For the purposes of this ordinance, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
The singular shall include the plural, and the plural
shall include the singular.
C.
The masculine gender shall include the feminine and
the neuter and vice versa.
D.
The word "shall " is always mandatory, and the word
"may" or "should" is always permissive.
E.
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 occupied."
F.
Any word, term, or phrase used in this ordinance,
but not specifically defined herein, shall be given its normal and
customary meaning as found in the most recent edition of Webster's
New Collegiate Dictionary.
When used in this ordinance, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise, or unless the context clearly indicates otherwise:
Any inoperable vehicle which has been lacking a currently
effective state license and inspection sticker for a period of at
least one year.
Next to or adjacent to, and includes the words "directly
across from streets," "natural features," and "rights-of-way."
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth pursuant to the Act.[1]
[Added 5-25-2017 by Ord.
No. 2017-05]
A privately owned, constructed, and maintained vehicular
access from a public or private street to four or more off-street
parking spaces or to at least one loading space.
A building (such as a private garage, private toolhouse or
children's playhouse or a noncommercial greenhouse) which is subordinate
and accessory to a principal building on the same lot and which is
used for purposes customarily incidental to those of the principal
building.
A structure serving a purpose customarily incidental to the
use of the principal building and located on the same lot as the principal
building.
A use subordinate and customarily incidental to the principal
use on the same lot.
Forty-three thousand five hundred sixty square feet.
A state of being side by side, next to, adjoining, contiguous,
or abutting one to another.
A use with a significant portion of the market value of or
total number of items for sale or rent being books, films, magazines,
video tapes, coin- or token-operated films or video tapes, paraphernalia,
novelties or other periodicals which are distinguished or characterized
by a clear emphasis on matter depicting, displaying, describing, or
relating to uncovered male or female genitals or specified sexual
activities. This shall include but not be limited to materials that
would be illegal to sell to persons under age 18 under state law.
A use including live entertainment involving persons (which
may include waiters, waitresses, dancers, clerks, bartenders, contractors,
or others) displaying uncovered male or female genitals or nude or
almost nude female breasts engaging in simulated or actual specified
sexual activities related to some form of monetary compensation paid
to a person, company, or organization operating the use or to persons
involved in such activity.
A use involving the presentation of motion pictures, video
tapes or similarly reproduced images distinguished or characterized
by an emphasis on depiction of specified sexual activities for observation
by patrons therein, and that is related to some form of monetary compensation
by the persons viewing such matter.
This shall include only the following: adult bookstore, adult
movie theater, or adult live entertainment facility/use.
A planned residential development in which residency is qualified
by age and other related characteristics as defined by the developer
in accordance with this ordinance and all applicable laws and regulations.
[Added 3-27-2014 by Ord. No. 2014-01]
The raising and keeping of field, truck or tree crops and/or
the raising and keeping of any member of the animal kingdom as a business
enterprise. Kennels and seasonal roadside produce markets as defined
herein are specifically excluded.
[Amended 9-22-2005 by Ord. No. 2005-8]
GENERAL AGRICULTUREAn activity shall be considered general agriculture provided the number of animal units is a maximum of 0.5 units per acre on parcels equal to or less than five contiguous acres and the number of animal units is a maximum of 2.0 units per acre on parcels greater than five contiguous acres. The area of greenhouses to be erected shall be less than or equal to 10,000 square feet. The production of mushrooms is excluded.
INTENSIVE AGRICULTUREAn activity shall be considered intensive agriculture when the number of animal units per acre, or the area of greenhouses erected as defined for general agriculture are exceeded. Mushroom production shall be considered intensive agriculture.
A public or private way affording only secondary means of
access to abutting property.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
An indoor or outdoor structure or area having tiers of seats,
risers, benches or grassy slope rising gradually outward from a central
open space or arena where fee-based or non fee-based events, programs,
spectacles and the like are performed or displayed.
[Added 8-19-2004 by Ord. No. 2004-7]
A building, structure, or area of land where animals are
given medical care, other than the premises where such animals are
normally kept.
