinance, PRD regulations
and Zoning Ordinance.
[Added 9-29-2008 by Ord. No. 125]
Any parcel or area of land or an area of water designed and
intended for recreation, resource protection, amenity, and/or buffers.
Open space shall not include areas set aside for public facilities,
driveways or parking lots.
Any business that engages in commerce, is not industrial
and is not otherwise defined within this section.
[Added 2-12-2018 by Ord.
No. 164]
A building or structure containing or supporting an accessory
use.
The keeping, in an unenclosed or unfenced area, of any goods,
junk, material, merchandise, or vehicles in the same place for more
than 24 hours.
A building or group of buildings occupied by medical practitioners
and related service for the purpose of providing health services to
persons on an outpatient basis, but not including mental health institutions
and/or drug treatment facilities.
[Added 2-12-2018 by Ord.
No. 164]
The agreement entered into by an owner or applicant for land
development approval for property in a State Route 228 Overlay Zoning
District and guaranteeing dedication of right-of-way and participation
in the funding of signalized intersections, among other items.
A zoning district that encompasses parts or all of one or
more underlying zones and that imposes additional or alternative requirements
to that required by the underlying zone.
An off-street parking lot designed for drivers to leave their
automobiles and use mass transit facilities beginning, terminating,
or stopping at the lot.
Joint use of a parking lot or area for more than one use.
A surfaced outdoor area level with the surrounding land surface
no more than three feet above or below the surface at any point, and
without a permanent roof or similar covering.
Legislation adopted by the State in 1968 as Act 247, and
amended on several occasions since,[10] that provides a uniform procedure enabling municipalities
to implement regulations, such as this chapter, to control the development
and use of land.
Any use allowed by right in a zoning district and subject
to the restrictions applicable to that zoning district.
A nonprofit or for-profit boarding home for the sheltered
care of persons with special needs, which, in addition to providing
food and shelter, may also provide some combination of personal care,
social or counseling services, and transportation.
Any legal enterprise conducted for gain which offers services
directly to the public at the site of the business, and which includes
but is not limited to shore repair, watch repair, barber shops, beauty
parlors, photography studios and massage parlors, but specifically
excluding tattoo and/or body piercing businesses and the like.
[Amended 2-12-2018 by Ord. No. 164]
Any variety of domesticated creature, such as birds, cats,
dogs, and hamsters, normally kept within a dwelling or residential
yard area, but not including exotic or wild animals, reptiles, insects,
or snakes.
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 this chapter.
The body duly appointed by the Board of Supervisors from
residents of Adams Township with specific duties in connection with
this chapter.
[11]An attachment to a building covered by a permanent roof but
without side walls floor to ceiling, and considered part of the building
for purposes of setback from lot lines.
The placement of a public notice upon a signboard or upon
a building or structure on a property calling public attention to
proposed changes in the zoning status of the property, or to a request
for a variance, and indicating the date, time, and place of the hearing
at which the matter will be heard.
The building or structure containing the principal permitted
use on the lot, such use possibly occurring in more than one building
or structure.
The primary or predominant use of any lot or parcel to which
all other uses on lot are accessory.
Persons who provide expert or professional advice, including,
but not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects or planners.
[Added 9-29-2008 by Ord. No. 125]
An individual duly registered to practice engineering in
the Commonwealth of Pennsylvania.
See "lot."
See "lot line."
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code, as amended.
A forum held pursuant to public notice under 65 Pa.C.S.A.
§ 701 et seq., known as the "Sunshine Act."
[Amended 3-24-2003 by Ord. No. 105]
Notice published once each week for two successive weeks
in a newspaper of general circulation in Adams Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing; also the posting
of a notice upon an affected property with the same information.
A system providing distribution of water, gas, electric,
telephone or cable TV services, or the collection and disposal of
wastewater, such system operating as a municipal authority and/or
under the rules and regulations of the Pennsylvania Public Utility
Commission.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment, nonmotorized or otherwise,
and taking place at prescribed places, sites, or fields. Activities
include, but are not limited to, swimming, tennis and other court
games, baseball and other field sports, track, and playground activities.
