Township of Carroll, PA Article II Definitions

§ 138-7 Definitions and word usage.

A. The following words are defined in order to facilitate the interpretation of this chapter for administrative purposes and for the carrying out of duties by appropriate officers and by the Zoning Hearing Board.

(1) Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated.

(2) Words used in the present tense include the future tense.

(3) The singular includes the plural.

(4) The word "person" includes any individual or group of individuals, a corporation, partnership, or any other similar entity.

(5) The word "lot" includes the words "plot" or "parcel."

(6) The term "shall" is always mandatory.

(7) The word "used" or "occupied" as applied to any land or building shall be construed to include the words, "intended, arranged or designed to be used or occupied."

(8) Any words not included in the following definitions will be defined as described in the latest edition of Websters Abridged Dictionary.

B. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

The relinquishment of property, or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

ACCESS DRIVE

A paved surface, other than a street, which provides vehicular access from a street or private road to a lot.

ACCESSORY BUILDING or STRUCTURE

A building or structure subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the main building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of the main building and located on the same lot with such principal use or main building.

ADULT BOOKSTORE

An establishment having, as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on obscene materials as defined below.

AGRICULTURAL OPERATION

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term also includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

[Added 10-16-2001 by Ord. No. 44]

AGRICULTURE

The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided that the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and provided further that the above uses shall not include the business of garbage feeding of hogs, fur farms or the raising of animals such as rats, mice, monkeys and the like for use in medical or other tests or experiments.

AIR RIGHTS

The right to use space above ground level.

AIR TRANSPORTATION

Establishments engaged in transportation by air, including airports, heliports, and flying fields, as well as terminal services.

[Added 3-6-2012 by Ord. No. 60]

ALLEY

A public thoroughfare other than a minor street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATIONS

As applied to a building or structure, any change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERATIONS, STRUCTURAL

Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

AMENDMENT

A change in use in any district which includes revisions to the zoning text and/or the Official Zoning Map; and the authority for any amendment lies solely with the Township Board of Supervisors.

AMUSEMENT AND RECREATION AREAS

Establishments engaged in providing entertainment for a fee and including such activities as dance halls; studios; theatrical productions; bands; orchestras and other musical entertainment; bowling alleys and billiard and pool establishments; commercial facilities, such as arenas, rings, and racetracks; public golf courses; coin-operated devices; amusement parks; membership sports and health clubs; amusement and bathing beaches; swimming pools; riding academies; carnival operations; expositions; game parlors; and horse shows.

[Added 3-6-2012 by Ord. No. 60]

ANIMAL HOSPITAL

A building where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to hospital use.

ANTENNA

Any system of wires, poles, rods, reflecting discs, or similar devices, used for the transmission or reception of electromagnetic waves, which is external to or attached to the exterior of any building.

ANTENNA, SATELLITE DISH

A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

APARTMENT

A dwelling unit within a multiple dwelling. This classification includes apartments in apartment houses, studio apartments and kitchenette apartments. Conversion apartments are not included in the classification.

APARTMENT, ACCESSORY

An independent dwelling unit incorporated within an existing single-family detached dwelling without any substantial external modification.

APARTMENT, CONVERSION

An existing dwelling unit that is or was converted to a dwelling for more than one family, without substantially altering the exterior of the building.

APARTMENT, GARDEN

A two-story multifamily dwelling, containing one-story dwelling units.

APARTMENT HOUSE

A building arranged, intended or designed to be occupied by three or more families living independently of each other.

APPLICANT

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

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary or final, required to be filed and approved prior to the 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 approval of a development plan.

AREA

The extent of surface contained within the boundaries or extremities of land or building.

AREA, BUILDING

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.

AREA, LOT

The area contained within the property lines of a lot or as shown on a subdivision plan excluding space within any street, but including the area of any easement.

ART GALLERY

A room or building devoted to the exhibition of works of art.

[Added 3-6-2012 by Ord. No. 60]

AUTO BODY SHOP

Any structure or any building or part thereof that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles of conveyance.

AUTOMOBILE AND/OR MOBILE HOME SALES GARAGE

A structure or building on a lot designed and used primarily for the display or sale of new and used automobiles, trucks, other similar motor vehicles or mobile homes, and where mechanical repairs and body work may be conducted as an accessory use incidental to the primary use.

AUTOMOBILE AND/OR MOBILE HOME SALES LOT

An open lot used for the outdoor display or sales of new or used automobiles, trucks, other similar motor vehicles or mobile homes and where minor and incidental repair work, other than body and fender, may be done.

AUTOMOBILE GARAGE

A structure or building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing, or supplying of gasoline or oil to automobiles, trucks or similar motor vehicles.

AUTOMOBILE SALES

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.

[Added 3-6-2012 by Ord. No. 60]

AUTOMOBILE SERVICE STATION

Any area of land, including any structures thereon, or any building or part thereof, that is used for the retail sale of gasoline, oil, other fuel, or accessories for motor vehicles, and which may include facilities used for polishing, greasing, washing, dry cleaning, or otherwise cleaning or servicing such motor vehicles.

AUTOMOBILE WRECKING

The dismantling or wrecking of used automobiles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

AVERAGE GROSS RESIDENTIAL DENSITY

The number of dwelling units per acre, computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development which are planned to be devoted to residential and open space uses.