The raising and keeping of livestock or poultry for any commercial
purpose. The keeping of livestock or poultry as farm pets or for domestic
purposes pursuant to the regulations of this ordinance and the raising
of garbage-fed pigs or minks shall not be construed as animal husbandry.
One animal unit is equal to a total of 1,000 pounds of animal(s).
[Added 9-22-2005 by Ord. No. 2005-8]
A building containing a stage and seating for meetings and
performances.
A place where only gasoline and a limited selection of automobile
accessories are sold to the public at retail.
An open area, other than a street, used for the display,
sale, or rental of new or used motor vehicles, recreation vehicles,
or boats in operable condition, and where no major repair work is
done.
Buildings and land areas where repairs and installation of
parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include, but not be limited to, any use that involves any of
the following work: major mechanical or body work, straightening of
body parts, painting, welding, or rebuilding of transmissions. This
use may also include any use described in the definition of "auto
service station."
The dismantling or disassembling of motor vehicles or recreational
vehicles to salvage parts therefrom, provided that no vehicle or part
shall be stored on the premises for more than six months.
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories are supplied and dispensed at retail
and where minor repairs are conducted. Uses permissible at a service
station do not include major mechanical and body work, straightening
of body parts, painting, welding, or other work involving noise, glare,
fumes, smoke, or other characteristics to an extent greater than customary.
Outside storage of inoperable or unlicensed vehicles at service stations
is limited to a maximum two-day period of time for each such vehicle.
A story in a building (excluding a subterranean building)
which has a structural ceiling five feet or more above the average
level of finished grade abutting the exterior wall(s) fronting on
any road. A basement shall be counted as one story in determining
the permissible number of stories.
A private single-family detached dwelling unit which provides
overnight sleeping accommodations and bathroom access for guests,
and provides breakfast (but no other meals or cooking or kitchen facilities
or access) to guests for a per-night charge, provided that individual
guests do not stay longer than seven days.
A use where lawful gambling activities are conducted, including
but not limited to off-track pari-mutual betting. This term shall
not include betting under the state lottery programs or betting under
the Small Games of Chance provisions of state law; which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a "membership club").
Property bounded on one side by a street, and on the other
three sides by a street, railroad right-of-way, public park, waterway,
township line, tract of land held in separate ownership, or any combination
thereof.
The Zoning Hearing Board of the Township of East Allen.
The Board of Supervisors of the Township of East Allen.
A dwelling in which the owner or tenant rents at least one
(but not more than five) rental units for residential or lodging purposes,
regardless of whether meals are furnished or not.
A strip of land at least 20 feet in width which may be a
part of the minimum setback distance and which is free of any principal
or accessory building, parking, outdoor storage or any other use than
open space.
A structure having a roof supported by columns or walls,
used for the shelter, housing, or enclosure of persons, animals, or
property. "Building" is interpreted as including "or part thereof."
The ratio obtained by dividing the maximum horizontal cross
section of all principal and accessory buildings on a lot by the total
area of the lot upon which the buildings are located.
The vertical distance of a building measured from the point
which is the mean level of the highest and lowest portion of the site
covered by the building to the highest portion of the roof.
A use that is primarily recreational in nature that involves
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy by persons recreating or travelers, or the
use of tents or cabins for seasonal occupancy by organized groups
of persons under age 18 and their counselors.
Limestone or dolomite rock formations formed by carbonate
sedimentation in shallow sea waters.
The individual designated by a patient to deliver medical
marijuana.
[Added 5-25-2017 by Ord.
No. 2017-05]
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The paved portion of a street or highway designed for vehicular
traffic.
A part of the interior of a building (excluding a subterranean
building) which has a structural ceiling less than five feet above
the average level of finished grade abutting the exterior wall(s)
fronting on any road. A cellar shall not be counted as one story in
determining the permissible number of stories.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth pursuant
to the Act.
[Added 5-25-2017 by Ord.
No. 2017-05]
An entity that:
[Added 5-25-2017 by Ord.
No. 2017-05]
Holds a permit both as a grower/processor and a dispensary pursuant
to the Act; and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
In a karst area, a distinctive bowl-shaped depression in
the land surface. It is characterized by internal drainage, varying
magnitude, and an unbroken ground surface.[2]
A motor vehicle licensed by the commonwealth in a class other
than Class I or Class II.