A privately owned, for-profit recreation facility open to
the public at large for a fee.
A permanently enclosed recreational facility.
A recreational facility for the exclusive use of the residents
of a development or the members of the organization owning the land
or parcel, but not open to the general public.
Leisure-time activities that involve relatively inactive
or less energetic activities, including, but not limited to, walking,
sitting, picnicking, card games, chess, checkers, and similar table
games, and not typically requiring prescribed places, sites, courts,
or fields.
An establishment primarily engaged in the provision of repair
services to individuals, households, or other businesses, but excluding
automotive or other vehicle repair and farm machinery and tractor
repair.
The minimum number of parking spaces required to be provided
in connection with the particular use of a lot as specified by this
chapter.
An establishment or other facility engaged in investigation
in the natural, physical, or social sciences, but which may include
engineering and product development.
An establishment where the principal business is the sale
of food and beverages in a ready-to-consume state, where there is
no service to a customer in an automobile, and where the design or
principal method of operation consists of one or more of the following:
A sit-down restaurant where customers, normally
provided with an individual menu, are generally served food and beverages
in nondisposable containers by a restaurant employee at the same table
or counter at which the food and beverages are consumed; or
A cafeteria or cafeteria-type operation where
food and beverages generally are served in nondisposable containers
and consumed within the restaurant.
An establishment where the principal business is the sale
of food and nonalcoholic beverages in a ready-to-consume state, and
where the design or principal method of operation is that of a fast-food
or drive-in-style restaurant offering quick food service, where orders
are generally not taken at the customer's table, where food is generally
served in disposable wrapping or containers, and where food and beverages
may be served directly to the customer in an automobile.
An agreement between a developer and purchasers of lots in
his plan restricting the use of the lots, such restrictions applying
uniformly to all lots, recorded with the plan, effective for a specified
time period, capable of being modified only upon approval of the agreement
signers, and not enforceable by the Township.
A retail establishment, or any combination of retail establishments
in a single building, occupying more than 25,000 square feet.
The highest elevation of a mountain chain or line of hills.
A strip of land which has been dedicated for public use and
provides access to private property abutting it, connecting with other
rights-of-way to form a vehicular and pedestrian circulation network
in the Township; also an easement across private property.
[Amended 7-23-2001 by Ord. No. 96]
The list of charges adopted by resolution of the Board of
Supervisors, and not a part of this chapter, to cover the costs of
administering the review, decision and/or appeal processes required
by a development proposal, such costs to be borne by the developer,
paid in advance, and subject to periodic revision by the Board.
Any building or part thereof used for instructional purposes,
whether public or private, and licensed by the commonwealth to provide
elementary or secondary education.
An enclosed storage facility of a commercial nature containing
independent, fully enclosed bays which are leased to persons exclusively
for storage of their household or office goods or personal property,
and where lessees have individual, unlimited access to their storage
areas.
The minimum or maximum distance a building or structure must
be situated from an adjacent lot line, as required by this chapter
in each of the established zoning districts.
An imaginary line within a lot describing the limits within
which building construction can occur, or any part of such line, as
established by the front, side and rear yard depths for each zoning
district. Certain building projections and uses of the lot may extend
over the line.
An individual certified by the Commonwealth of Pennsylvania
and retained by the Township to evaluate the ability of a lot proposed
for development, but lacking public sewer connections, to absorb sewage
effluent, and to decide on the appropriate type of disposal system,
given the slope and soil characteristics of the lot. The Sewage Enforcement
Officer shall perform such other tasks as directed.
Commercial/retail establishments occupying less than 15,000
square feet.
[Added
3-7-2005 by Ord. No. 109]
A paved, surfaced, or leveled area, usually paralleling and
separated from the street, used as a pedestrian walkway.