BASEMENT

That portion of a building that is partially or wholly below ground level. This portion is not a completed structure and serves as a substructure or foundation for a building. A basement shall be counted as a story for the purpose of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or is used for business or dwelling purposes, other than a game or recreation room.

BED-AND-BREAKFAST

A residential use consisting of one dwelling unit with rooms or suites that are rented to the public for overnight or weekly accommodation for a fee. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.

[Added 5-3-2016 by Ord. No. 72]

BLOCK

An area bounded by streets.

BOARDINGHOUSE

A building arranged or used for the lodging, with or without meals, for compensation, by either transient or permanent residents. This definition includes rooming houses and lodging houses.

BOARDING STABLE

A structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises and for which the owner of the premises receives compensation.

[Added 3-6-2012 by Ord. No. 60]

BUFFER YARD

See "yard, buffer."

BUILDING

Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, or chattels, and including covered porches or bay windows and chimneys.

(1) ATTACHED A building which has two or more party walls except for the end units of the building.

(2) DETACHED A building which has no party walls.

(3) SEMIDETACHED A building which has only one party wall.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.

BUILDING, HEIGHT OF

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING LINE

A line parallel to the front, side, or rear lot line so as to provide the required yard.

BUILDING PERMIT

Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is located.

BUILDING SETBACK LINE

The line within a property defining the required minimum distance permitted between any enclosed structure and the adjacent right-of-way.

BUSINESS SERVICES

A company or individual that earns income by performing work or offering expertise to individuals or businesses.

[Added 3-6-2012 by Ord. No. 60]

CAMPING GROUND

A parcel of land used by campers for seasonal, recreational, or other similar temporary living purposes, in buildings of a movable, temporary, or seasonal nature, such as cabins, tents, or shelters.

CARPORT

A covered space, open on three sides, for the storage of one or more vehicles and accessory to a main or accessory building.

CARTWAY

That portion of a street or alley which is improved, designed, or intended for vehicular use, but not including shoulders, curbs, sidewalks or swales.

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the maximum number of stories.

CEMETERY

Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

[Added 3-6-2012 by Ord. No. 60]

CERTIFICATE OF OCCUPANCY

The official certification that a premises conforms to provisions of Chapter 51, Building Permits, and may be used or occupied. Such certificate is granted for new construction, and additions to existing structures.

[Added 6-20-2000 by Ord. No. 42]

CERTIFICATE OF USE

The official certification allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of this chapter and other applicable ordinances.

[Amended 6-20-2000 by Ord. No. 42]

CHANGE OF USE

An alteration of a building structure or land by change of use, theretofore existing, to a new use group which imposes other special provisions of law governing building construction, equipment, exits or zoning regulations.

CHURCH or PLACE OF RELIGIOUS WORSHIP

An institution that people regularly attend to participate in or hold religious services, meetings and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

[Added 3-6-2012 by Ord. No. 60]

CLEAR-SIGHT TRIANGLE

An area of unobstructed vision at street intersections. It is defined by lines of sight between points at a given distance from the intersection of the streets' center lines.

COMMERCIAL MOBILE RADIO SERVICE

[Added 10-16-2001 by Ord. No. 44]

(1) A mobile service that is:

(a) Provided for profit, i.e., with the intent of receiving compensation or monetary gain.

(b) An interconnected service.

(c) Available to the public, or such classes of eligible users as to be effectively available to a substantial portion of the public.

(2) For the purpose of this chapter, a commercial mobile radio service shall be synonymous with the cellular communications and paging industries and other similar industries that rely on communications towers and antennas for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals.

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, directional or panel antennas, or microwave structures, 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, television antennas or amateur radio equipment including without limitation ham or citizen band radio antennas.

[Added 10-16-2001 by Ord. No. 44]

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 10-16-2001 by Ord. No. 44]

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 10-16-2001 by Ord. No. 44]

COMPREHENSIVE PLAN

A comprehensive long-range plan adopted as an official document to guide the growth and development of the Township. The plan includes analyses, recommendations, and proposals for the Township's population, economy, housing, transportation, community facilities, and land uses.

CONDITIONAL USES

Conditional uses shall be allowed or denied by the governing body after recommendations by the Planning Commission, pursuant to express standards and criteria set forth in this chapter.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONSERVATION AREA

Environmentally sensitive and valuable lands protected from any activity that would significantly alter their ecological integrity, balance, or character, except in cases of overriding public interest.

[Added 3-6-2012 by Ord. No. 60]

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building structure, including the placement of manufactured homes.

COURT

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

COURT, INNER

A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, and that the court does not extend to a street, alley, yard or other outer court.

COURT, OUTER

A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

COVERAGE

That portion or percentage of the lot area covered by impervious materials.

DAY-CARE CENTER

See definition of "school, nursery."

DEMOLITION PERMIT

A permit issued prior to the razing of a building or structure.

[Added 6-20-2000 by Ord. No. 42]

DENSITY

The number of families, individuals, dwelling units, or housing structures per unit of land.

DEVELOPER

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

DEVELOPMENT

Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, filling, grading, paving, excavation, mining, dredging or drilling operations and the subdivision of land.