Any area which is predominantly open space, is used principally
for active or passive recreation, and is used for a profit-making
purpose.
The Planning Commission of the Township of East Allen.
The Commonwealth of Pennsylvania.
[Added 5-25-2017 by Ord.
No. 2017-05]
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 and whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including without limitation,
ham or citizen band radio antennas.
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.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
The document entitled "Comprehensive Plan for East Allen
Township," or any part thereof, adopted by the Board of Supervisors.
Certain specified uses which are allowed or denied by the
Board of Supervisors after recommendation by the Planning Commission
pursuant to express standards and criteria set forth in this ordinance.
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, created under the Pennsylvania
Uniform Condominium Act.
[3]A facility used for corporate or professional meetings, seminars
and/or employee training, but which may include supporting dining
and lodging facilities and related recreational facilities as accessory
uses.
[Added 8-19-2004 by Ord. No. 2004-7]
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; and the
demolition of a pre-existing building, provided that further construction
be diligently carried on.
To change or adapt land or structures to a different use,
occupancy or purpose.
The County of Northampton, Commonwealth of Pennsylvania.
The Lehigh Valley Planning Commission for Lehigh and Northampton
counties.
A building and/or land open to the public which contains
exhibits of a cultural interest, such as a museum, art gallery, nature
study area, etc.
A proposed zoning amendment made to the Board of Supervisors
by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which he has an interest.
A state of being surrounded on all sides by yards.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit issued by the Department of Health
("DOH") of the commonwealth to dispense medical marijuana pursuant
to the provisions of the Act.
[Added 5-25-2017 by Ord.
No. 2017-05]
Any building or structure used to dispense medical marijuana
by a licensed dispensary.
[Added 5-25-2017 by Ord.
No. 2017-05]
A portion of the territory of the Township within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this ordinance.
A privately owned, constructed, and maintained vehicular
access from a street or access drive to three or fewer off-street
parking spaces.
A site used primarily for the disposal by abandonment, dumping,
burial, burning other means, and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof, or waste material of any kind.
A building containing one or more dwelling units. The term
"dwelling" shall not be deemed to include automobile court, rooming
house, tourist home, hotel, motel, hospital, nursing home, dormitory,
fraternity, sorority house, or other group residence.
SINGLE-FAMILY DETACHED DWELLINGA detached building containing only one dwelling unit. The term "single-family detached dwelling" shall be deemed to include a modular home, but shall not be deemed to include a mobile home.
MODULAR HOMEA single-family detached dwelling designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent foundation and connected to utilities. The term "modular home" shall not be deemed to include a "mobile home."
A transportable, single-family dwelling designed
so that it can be:
Transported on a highway;
Used for permanent occupancy, office or place
of assembly contained in one unit or in two 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.
The term "mobile home" shall not be deemed to
include "recreation vehicle" or "modular home."
TWO-FAMILY DWELLINGA detached building containing two dwelling units which are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of both dwelling units shall comply with all requirements for a two-family dwelling in that district.
MULTIPLE-FAMILY DWELLINGA building containing three or more dwelling units. Each dwelling unit may be separately owned, provided that the area formed by the combined lots of all dwelling units in a multiple-family dwelling shall comply with all of the requirements for that type of multiple-family dwelling in that district.
LOW-RISE MULTIPLE-FAMILY BUILDINGA multiple-family dwelling (including townhouses, garden apartments, and other housing types) which do not contain more than six dwelling units, does not exceed three stories in height, and in which each dwelling unit has an independent outside access.
GARDEN APARTMENTA low-rise multiple-family building in which individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to a common cellar.
TOWNHOUSEA low-rise multiple family building in which each dwelling unit extends from ground to roof and contains two points of independent outside access.
LOW-RISE APARTMENTA multiple-family dwelling not exceeding three stories in height, in which each dwelling unit shares a common outside access with at least one other dwelling unit.