The minimum distance the driver of a vehicle can see unencumbered
by intervening buildings, structures, land forms or vegetation, to
safely negotiate an intersection of streets, usually measured between
3 1/2 feet and eight feet above the road surface.
Any object, device, display, or structure, or part thereof,
which is used primarily to advertise, identify, display, direct, or
attract attention to an object, person, institution, organization,
business, product, service, event, or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors, motion,
illumination, or projected images. This includes, but is not limited
to, wall signs, freestanding signs, ground signs, window signs, canopy
or awning signs, projecting signs, temporary signs, illuminated signs,
changeable-copy signs, and any other type of sign defined herein,
and any other attention-getting device, flag, or banner.
A sign that relies on flashing lights or movement of some
element or all of the sign to reinforce its message.
All the surface of a sign face, or if no defined panel, all
the contiguous area enclosed within the outer edges of the components
of the message, including any framing, trim or molding, but not including
the supports of the sign. In computing the area of a double-faced
sign, only one side shall be considered if the message on both sides
is identical. If a sign is comprised of two nonparallel sides or more
than two sides, the area of each side shall be considered in calculating
the sign area.
A permanent, on-premises freestanding sign, compatible in
design and color with the principal structures, announcing the name
of a development, including a logo or trademark, and providing space
for major or anchor tenants.
[Added 9-29-2008 by Ord. No. 125]
Two sign faces of identical size and dimensions placed back-to-back
and secured or attached to a single support structure. It shall not
include signs comprised of two or more sign faces attached at an angle
or not parallel.
The area or display surface used for the message.
A nonmovable sign not affixed to a building and completely
supported on its own structure attached to the ground, including but
not limited to pole signs, ground signs, and construction signs.
Any sign, other than a pole sign, in which the entire bottom
is in contact with or close to the ground and is independent of any
other structure.
A sign that identifies or communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold at a location other than the premises or lot where
the sign is located, or a belief held by a person or persons living
at a location other than on the premises or lot where the sign is
located.
A sign that identifies or communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold on the premises or lot upon which the sign is located,
or a belief held by a person living on the premises or lot upon which
the sign is located.
A sign that is mounted on a freestanding pole or other support
so that the bottom edge of the sign face is six feet or more above
the ground.
A sign that is not permanently affixed to a building, structure,
or the ground, or which is designed to be moved from place to place.
This includes, but is not limited to, signs attached to wood or metal
frames designed to be self-supporting and movable; paper, cardboard,
or canvas signs wrapped around supporting poles; sandwich signs; trailer-
or boat-mounted signs; and signs attached to vehicles not customarily
and regularly used to transport persons or properties.
A sign attached to and projecting from the wall of a building
and not in the same plane as the wall.
A sign intended to remain in place for a specific short period
of time, at the end of which it must be removed by the person erecting
it, including construction signs, garage sale signs, grand opening
signs, celebration signs, political campaign signs, real estate ("for
sale" or "for rent") signs, and signs advertising special sales or
business promotions.
A sign which is affixed to or placed flat against the wall
of a building or structure (but not painted on) and projecting therefrom
not more than one foot.
A sign applied, painted, stenciled, or affixed to or in the
window of a building. A window sign may be temporary or permanent.
A use that has the same characteristics, and is at the same
scale, as the specifically cited uses in terms of the following: trip
generation and type of traffic, parking and circulation, utility demands,
environmental impacts, physical space needs, and clientele.
Any plot or parcel of land or a part thereof or combination
of contiguous lots or parcels of land.
The total area of a lot, tract, or parcel or combination
of lots, tracts or parcels.
The improvement of a site in accordance with an approved
land development plan, zoning/building permit and site plan, including
construction of buildings and structures and the rearrangement of
the land surface.
The proposed layout of a lot showing all elements of the
site development as well as utility and drainage lines and existing
buildings and structures to remain as depicted.