DISTRIBUTED ELECTRIC GENERATION FACILITY

A facility that is able to produce less than 1 MW of electricity from any fuel source or through any technology and is used primarily at the site where the electricity is produced.

[Added 6-20-2000 by Ord. No. 42]

DISTRIBUTION CENTER

An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air, or motor vehicle.

[Added 3-6-2012 by Ord. No. 60]

DISTRICT, ZONING

A district includes all buildings, lots, and surface areas within certain designated boundaries as indicated on the Carroll Township Zoning Map.

[1]

DRAINAGE AREA

The removal of surface water or groundwater from land by drains, grading or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

DRAINAGE SYSTEM

Pipes, swales, natural features and man-made improvements designed to carry drainage.

DRIVE-IN USE

An establishment which by design, physical facilities, service or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.

DRIVEWAY

A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

DRUGSTORE

A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as well.

[Added 3-6-2012 by Ord. No. 60]

DUMP

A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, or waste material of any kind.

DWELLING

A building or structure designed for living quarters for one or more families, including manufactured homes which are supported either by a foundation or are otherwise permanently attached to the land, but not including hotels, boarding/rooming houses or other accommodations used for transient occupancy.

DWELLING GROUP

Any building or portion thereof which is designed or used as living quarters for five or more persons unrelated to each other or the family occupying the dwelling unit. Group quarters shall include, but not be limited to, lodging and boarding houses, nursing homes, and homes for the aged.

DWELLING, MULTIFAMILY

A building, including apartment houses, row houses, or townhouses, used by three or more families living independently of each other and doing their own cooking.

DWELLING, SINGLE-FAMILY ATTACHED (ROW)

A building used for one family and having two party walls in common with other buildings (such as row house or townhouse).

DWELLING, SINGLE-FAMILY DETACHED

A building used by one family, having only one dwelling unit and having two side yards.

DWELLING, SINGLE-FAMILY SEMIDETACHED

A building used by one family, having one side yard, and one party wall in common with another building.

DWELLING, TWO-FAMILY, DETACHED

A building used by two families, having two dwellings units, one located above the other, and having two side yards.

DWELLING, TWO-FAMILY, SEMIDETACHED

A building designed and built to contain four dwelling units, consisting of two sets of dwelling units, each with one dwelling unit above another, arranged side by side and separated by a party wall.

DWELLING UNIT

A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT

A grant of one or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

EDUCATIONAL SERVICE

Establishments providing instruction and training in a variety of subjects.

[Added 3-6-2012 by Ord. No. 60]

ELECTRIC POWER GENERATION FACILITY

A facility that is able to produce more than 1 MW of electricity from any fuel source or through any technology.

[Added 6-20-2000 by Ord. No. 42]

ELECTRIC SUBSTATION

An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purpose of switching or modifying its characteristics to meet the needs of the general public.

ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES

Electric public utilities transmission and distribution facilities including substations.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Township.

ENGINEERING SPECIFICATIONS

The engineering specifications of the Township regulating the installation of any required improvement or for any facility installed by any owner, subject to public use.

ENVIRONMENTAL ASSESSMENT

An analysis of the effect of development proposals and other major actions on natural and socioeconomic features of the existing environment.

EROSION

The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.

EXCAVATION

Any act by which earth, sand, gravel, rock, or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, including the conditions resulting therefrom.

FABRICATION AND ASSEMBLY

The manufacturing from standardized parts of a distinct object differing from the individual components.

[Added 3-6-2012 by Ord. No. 60]

FACADE

The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

FAMILY

One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

[Amended 12-2-2003 by Ord. No. 51]

FAMILY CARE FACILITY

A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for four to eight residents, plus such minimum supervisory personnel as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimal level of supervision but do not require medical or nursing care or general supervision. A family care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare and may include uses such as foster homes, community residential alternative facilities, or home individual programs.

[Amended 12-2-2003 by Ord. No. 51]

FAMILY DAY-CARE HOME

A residence offering baby-sitting services and child care services for four to six children unrelated to the resident household and meeting all applicable licensing/registration requirements of the Pennsylvania Department of Public Welfare. A family day-care home is a permitted accessory use in any residential district.

FARM

Any parcel of land containing 10 or more acres, which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. Such term includes necessary farm structures within the prescribed limits and the storage of equipment used, but excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

FENCE

Any freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wiremesh, or masonry, singly or in combination. The structure is erected for one or more of the following purposes: to screen or divide one property from another to assure privacy; to protect the screened or divided property; or to define and mark the property line, when such structure is erected on or within two feet of any front, side or rear lot line. For the purpose of this chapter, a freestanding masonry wall, when located for one of the preceding purposes, is considered to be a fence. Also for the purpose of this chapter, when the term "lot line" is used in relation to fences, it shall be synonymous with "rear yard lot lines," "side yard lot lines" and "front yard lot lines." Fences are not synonymous with "garden structures" which are defined elsewhere in this chapter.

FILL

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface.

FINANCE, INSURANCE AND REAL ESTATE

Establishments such as banks, and savings and loans, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, lessors, lessees, buyers, sellers, agents, and developers of real estate.

[Added 3-6-2012 by Ord. No. 60]

FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot, excluding cellar and basement floor areas not used as primary living and sleeping quarters, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.