HIGH-RISE APARTMENTA multiple-family dwelling over three stories in height, in which each dwelling unit shares a common outside access with at least one other dwelling unit and elevators serve each floor.
TRIPLEXA building consisting of three dwelling units attached as a group wherein each dwelling unit has individual outside access.
[Added 3-27-2014 by Ord. No. 2014-01]
QUADRUPLEXA building consisting of four dwelling units attached as a group wherein dwelling unit has individual outside access.
[Added 3-27-2014 by Ord. No. 2014-01]
One or more rooms intended to be occupied by one family as
separate living quarters, containing sanitary facilities, kitchen
facilities, and having outside access directly from the dwelling unit
or through a common access hall.
Any person or persons working for an employer including both
part time and full time, both compensated, volunteer, and both employees
and contractors present on a lot at any one time.
The erection, construction, alteration, or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, communication, supply and disposal systems and
their essential buildings, excluding communications towers and communications
antennas, as defined herein.
A facility devoted principally to the public display or exhibition
of products and technology and which may include, as accessory uses,
facilities for meeting and/or training.
[Added 8-19-2004 by Ord. No. 2004-7]
One or more persons related by blood, marriage, or adoption
(or a group of not more than five persons not related by blood, marriage,
or adoption), living together in a single dwelling and maintaining
a common household with a single cooking facility. The term "family"
shall not include the occupants of a clubhouse, hotel, motel, fraternity/sorority
house, dormitory or boardinghouse. The term "family" shall include
a group home, which is a building occupied as a residence by residents
who receive twenty-four-hour on-site supervision by people or employees
qualified by training and experience in the field for which the group
home is indicated.
[Amended 11-20-2013 by Ord. No. 2013-08]
A man-made body of water at least 2,000 square feet in area
used for agricultural or recreational purposes.
A business substantially devoted to serving production agriculture,
which can be conducted on a property primarily used for agriculture
as defined in this Ordinance. Said businesses must be farm related
and/or designed to provided goods and services to the agriculture
community.
[Added 9-22-2005 by Ord. No. 2005-8]
A building in which food is prepared and served to the public
for consumption, but where no waiters or waitresses take orders and
serve food to seated patrons at tables, booths or counter seats.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall.
The total area of all floors, as measured to the outside
surfaces of exterior walls (or from the center line of party walls
separating two buildings), but excluding basements, cellars, crawl
spaces, garages, carports, attics without floors, open porches, balconies,
and terraces.
The management of forests and timberland, 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.
[Added 9-22-2005 by Ord. No. 2005-8]
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variant and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 5-25-2017 by Ord.
No. 2017-05]
Linear features in rock of less than one mile in length appearing
on aerial photographs, representing zones of fracture concentrations
in the bedrock.
A building, structure, or part thereof, approved by the State
Board of Funeral Directors wherein a licensed funeral director conducts
the professional practice of funeral directing, including the preparation,
care, and funeral services for the human deceased. A funeral home
may include a crematory.
Transient surface water bodies formed in sinks and closed
depressions after heavy precipitation, due to poor internal drainage.
This poor drainage may be due to residual clay remaining after solution
of limestone minerals.
Municipal, county, state, or federal government buildings
or facilities designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments.
The elevation of finished ground or paving.
A building used to conduct the business of growing of trees,
shrubs, flowers and vegetables. A greenhouse may also be used as a
retail outlet for plants grown in the greenhouse.[4]
[Added 9-22-2005 by Ord. No. 2005-8]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit from the DOH to grow and process
medical marijuana in the commonwealth, pursuant to the provisions
of the Act.
[Added 5-25-2017 by Ord.
No. 2017-05]
Any building or structure used to grow medical marijuana
by a licensed grower/processor that has a current and valid license
from the DOH pursuant to the Act.
[Added 5-25-2017 by Ord.
No. 2017-05]
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated, or disposed of in a manner customarily
accepted for ordinary solid wastes and subject to special state or
federal licensing.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
A routine, accessory, and customary nonresidential use conducted within or administrated from a portion of a dwelling which has primary residential use, that complies with the requirements of § 250-27. A dwelling that only receives business mail at the address and does not involve the conduct of any other nonresidential use shall not be considered a home occupation and shall not by itself require a permit under this ordinance for such activity.