A preliminary plan showing general layout of uses, access,
and other development features on a site, for the purpose of informal
review that carries no vested rights or obligations of any party.
Retail store catering to unique market segments and adapted
to a theme of small-scale establishments (as opposed to "big box"
structures) including antique shops, florists, card shops, hobby and
craft shops, gift shops, wearing apparel shops, bookstores (excluding
adult bookstores and other adult entertainment uses), camera shops,
jewelry stores, boutique and craft shop, and similar specialty retail
stores.
[Amended 2-12-2018 by Ord. No. 164]
The minimum distance between structures, whether residential,
commercial, or industrial and whether principal or accessory, as established
by the building code currently in effect.
[12]A transcription of testimony taken at a public hearing by
a professional stenographer.
The process of controlling stormwater runoff from paved or
covered surfaces to prevent the rapid release of large volumes of
water at high velocity that would damage lower properties through
flash flooding, erosion or sediment deposition.
[Amended 7-23-2001 by Ord. No. 96]
An area or facility constructed to receive and hold stormwater
for release at a controlled rate, including, but not limited to, graded
depressions in the ground, parking lots with concave surfaces, roof
tops, or buried tanks or pipes.
The area in a building between the floor and the floor next
above or below, or if no floor is above, the ceiling above.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
A street that collects traffic from local streets and connects
with minor or major arterials.
A street with a single common ingress and egress and with
a turnaround at the end.
The edge of a street right-of-way where it abuts private
property.
A street designed to provide vehicular access to abutting
property and to discourage through traffic.
A high-volume street with access control, channelized intersections,
restricted parking, and significant regional traffic, primarily intersected
by minor arterials and collectors.
A street used primarily for intratownship travel, with signals
at important intersections and stop signs on the side streets; acts
primarily as a connection between arterials and is intersected by
collector roads.
A strip of land improved for passage of vehicles and/or pedestrians
but not accepted for maintenance by Adams Township.
A right-of-way intended to be used for travel by the public,
improved for such purpose and accepted by Adams Township or the Commonwealth
of Pennsylvania for perpetual maintenance.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Facilities where works of art, including but not limited to photography, painting, sculpting, and computer graphic art are displayed or created, excluding adult material (see § 192-47B).
[Added 2-12-2018 by Ord.
No. 164]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land or agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
[Added 7-23-2001 by Ord. No. 96]
A dwelling that may be permitted to be placed on a lot that
already contains one dwelling, based on a family hardship encountered
by the residents of the existing dwelling that can be cured during
the extent of the hardship by the presence of the second dwelling.
Any structure that is used for the purpose of supporting
one or more non-tower-based wireless communication facilities, including,
but not limited to, self-supporting lattice towers, guy towers and
monopoles, utility poles and light poles. Distributed antenna system
hub facilities are considered to be tower-based wireless communication
facilities.
[Added 12-9-2019 by Ord. No. 175]
See "dwelling, townhouse."
A report analyzing anticipated roadway conditions with and
without an applicant's development.
A structure standing on wheels, towed or hauled by another
vehicle, and used short-term as a temporary office or storage area
at a construction work site.
Those off-site road improvements that have a life expectancy
of three or more years, not including costs for maintenance, operation
or repair.
[Added 9-29-2008 by Ord. No. 125]
A geographically defined portion of the municipality not
to exceed seven square miles of area which, pursuant to the Comprehensive
Plan and applicable district zoning regulations, has an aggregation
of sites with development potential creating the need for transportation
improvements within such area to be funded by impact fees. No area
may be included in more than one transportation service area.
[Added 9-29-2008 by Ord. No. 125]
Any self-supporting woody plant, usually having a single
woody trunk, and a potential DBH of two inches or more.
Ground surface that has not been changed by cutting or filling
for at least two years prior to development.
The purpose for which land or a building is arranged, designed,
or intended, or for which either land or a building is or may be occupied
or maintained.