FLOOR AREA, HABITABLE

The aggregate of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathrooms, closets, nor unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.

FLOOR AREA RETAIL, NET

All that space relegated to use by the customer and the retail employee to consummate retail sales and to include display area used to indicate the variety of goods available for the customer but not to include office space, storage space and other general administrative areas.

FLORIST

An establishment that is primarily engaged in the sale of flowers and ornamental plants.

[Added 3-6-2012 by Ord. No. 60]

FORESTRY

The growing or harvesting of tree species used for commercial or related purposes. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or performing forest services.

[Added 3-6-2012 by Ord. No. 60]

FREIGHT HANDLING FACILITIES

Terminals with the ability to handle a large variety of goods involving various forms of transportation and providing multimodal shipping capabilities, such as rail to truck and truck to air. They differ from warehouses in that they do not usually store the freight for any period of time, although they may have warehouses associated with them.

[Added 3-6-2012 by Ord. No. 60]

GARAGE, PRIVATE

An enclosed or covered space for the storage of one or more vehicles, provided that no business, occupation or service is conducted for profit therein.

GARAGE, PUBLIC

Any garage, other than a private garage, which is used for storage, repair, rental, servicing or supplying of gasoline or oil to motor vehicles.

GARDEN APARTMENT

See definition of "apartment, garden."

GARDENING

The cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock.

GARDEN PRODUCTS

Products that are grown in gardens, including the following produce: vegetables, fruit, grains, plants, plant cuttings, flowers, seeds, nuts and herbs.

[Added 3-6-2012 by Ord. No. 60]

GARDEN STRUCTURES

Any accessory structure which may be occupied for other than sleeping or general housekeeping purposes, or which serves as a shelter primarily for human beings, except a permitted garage, porch or carport, which is located in any side or rear yard not closer than three feet to any side or rear lot line; included in this category of structures are arbors, aviaries, pergolas, trellises, barbecue shelters, bath houses, private greenhouses and freestanding screens and similar structures. No such structure may be located in any required front yard between the building setback line and the street line. Such structures may be solidly roofed and walled or open to the sky and on the sides, but if solidly roofed or solidly walled on more than two sides, they must be located within the building line of the lot and may not invade any required yard. Unscreened, unroofed, unwalled or unfenced patios, bird baths, ornamental pools and swimming pools are not considered as garden structures. Permitted structures may be attached to or be detached from a dwelling.

GOVERNING BODY

The Board of Supervisors of Carroll Township, Perry County, Pennsylvania.

GRADE, ESTABLISHED

The elevation of the center line of the streets, as officially established by the municipal authorities.

GRADE, FINISHED

The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.

GREENHOUSE

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

GROUND FLOOR

The floor of a building nearest the mean grade of the front of the building.

GROUP CARE FACILITY

A facility providing shelter, counseling, and other rehabilitative services in a family-like environment for more than nine but fewer than 15 residents, plus such minimum supervisory personnel, as may be required to meet standards of the licensing agency. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency, or family or school adjustment problems, require a minimal level of supervision but do not require medical or nursing care or general supervision. A group care facility must be licensed and/or approved by the Pennsylvania Department of Public Welfare.

GROUP DAY-CARE HOME

The premises in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises.

[Amended 10-16-2001 by Ord. No. 44]

HAZARDOUS WASTE

(1) Any garbage, refuse, sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above [but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return permits under Section 402 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1342) or source, special nuclear, or by-product material as defined by U.S.C. § 2014[2]], which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

(a) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

(2) The term "hazardous waste" shall not include coal refuse as defined in the act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[3] "Hazardous waste" shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law."[4]

HEALTH SERVICES

Health care facilities as well as establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, oxygen and miscellaneous types of medical supplies and services.

[Added 3-6-2012 by Ord. No. 60]

HEIGHT OF BUILDING

See definition of "building, height of."

HOME OCCUPATION

Any use customarily conducted entirely within a dwelling and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling, the exterior appearance of the dwelling is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than signs as provided herein.

[Amended by Ord. No. 38-A; 10-16-2001 by Ord. No. 44]

HOSPITALS

An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, including, as if an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

HOTEL

A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities.

IMPERVIOUS MATERIAL

Any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete sidewalks, paved driveways and parking areas, swimming pools and other nonporous structures or materials.

INCINERATOR

An approved device in which combustible material, other than garbage, is burned to ashes.

INDUSTRY

The manufacturing, compounding, processing, assembly or treatment of materials, articles, or merchandise.

INFRASTRUCTURE

Facilities and services needed to sustain industry, residential and commercial activities. These facilities and services may include water and sewer lines, streets and roads, communications, and public facilities (e.g., fire houses, parks, etc.).

JUNKYARD

A lot, land, or structure, or part thereof, used primarily for the collecting and sale of waste paper, rags, scrap metal, or discarded material, or for the collection, dismantling and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

[Amended 10-16-2001 by Ord. No. 44]

KENNEL

An establishment in which more than six dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold.

LABORATORY

A place equipped for experimental study in a science or for testing and analysis.

[Added 3-6-2012 by Ord. No. 60]

LAND DEVELOPMENT 

Any of the following activities:

(1) 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.

(2) A subdivision of land.

(3) Exclusion of certain land development as defined above only when such development involves:

(a) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(b) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

(c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

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 land.