A building or group of buildings which contains six or more
rental units for overnight lodging of travelers or for the temporary
occupancy of transients, licensed under applicable laws.[5]
A single well or system, including wells, pumps, piping,
storage and/or treatment equipment, supplying water for human consumption
and not regulated under the Pennsylvania Safe Drinking Water Act,
35 P.S. § 721.1 et seq.
[Added 1-11-2012 by Ord. No. 2012-04]
An establishment, other than an adult movie theater or movie
house, inside a completely enclosed building devoted to showing motion
pictures and/or live dramatic or musical performances.
[Added 8-19-2004 by Ord. No. 2004-7]
Any discarded material or articles (including scrap metallic
or nonmetallic items, abandoned vehicles and equipment, paper, glass,
containers, and structures). It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
Any land or structure where junk or salvage is discarded,
bought, sold, exchanged, stored, bailed, cleaned, packed, disassembled,
or handled. "Junkyards" does not include those structures where used
furniture or household equipment is stored, bought, or sold, nor those
structures or land where automobiles not abandoned are stored, bought,
or sold.
A type of topography that is formed over limestone, dolomite,
or gypsum by bedrock solution, and that is characterized by closed
depressions or sinkholes, caves, and underground drainage.
Any lot on which four or more adult (over six months of age)
dogs or cats are kept.
Shall consist of all the following: sink with piped water,
a permanent cookstove and a refrigerator.
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition) or a lessee (if he
is authorized under the lease to exercise the right of the landowner),
or other person having a proprietary interest in land.
Includes, without limitation, landscaping poles, mounds,
ceramics, fountains, decorative fences and bird baths. The term "landscaping"
does not include a decorative pond with a water depth greater than
two feet at any point on an aggregate area of more than 150 square
feet (as measured by the smallest rectangle that can be drawn around
the pond).
See "boarding house."
Any parcel or tract of land intended as a unit of ownership,
transfer of ownership, use, rent, improvement or development. The
term "lot" includes the word "plot," "parcel," and "tract." Contiguous
nonconforming lots under common ownership shall be considered one
lot.
CORNER LOTA lot situated at and abutting the intersection of two streets having an interior angle of intersection not greater than 135º.
INTERIOR LOTA lot other than a corner lot (whose sides do not abut a street).
REVERSE FRONTAGE LOTSLots which front on one public street but provide vehicular access solely from another public street at the rear of the lot.
THROUGH LOTAn interior lot having frontage on two streets.
The area contained within the lot lines, excluding area within
all existing and future street rights-of-way, flood plains, detention
basins, wetlands, drainage easements, or slopes more than 25%. Any
lots created before January 1, 1996, shall continue to use all of
the lot area contained within the lot lines excluding space within
existing or future road rights-of-way. As stated in the Zoning Ordinance
effective January 1, 1983, for the calculations.
[Amended 8-8-2002 by Ord. No. 2002-5]
The mean average horizontal distance between the front and
the rear lot lines.
The property lines bounding the lot.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from a street right-of-way. The front lot line shall be the same as an existing or future right-of-way line (whichever establishes a greater width).
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
 |
The calculation for lot size shall not include any of the
following areas: floodplain, detention basins, wetlands, drainage
easements or slopes of more than 25% [see Department of Environmental
Protection (DEP) regulations]. Any lots created before January 1,
1996, shall continue to use all of the lot area contained within the
lot lines excluding space within existing or future road rights-of-way.
As stated in the Zoning Ordinance effective January 1, 1983, for the
calculations.
[Amended 8-8-2002 by Ord. No. 2002-5]
The horizontal distance between the side lot lines measured
at the front lot line as set forth in this ordinance.
Marijuana for certified medical use as legally permitted
by the commonwealth and the provisions of the Act.
[Added 5-25-2017 by Ord.
No. 2017-05]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more grower/processor facilities
and/or dispensary facilities.
[Added 5-25-2017 by Ord.
No. 2017-05]
A dispensary facility or a grower/processor facility.
[Added 5-25-2017 by Ord.