A freestanding structure designed to carry utility lines
or transmission lines.
All plant life; however, for purposes of this chapter, it
shall be restricted to mean trees, shrubs, and vines.
An establishment providing medical care, treatment, grooming,
or boarding services for animals.
A wall at least four feet high on its exposed side designed
by an Engineer to contain the thrust of an earth embankment behind
it.
[Amended 7-23-2001 by Ord. No. 96]
An establishment, conducted within an enclosed building,
that is engaged in the storage of materials, equipment, or products
that will be distributed to wholesalers or retailers.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Any device including, but not limited to, a wind charger,
wind turbine or windmill that is designed to convert wind power into
another form of energy such as electricity or heat.
[Added 2-28-2011 by Ord. No. 141]
The front, side, or rear area of a lot between the lot line
and the setback line, the depth of which is specified for each type
of yard within each zoning district by this chapter.
The shortest distance between a lot line and the adjacent
parallel setback line on a lot.
The area of a lot between the front lot line and the front
building line extending to the side lot lines, measured perpendicular
to the building at the closest point to the front lot line.
The area extending the full width of the lot between the
rear lot line and rear building line extending to the side lot lines,
and measured perpendicular to the building at the closest point to
the rear lot line.
The area of a lot between the side lot line and the side
setback line, extending from the front yard to the rear yard, and
measured perpendicular from the side lot line to the closest point
of the principal building.
The controls imposed by this chapter that define the uses
of land and buildings and the intensity of such uses that may occur
within a zoning district, such controls to be applied uniformly throughout
the district.
A contiguous area of land on all parts of which the same
uniform opportunities for development and regulatory standards apply.
The perimeter line completely enclosing a zoning district.
A body appointed by the Board of Supervisors to examine and
decide appeals for variances or from decisions of the Code Enforcement
Officer, and to hear testimony regarding the validity of municipal
regulations upon development.
The official plan of zoning districts in Adams Township,
a part of this chapter, by reference, showing precisely the boundaries
and title of each district. Said map shall be on file in the Township
Municipal Building.
[14]A body of legislation adopted by a municipality establishing
districts throughout the municipality within each of which uniform
land use regulations apply.
A document required by this chapter as a condition precedent
to the commencement of a use, or the erection, construction, reconstruction,
restoration, alteration, conversion, or installation of a structure
or building, that acknowledges that such use, structure, or building
complies with the provisions of this chapter, and any other relevant
ordinance, or authorized variance therefrom.
[3]
Editor's Note: See 53 P.S. § 10601
et seq.
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
[6]
Editor's Note: The former definition of "home office," which
immediately followed this definition, was repealed 2-28-2011 by Ord.
No. 141.
[7]
Editor's Note: See 63 P.S. § 485.1 et seq.
[8]
Editor's Note: See 53 P.S. § 10503(1.1).
[9]
Editor's Note: See 53 P.S. § 10401
et seq.
[10]
Editor's Note: See 53 P.S. § 10101
et seq.
[13]
Editor's Note: See 53 P.S. § 10601
et seq. and 53 P.S. § 10901 et seq., respectively.
[14]
Editor's Note: The Zoning Map is also included
at the end of this chapter.
A.
Lot area measurements. Lot area refers to the amount
of horizontal land area within lot lines. No zoning or building permit
or other development approval shall be issued for a lot that does
not meet the minimum lot area requirements of this chapter. For purposes
of measuring compliance with minimum lot area requirements, the area
of any property immediately behind the right-of-way line established
by dividing the known recorded or described right-of-way width by
two and measuring such distance from the center line of the vehicle
way, may be included. Where no center line has been established, it
shall be considered as a line equidistant between the opposite edges
of the paved surface or other prepared vehicular way. Rights-of-way
shall not be included in calculating lot area.
[Amended 7-23-2001 by Ord. No. 96]
B.