LANDSCAPE PLANTING

A planting of vegetative materials including trees, scrubs and ground cover.

LIGHTING

(1) DIFFUSED That form of lighting wherein the light passes from the source through a translucent cover or shade.

(2) DIRECT or FLOOD That form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.

(3) INDIRECT That form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.

LOADING BERTH/SPACE

An off-street area on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts on a street or other appropriate means of access.

LODGING PLACE

A facility in which rental sleeping accommodations are provided and in which meals may be supplied as part of the fee.

[Added 3-6-2012 by Ord. No. 60]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets or at the point of abrupt change of a single street, where the interior angle is less than 135º and the radius of the street line is less than 100 feet.

LOT, DEPTH OF

The average horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE

An interior lot having frontage on two streets.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The lines bounding a lot as defined herein.

LOT, MINIMUM WIDTH

The minimum lot width at the building setback line.

LOT, NONCONFORMING

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.

LOT OF RECORD

A lot which has been recorded in the office of the Recorder of Deeds of Perry County, Pennsylvania.

LOT, REVERSE FRONTAGE

A lot extending between, and having frontage on, an arterial street and a minor street, and with vehicular access solely from the latter.

LOT WIDTH

The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.

MAJOR THOROUGHFARE

A street or highway designated as an existing or planned major thoroughfare.

MANUFACTURING

The processing and/or converting of raw unfinished or finished materials or products, or any, or either of them, into an article or substance of a different character, or for use for a different purpose; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.

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 CENTER

Establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health care practitioners, medical and dental laboratories, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.

MEMBERSHIP ORGANIZATION

An association or corporation established for the purpose of providing services on a nonprofit basis to its shareholders or members who own and control.

[Added 3-6-2012 by Ord. No. 60]

MINERALS

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 and crude oil and natural gas.

[Added 10-16-2001 by Ord. No. 44]

MOBILE HOME

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.

MOBILE HOME LOT

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

MOBILE HOME PARK

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

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, with separate entrances and designed for year-round occupancy, primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms.

MOTION-PICTURE THEATER

A place where motion pictures are shown to the public for a fee.

[Added 3-6-2012 by Ord. No. 60]

MUNICIPALITY

Carroll Township or Perry County.

MUNICIPALITY, LOCAL

Carroll Township.

MUSEUM

An institution devoted to the procurement, care, study, and display of objects of lasting interest or value.

[Added 3-6-2012 by Ord. No. 60]

NONCONFORMING STRUCTURE

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.

NONCONFORMING USE

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.

NURSERY, HORTICULTURE

Any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines and other plants including the buildings, structures and equipment customarily incidental and accessory to the primary use.

NURSING OR CONVALESCENT HOME

A building with sleeping rooms where persons are housed or lodged and furnished with meals, nursing care for hire and which is approved for nonprofit/profit corporations licensed by the Pennsylvania Department of Public Welfare for such use.

OBSCENE MATERIALS

Any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure, image, motion picture, sound recording, article, instrument, or any other written or printed matter which depicts or describes in a patently offensive manner sexual conduct, sexual excitement or sadomasochistic abuse or (in the case of articles or instruments) is designed or intended for use in achieving artificial sexual stimulation; and taken as a whole, appeals to the prurient interest; and taken as a whole, does not have serious literary, artistic, political or scientific value.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same down stream to the damage of life and property.

OFFICE BUILDING

A building designed or used primarily for office purposes, no part of which is used for manufacturing.

OFFICE, PROFESSIONAL

A room or rooms used for the carrying on of a profession to include, but not be limited to, physicians, dentists, architects, engineers, accountants, attorneys, real estate brokers, insurance agents entitled to practice under the laws of the Commonwealth of Pennsylvania or similar type.

OFFICIAL MAP

A legally adopted map that conclusively shows the location and width of existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings or closing of same, for the whole of the municipality.

OFF-STREET PARKING SPACE

A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.

OPEN SPACE

The unoccupied space open to the sky on the same lot with the building.

PARK

A tract of land, designated and used by the public for active and passive recreation.

[Added 3-6-2012 by Ord. No. 60]

PARKING LOT

Any lot, municipally or privately owned, for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or for a fee.

PARKING SPACE

The space within a building, or on a lot or parking lot, for the parking or storage of one automobile.

PARTY WALL

A common shared wall between two separate structures, buildings, or dwelling units.

PERMITTED USE

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PERSON

Any individual or group of individuals, corporations, partnership, or any similar entity.

PERSONAL SERVICES

Businesses primarily engaged in providing services generally to individuals, such as home laundries, portrait photographic studios, and beauty and barber shops.

PLANNING CODE

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

[5]

PLANNING COMMISSION

The Carroll Township Planning Commission, appointed by the governing body in accordance with the Second Class Township Code of Pennsylvania and the Municipalities Planning Code, Act No. 247.

PLAT

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

PORCH

A covered area in excess of four feet by five feet or 20 square feet in area at a front, side or rear door.

PREMISES

Any lot, parcel, or tract of land and any building constructed thereon.

PRESERVATION or PROTECTION

When used in connection with natural and historic resources, shall include means to conserve or safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.