No. 2017-05]
A building or land area used by an association of persons
and their invitees for a recreational, religious, educational, social,
fraternal, political or athletic purposes. A church is an example
of a membership club.
[Amended 9-22-2005 by Ord. No. 2005-8]
A site where a mineral, stone, sand, gravel, or topsoil is
extracted.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile homes for nontransient
residential use.
See "hotel."
The building, plus contiguous space, to which freight is
brought for transfer, assembly and sorting for shipment by motor truck.
A tavern or restaurant that has a primary or substantial
portion of the total trade in the sale of alcoholic beverages, which
frequently charges admission or cover charges for entertainment or
music for dancing.
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 2-19-2004 by Ord. No. 2004-3]
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.
A lot which does not conform with the minimum lot width,
or area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
ordinance or is legally established through the granting of a variance
by the Board. Contiguous nonconforming lots under common ownership
shall be considered one lot.
A structure which could not be built under this ordinance
by reason of restrictions on area, lot coverage, height, yards, or
other characteristics of the structure or its location on the lot,
but was lawfully in existence prior to the effective date of this
ordinance.
A use which does not comply with the applicable use provisions
of this ordinance, but which was lawfully in existence prior to the
effective date of this ordinance.
A building containing sleeping rooms used by elderly persons
who are lodged and furnished with meals with or without nursing care.
A building in which a business is conducted, but is not a
personal service, professional service, or retail store.
The Official Map[6] as adopted or amended by the Board of Supervisors showing
the characteristics of streets, watercourses, and public grounds.
[7]The map as adopted or amended by the Board of Supervisors
which designated the location and boundaries of zoning districts.
The area of a lot unoccupied by principal or accessory structures,
streets, driveways, or parking areas; but includes areas occupied
by walkways, patios, porches without roofs, playgrounds, outdoor recreation
or play apparatus, gardens or trees.
A parcel or parcels of land, or an area of water, or a combination
of land and water within a development site, which is open space designed
and intended for the use or enjoyment of residents of a development.
The raising and keeping of tree crops for any commercial
purpose.
The East Allen Township Zoning Ordinance, including the Official
Zoning Map, and any amendments enacted by the Board of Supervisors.
[8]Any area which is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
A use which does not require special action by the Zoning
Hearing Board or by the Board of Supervisors before a zoning permit
is granted by the Zoning Officer.
An individual, partnership, organization, association, trust,
or corporation. When used in a penalty provision, "person" shall include
the members of such partnership, the trustees of such trust, and the
officers of such organization, association, or corporation.
A building in which a business provides a service oriented
to personal needs which do not involve primarily retail sales of goods
or professional advisory services. Personal services include barber
and beauty shops, shoe repair shops, household appliance repair shops,
and other similar establishments.
An area of land under single ownership containing any combination
of two or more principal uses permitted by right, as a special exception,
or as a conditional use in the district in which the development is
proposed, provided a special exception or conditional use approval
must be obtained for any proposed use so listed in the regulations
of the district in which the development is proposed. Provided, however,
that the definition of "planned development" shall not include a shopping
center, as defined in this ordinance.
An area of land controlled by a single landowner, to be developed as a single entity for a number of dwelling units in a variety of housing types, and which has a development plan that does not comply with regulations on lot size, bulk or type of dwelling, density, lot coverage or required open space, which apply to any single residential district created from time to time by this ordinance, and which complies with the regulations contained in § 250-19 and Appendix A.
The Planning Commission for the Township of East Allen.
The building in which the principal use of a lot is conducted.
The single dominant use or single main use on a lot.
A building in which services are performed by a member of
a profession, including but not limited to an accountant, architect,
author, community planner, dentist, engineer, insurance agent, landscape
architect, lawyer, minister, notary, optometrist, physician, realtor,
or undertaker.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the 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.
[Amended 2-19-2004 by Ord. No. 2004-3]
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
A use primarily involving driving of motor vehicles other
than driving on a public street.
Any structure used for the transmission or retransmission
of a commercial radio or television (TV) broadcast signal.