Lot width measurement. Lot width refers to the linear,
horizontal distance between the side lot lines as measured along the
front lot line. The minimum lot width shall be measured between the
side lot lines along a line that is parallel to the front lot line
and located the minimum front setback distance from the front lot
line.
[Amended 3-7-2005 by Ord. No. 109; 9-29-2008 by Ord. No.
125]
C.
Setbacks. Setbacks shall be measured as the distance
between lot line and the furthermost projection of a building or structure
along a line at right angles to the lot line. Setbacks shall be unobstructed
from the ground to the sky except as specified in this section.
(1)
Features allowed within setbacks:
(a)
Driveways and sidewalks;
(b)
Trees, shrubbery, or other features of natural
growth;
(c)
Fences or walls subject to height restrictions
set forth in this chapter;
(d)
Patios, decks, and off-street parking areas
no more than three feet above finished grade at any point around their
periphery may not extend closer than one-half the required setback
distance to any side or rear property line or not closer than 25 feet
to any front property line;
(e)
Balconies on second or third floor levels, outdoor
accessways to basement areas protected by railings at least two feet
six inches high on two sides, and roof overhangs may project no more
than three feet into a required yard;
(f)
Chimneys, buttresses, piers or pilasters may
extend no more than three feet into a required yard, provided they
are not more than six feet in width;
(g)
The edge of a driveway shall be set back at
least three feet from an adjacent property line unless owners of abutting
properties agree in writing that the edge may be closer to or abut
their common property line; and
(h)
Utility lines, wires, and associated structures
such as power poles.
(2)
Where a property extends to the center line of an
abutting road, the width of the right-of-way shall be considered 50
feet and buildings on the property shall be set back from the road
center line the appropriate distance according to the zone district
in which the property is located plus 25 feet.
(3)
Setback averaging. Where a vacant lot occurs adjacent
to a developed lot and the principal structure on the developed lot
is set back from the front lot line less than the required minimum
distance and is less than 200 feet from the principal structure proposed
to be erected on the vacant lot, such proposed structure may use the
average of the setback of the existing structure and the required
minimum front yard setback to determine the setback for the proposed
structure. Similarly, if principal structures exist at the time of
adoption of this chapter on either side of a vacant lot, and not more
than 200 feet from the proposed structure, the structure proposed
for erection on the vacant lot may be set back from the street the
average setback of the two existing structures, or the required minimum
setback distance, whichever is less.
(4)
On corner lots, the minimum front yard for the applicable
zoning district or setback shall be provided abutting each street
or road right-of-way.
D.
Height.
(2)
Maximum building height measured in feet. Height shall
be measured as the vertical distance between finished grade (including
finished grade of a basement with direct, at-grade walk-out access)
to the top of the highest roof beams on a flat or shed roof, the deck
level on a mansard roof, or the average distance between the eaves
and the apex of a gable, hip, or gambrel roof.
(3)
Maximum building height measured in stories. In measuring
the height of a building in stories, the following measurement rules
shall apply:
(a)
A basement, half-story, or penthouse, when designed
for dwellings or primary occupancy, shall be counted a full story;
(b)
A basement shall be counted a full story when
60% or more of the exterior surface of any front wall thereof extends
above the ground exposed exterior surface of basement front walls;
(c)
A balcony or mezzanine shall be counted a full
story when its floor area is in excess of one-third of the total area
of the nearest full floor directly below it.
(4)
Exceptions. Chimneys, church steeples, flagpoles,
water tanks, silos, mechanical equipment mounted on a roof, communications
equipment erected to meet the standards of the Federal Communications
Commission, and other structures similarly and customarily appurtenant
to a building, shall be excluded when measuring building height, provided
that the height of such excluded structures does not exceed the prescribed
maximum height for the zone district by more than 25%.
E.
Spacing requirements. Unless otherwise specified,
the required minimum space between a proposed use and an existing
use or lot shall be measured from the edge of the principal structure
housing the proposed use to the closest lot line of the existing use
or lot.