[Added 10-16-2001 by Ord. No. 44]

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contain soils of the first, second or third class as defined by the United States Department of Agriculture natural resource and conservation services county soil survey.

[Added 10-16-2001 by Ord. No. 44]

PRIVATE

Not publicly owned, operated, or controlled.

PRIVATE ROAD

A legally established right-of-way, other than a public street, which provides the primary vehicular and/or pedestrian access to a lot.

PRIVATE WAREHOUSING

A building used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field.

[Added 3-6-2012 by Ord. No. 60]

PROFESSIONAL OCCUPATION

The practice of a profession by any professional, including but not limited to attorney, physician, surgeon, osteopath, chiropractor, dentist, optician, optometrist, chiropodist, engineer, surveyor, architect, landscape architect, planner or similar type, entitled to practice under the laws of the Commonwealth of Pennsylvania.

PROFESSIONAL OFFICES

The office of a member of a recognized profession maintained for the conduct of that profession, such as architect, surveyor, real estate, lawyer.

[Added 3-6-2012 by Ord. No. 60]

PROPERTY LINE

A recorded boundary of a plot. Any property line which abuts a street or other public way shall be measured from the edge of the right-of-way.

PROPRIETARY STORE

Establishments primarily engaged in retailing nonprescription drugs and medicines, health remedies and first aid products.

[Added 3-6-2012 by Ord. No. 60]

PUBLIC

Owned, operated or controlled by a government agency (federal, state, or local, including a corporation and/or board created by law for the performance of certain specialized governmental functions).

PUBLIC GROUNDS 

Includes the following:

(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas;

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

(3) 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 65 Pa.C.S.A. § 701 et seq., known as the "Sunshine Act."

[Amended 12-2-2003 by Ord. No. 51]

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.

PUBLIC SEWER AND WATER SYSTEM

Any system, other than an individual septic tank, tile field, or individual well, that is operated by a municipality, governmental agency, or a public utility for the collection, treatment and disposal of wastes and the furnishing of potable water.

PUBLIC SWIMMING POOL

Any pool, other than a residential pool, which is used, or intended to be used, for swimming, bathing, or wading, and is operated by an owner, lessees, operator, licensee, or concessionaire, regardless of whether a fee is charged for use.

PUBLIC UTILITY 

 Any business activity regulated by a government agency in which the business is required by law to:

[Added 6-20-2000 by Ord. No. 42]

(1) Serve all members of the public upon reasonable request;

(2) Charge just and reasonable rates subject to review by a regulatory body;

(3) File tariffs specifying all of its charges; and

(4) Modify or discontinue its service only with the approval of the regulatory agency.

PUBLIC UTILITY FACILITY

A facility used by a public utility to provide public utility service other than an electric power generation facility.

[Amended 6-20-2000 by Ord. No. 42]

PUBLIC WAREHOUSING

A building used primarily for the storage of goods and materials and available to the general public for a fee. Public warehouses may include bulk warehouses that include tank storage, commodity warehouses that include grain elevators, refrigerated warehouses, and general merchandise warehouses.

[Added 3-6-2012 by Ord. No. 60]

RECREATIONAL VEHICLE

A vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which has its own motor power or is mounted or drawn by another vehicle; having a body width of no more than eight feet and a body length of no more than 35 feet when factory equipped for the road, and licensed as such by the commonwealth, to include, but not be limited to, travel trailers, truck campers, camping trailers, and self-propelled motorhomes.

RECREATIONAL VEHICLE PARK OR CAMPGROUND

A parcel of land under single ownership which has been planned and improved for the placement of recreational vehicles or camping equipment for temporary living quarters, for recreational, camping or travel use, or recreational vehicle or campground lots rented for such use, thereby constituting a land development.

RECREATION AREA

A place designed and equipped for the conduct of sports and leisure-time activities.

[Added 3-6-2012 by Ord. No. 60]

RECREATION FACILITY, PRIVATE

A recreation facility operated by a nonprofit organization, and open only to bona fide members and guests of such nonprofit organization.

RECREATION FACILITY, PUBLIC

A recreation facility operated by governmental agency and open to the general public.

RECYCLING FACILITY

An establishment which provides the means for the collection, separation, recovery, and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of and processed as municipal waste.

RESIDENTIAL SWIMMING POOL

Any pool, portable or permanent, which is used or intended to be used noncommercially for swimming, bathing or wading. See Article XII, § 138-94R.

RESTAURANT

An establishment where food and drink are prepared, served and consumed primarily within the principal building.

[Added 3-6-2012 by Ord. No. 60]

RETAIL SALES

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 3-6-2012 by Ord. No. 60]

RIDING ACADEMY

An establishment where horses are kept for riding or driving, or are stabled for compensation, or incidental to the operation of any club, association, ranch, or similar establishment.

RIGHT-OF-WAY

A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses; generally, the right of one to pass over the property of another.

RIGHT-OF-WAY, STREET

A public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, road, avenue, boulevard, lane, alley, or however designated.

ROADSIDE STAND

A structure designed or used for the display or sale of neighborhood agricultural products or other goods produced on the premises upon which such a stand is located.