A vehicle (regardless of size) which is designed as a temporary
dwelling for travel, recreational and vacation uses (regardless of
whether it is self-propelled or is designed to be towed or carried
by another vehicle). Recreational vehicle includes campers, pop-up
trailers, pickup coaches, travel trailers, or motor homes.
[Amended 9-22-2005 by Ord. No. 2005-8]
The registry established by the DOH for all medical marijuana
organizations and practitioners in the commonwealth pursuant to the
provisions of the Act.
[Added 5-25-2017 by Ord.
No. 2017-05]
One or more rooms intended to be occupied by one family as
separate living quarters, but does not contain one or more of the
following: sanitary facilities, kitchen facilities, or direct access
from the outside or through a common hall.
A building in which food is prepared and served to the public
for consumption, where waiters or waitresses take orders and serve
food to people at tables, booths, or counters.
A building in which retail merchandise is sold, except for
any type of business selling any type of retail merchandise which
is specifically listed in this ordinance.
RETAIL STORE, CLASS 1A retail store with less fewer 5,000 square feet in floor area.
RETAIL STORE, CLASS 2A retail store with at least 5,000, but fewer than 10,000 square feet in floor area.
RETAIL STORE, CLASS 3A retail store with 10,000 or more square feet in floor area.
The commercial boarding or renting of horses.
Land reserved for the public or others for future use as
a street or other purpose.
See "boarding house."
All of the following: sink with piped water, a toilet, and
a bathtub or shower with piped water.
An area where garbage, trash, or junk is disposed of by burial
in conformance with state regulations, but shall not include the disposal
of hazardous materials or radioactive materials.
A public or private primary or secondary school, college
or similar education institution.
[Added 10-13-2010 by Ord. No. 2010-03]
A fence or natural obstruction of sufficient height (but
not less than six feet high) to effectively visually obscure the area
being screened from adjoining areas.
An accessory use for the sale of dairy, farm, greenhouse,
or nursery products.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal property.
A system designed to collect, treat, and dispose of sewage
from users in compliance with regulations of the appropriate state
agency and of the Township.
CENTRALIZED SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, treats, and disposes sewage from more than one dwelling, principal use, or lot.
PUBLIC SEWAGE DISPOSAL SYSTEMA centralized sewage disposal system owned and operated by a public authority.
ON-LOT SEWAGE DISPOSAL SYSTEMA sewage disposal system which collects, treats, and disposes of sewage or holds sewage from only one dwelling, principal use, or lot.
A combination of four or more retail stores, financial institutions
or personal service uses on one lot or on up to three adjacent lots
in single ownership. This shall include only uses that are developed
as one integrated development with shared off-street parking and a
shared internal vehicular circulation system. This use may, in addition,
involve other uses permitted in the district in which the shopping
center is situate, including, but not limited to, professional office
uses.
A visual display or image which is affixed to, painted, or
represented directly or indirectly upon a building, structure, land,
or any surface and which directs attention to an object, product,
service, place, activity, person, institution, organization, or business,
regardless of whether such display or image is permanent or temporary,
but excluding displays or images which are decorative only.
OFF-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered elsewhere than upon the premises where the sign is located, or to which it is affixed.
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed (including signs offering premises for sale, rent or development, or advertising building trades during construction or alteration).
FREESTANDING SIGNA sign which is not attached to a building.
PARALLEL SIGNA sign which is attached to or is part of the facade of a building and does not extend more than one foot from such facade.
PROJECTING SIGNA sign which is attached to the facade of a building and extends more than one foot, but not more than six feet, from such facade.
PORTABLE SIGNA structure, which is temporary in nature, measuring 32 square feet or less, having the ability to change the copy on the sign.
TEMPORARY SIGNA device calling attention to an event or happening [as per § 250-60A(3) of this ordinance] in the next 60 days which shall be removed within seven days after the dates of the event or the happening, which shall not exceed eight square feet.
WINDOW SIGNA sign affixed to or visible through a window of a building.
The gross surface area of a sign shall be the entire area
within a single continuous perimeter enclosing the extreme limits
of such sign and in no case passing through or between any adjacent
elements of the sign. However, such perimeter shall not include any
structural or framing elements lying outside the limits of such sign
and not forming an integral part of the display.