RUNOFF

The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

SALVAGE YARD 

 Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling salvage. The term shall not include:

(1) A scrap metal processing facility;

(2) Any tract or lot adjacent to a manufacturing or processing business where salvage is stored on an interim basis pending the final disposition of the same in the normal operation of such business;

(3) Lots maintained by a dealer (as defined by the State Vehicle Code[6]);

(4) Salvage, all of which is stored or accumulated inside a wholly self-enclosed building or other structure.

SATELLITE DISH

See definition of "antenna, satellite dish."

SCHOOL

Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership, or corporation meeting the requirements of the Commonwealth of Pennsylvania.

SCHOOL, NURSERY (DAY-CARE CENTERS)

A facility, not in a private residence, enrolling four or more children no more than five years of age and where tuition, fees, or other forms of compensation for the instruction and care of the children is charged. Such facility shall employ licensed personnel and shall be licensed by the Commonwealth of Pennsylvania.

SCREEN PLANTING

A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located.

SEASONAL DWELLING UNIT

A dwelling unit that lacks one or more of the basic amenities required for all-year or all-weather occupancy.

[Added 3-6-2012 by Ord. No. 60]

SEDIMENTATION

The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as "sediment."

SHOPPING CENTER

A group of three or more stores planned and designed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit.

[Amended 12-2-2003 by Ord. No. 51]

SIGHT DISTANCE

The length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic.

SIGN

Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.

SIGN, ADVERTISING

A sign intended for the painting, posting or otherwise displaying of information inviting attention to any product, business, service or cause not located on or related to the premises on which the sign is situated.

SIGN, BUSINESS

A sign which directs attention to a use conducted, product or commodities sold or service performed upon the premises.

SIGN, DIRECTLY ILLUMINATED

Any sign which is illuminated by an artificial light source that is within the sign or attached to the sign face and beaming outward from it.

[Added 3-6-2012 by Ord. No. 60]

SIGN, IDENTIFICATION

A sign or name plate, indicating the name of noncommercial buildings or occupants thereof, or describing the use of such buildings; or when displayed at a residence, indicating a home occupation legally existing thereat.

SIGN, ILLUMINATED

Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes.

[Added 3-6-2012 by Ord. No. 60]

SIGN, INDIRECTLY ILLUMINATED

Any sign which does not produce artificial light from within itself but which is opaque and back-lighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself.

[Added 3-6-2012 by Ord. No. 60]

SIGN, NONCONFORMING

Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

SIGN, OFF-PREMISES ADVERTISING

A sign, including billboards, intended for the painting, posting or otherwise displaying of information inviting attention to any product, business, service or cause not located on or related to the premises on which the sign is situated.

SIGN, REAL ESTATE

A sign relating to the property upon which it is located, offering such property for sale or lease, announcing improvements or changes in connection therewith, warnings, or other similar notices concerning such property.

SIGN, SERVICE

A sign which is incidental to a use lawfully occupying the property upon which the sign is located which sign is necessary to provide information to the public such as direction to parking lots, location of rest rooms, or other such pertinent facts.

SIGN, TEMPORARY

Any sign, banner, cardboard or other material carrying an advertisement or announcement, which is displayed or intended to be displayed for a period not exceeding chapter requirements.

SIGN, WALL

A sign painted on or affixed to and paralleling the outside wall of a building, and extending not more than 12 inches from such wall.

SITE DEVELOPMENT PLAN

A scaled graphical depiction of the proposed development of a lot, parcel or tract of land describing all covenants assigned, as well as accurately depicting the use, location, and bulk of all buildings and structures, intensity of use or density of development, streets, driveways, rights-of-way, easements, parking facilities, open space, public facilities and utilities, setbacks, height of buildings and structures, and other such data necessary for municipal officials to determine compliance with this chapter.

SOCIAL SERVICES

Establishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and physical disabilities.

[Added 3-6-2012 by Ord. No. 60]

SOLAR ACCESS

A property owner's right to have the sunlight shine on his land.

SOLAR SKYSPACE

The space between a solar energy collector and the sun which must be free of obstructions that shade the collector to an extent which precludes its cost-effective operation.

SOLAR SKYSPACE EASEMENT

A right, expressed as an easement, covenant, condition, or other property interest in any deed or other instrument executed by or on behalf of any landowner, which protects the solar skyspace of an actual, proposed, or designated solar energy collector at a described location by forbidding or limiting activities or land uses that interfere with access to solar energy.

SPECIAL EXCEPTION

The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with standards and criteria established by the governing body. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of the Pennsylvania Municipalities Planning Code, Act 247, as amended, and this chapter.

STABLE, PRIVATE

An accessory building in which horses are kept for private use and not for hire, remuneration, exhibition, or sale.

STABLE, PUBLIC

A building in which any horse is kept for remuneration, hire, exhibition, or sale.

STORAGE FACILITY

A structure intended for lease for the sole purpose of storing household goods, motor vehicles, or recreational equipment.

STORY

That portion of any building included between the surface of any floor and the surface of the next floor above it, or if there is not floor above it, then the space between such floor and the ceiling next above it.

STORY, HALF

A story under a gabled, hipped, or gambreled roof, the wall plates of which on at least two opposite exterior walls are not over three feet above the finished floor of such story.

STREET

Includes street, avenue, boulevard, road, highway, freeway, parkway, and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.

STREET, CUL-DE-SAC

A street intersecting another street at one end and terminating at the other in a vehicular turnaround.

STREET GRADE

The officially established grade of the street upon which a lot fronts or in its absence the established grade of the other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.

STREET LINE

The dividing line between the street and the lot, also known as the "right-of-way line."

STREET WIDTH

The distance between street lines measured at right angles to the center line of the street.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STRUCTURE, NONCONFORMING

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 enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reasons of annexation. Such nonconforming structures include but are not limited to nonconforming signs.

STRUCTURE, TEMPORARY

A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

SUBDIVISION

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 on devise, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings, shall be exempted. (See "land development.")

[Amended 6-20-2000 by Ord. No. 42]

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Municipal Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to Section 509[7]) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SURFACE DRAINAGE PLAN

A plan showing all present and proposed grades and facilities for stormwater management.

SWALE

A low lying stretch of land characterized as a depression used to carry surface water runoff.

SWIMMING POOL

A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

TOWNSHIP

Carroll Township, Perry County, Pennsylvania.

TRANSFORMER SUBSTATION

An electric substation containing an assemblage of equipment for the purpose other than generation or utilization, through which electrical energy in bulk is passed for the purpose of switching and modifying its characteristics to meet the needs of the general public.

TRASH TRANSFER FACILITY

Transfer facilities may include separation of different types of waste and aggregation of smaller shipments with larger ones. It may also include compaction to reduce the bulk of the waste. They are usually necessary because garbage trucks that pick up from houses are unsuitable for long, over-the-road hauls to distant landfills. These facilities shall operate under strict compliance with local, state and county regulations.

[Added 10-16-2001 by Ord. No. 44]

TRUCK TERMINAL

An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

[Added 3-6-2012 by Ord. No. 60]

UNDEVELOPED LAND

Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building.

UNIT

A part of the property, structure, or building designed or intended for any type of independent use, which has direct exit to a public street or way, or to a common element or common elements leading to a public street or way or to an easement or right-of-way leading to a public street or way, and includes a proportionate undivided interest in the common elements, which is assigned to the property structure or building.

[Amended by Ord. No. 38-A]

USE

The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USE, NONCONFORMING

See definition of "nonconforming use."

USE, PRINCIPAL

The primary or predominant use of any lot.

USE, TEMPORARY

A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

VARIANCE

The permission granted by the Zoning Hearing Board for an adjustment to some regulation which if strictly adhered to would result in an unnecessary physical hardship, where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of the chapter.

VEGETATIVE COVER

Shall consist of trees, shrubs, flowers, grass, ground or bank cover or suitable pervious decorative substitute.

WATERCOURSE

A stream of water, river, brook, creek or a channel or ditch for water whether natural or man-made.

WHOLESALE TRADE

Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

[Added 3-6-2012 by Ord. No. 60]

WIND ENERGY CONVERSION SYSTEM (WECS)

A device which converts wind energy to mechanical or electrical energy.

WIND ROTOR

The blades, plus hub to which the blades are attached, that are used to capture wind for purpose of energy conversion. The wind rotor is used generally on a pole or tower and along with other generating and electrical storage equipment forms a wind energy conversion system.

YARD

An unoccupied space, outside the building setback lines, other than a court, open to the sky, on the same lot with a building or structure.

YARD, BUFFER

A strip of required yard space adjacent to the boundary of a property or district, not less than the width designated in this chapter, and on which is placed (planted) year-round shrubbery, hedges, evergreens, or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district and may include a wall, as provided for in this chapter.

YARD, EXTERIOR

An open, unoccupied space between the buildings of a dwelling group or its accessory building and the project boundary or street line.

YARD, FRONT

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the building front setback line projected to the side lines of the lot. The depth of the front yard shall be measured between the front building setback line and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

YARD, INTERIOR

An open, unoccupied space between the buildings of a dwelling group or its accessory buildings, not a front, side, or rear yard.

YARD, REAR

An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear building setback line projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear building setback line. A building shall not extend into the required rear yard.

YARD, SIDE

An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.

ZONING

The demarcation of the municipality into zones or areas, and the application of this chapter to establish regulations to govern the use of the land including the control of location, bulk, height, shape, use and coverage of structures within each zone in accordance with the purposes as given in Section 604 of the Planning Code.

[8]

ZONING HEARING BOARD

A group of three Township residents appointed by the governing body as required by the Pennsylvania Municipalities Planning Code, Act No. 247.

ZONING MAP

The map setting forth the boundaries of the zoning districts of the Township which shall be part of this chapter.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter. The Zoning Officer shall administer this chapter in accordance with its literal terms.

ZONING PERMIT

A statement signed by the Zoning Officer indicating an application for permission to construct, alter, erect a building, structure or to use land is approved and in accordance with the provisions of this chapter.

[1] Editor's Note: Said Zoning Map is on file in the Township offices.

[2] Editor's Note: See 42 U.S.C. § 2014.

[3] Editor's Note: See 52 P.S. § 30.51 et seq.

[4] Editor's Note: See 35 P.S. § 691.1 et seq.

[5] Editor's Note: See 53 P.S. § 10101 et seq.

[6] Editor's Note: See 75 Pa.C.S.A. § 101 et seq.

[7] Editor's Note: See 53 P.S. § 10509.

[8] Editor's Note: See 53 P.S. § 10604.