An area of land controlled by a single landowner to be developed
as a single entity for a number of single-family detached dwellings
in compliance with the regulations contained in Appendix B.
A localized sinking of the land surface to a variable depth,
occurring in areas of carbonate bedrock, generally characterized by
a roughly circular outline, a distinct breaking of the ground surface
and downward movement of soil into bedrock voids.
Includes regrading the existing topography, filling lakes,
ponds, marshes or floodplains, clearing vegetation or altering watercourses.
All equipment, machinery, and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, storage, electrical collection and supply equipment,
transformers, and one or more wind turbines or windmills, which have
a combined total rated nameplate capacity of 100 kilowatts (kW) or
less.
[Added 4-23-2009 by Ord. No. 2009-03]
The capability of receiving direct sunlight between 9:00
a.m. and 3:00 p.m. (Solar Time) on any area of a lot not within required
yard areas.
A type of solar energy system that utilizes solar energy
to generate electricity.
[Added 1-11-2012 by Ord. No. 2012-02]
Radiant energy (direct, diffuse, and reflected) received
from the sun.
[Added 1-11-2012 by Ord. No. 2012-02]
All equipment, machinery, and structures utilized in connection
with the collection, storage, conversion, and distribution of solar
energy into space heating or cooling, water heating, and/or electricity
that is a principal use of the lot. This includes but is not limited
to solar panels, water storage, electrical batteries, electrical collection/connection
and supply equipment, and transformers.
[Added 1-11-2012 by Ord. No. 2012-02]
All equipment, machinery, and structures utilized in connection
with the collection, storage, conversion, and distribution of solar
energy into space heating or cooling, water heating, and/or electricity
for use and consumption on site that is not the principal use of the
property. This includes but is not limited to solar panels, water
storage, electrical batteries, electrical collection/connection and
supply equipment, and transformers.
[Added 1-11-2012 by Ord. No. 2012-02]
A type of solar energy system that utilizes solar energy
to heat water.
[Added 1-11-2012 by Ord. No. 2012-02]
A structure containing one or more receptive cells which
capture solar energy for use in a solar energy system.
[Added 1-11-2012 by Ord. No. 2012-02]
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
ordinance, provided that the use complies with the conditions and
standards required by this ordinance.
One or more of the following:
A large, open or enclosed place used for athletic competitions
and major events and partly or completely surrounded by tiers of seats
for spectators.
[Added 8-19-2004 by Ord. No. 2004-7]
An intensive agricultural use containing a large yard area
with pens or stables where cattle, sheep, swine or other livestock
are kept ready for sale or shipping.
[Added 9-22-2005 by Ord. No. 2005-8]
That portion of a building, included between the surface
of any floor and the ceiling next above it, having a vertical distance
of not less than seven feet shall be considered a full story. Any
such portion of a building having a vertical distance of less than
seven feet shall be considered a half-story. Basements shall be considered
full stories while cellars shall not be considered as being stories
or half-stories.
A public or private thoroughfare which affords the principal
means of access to abutting property or to multiple buildings that
are under separate ownership and/or maintenance, regardless of the
form of ownership and maintenance of the land upon which the buildings
are located. This definition includes any physical improvements (such
as cartway) and any rights to the land (such as right-of-way). The
definition includes the terms "avenue," "place," "way," "parkway,"
"lane," "boulevard," "highway," "road" and any other thoroughfare
except an alley, access drive, or driveway.
[Amended 11-12-2008 by Ord. No. 2008-15; 1-13-2016 by Ord. No. 2015-07]
ARTERIAL STREETStreets designed primarily to carry medium to heavy volumes of traffic at moderately high speeds, and generally should not provide access to land which would interfere with their primary traffic functions. Arterial streets are those streets which are so designated on the Official Zoning Map[9] of this ordinance.
COLLECTOR STREETStreets designed to carry a moderate volume of traffic between local streets and arterial streets at moderate speeds, and provide only limited vehicular access to the abutting properties. Collector streets are those streets which are so designated on the Official Zoning Map of this ordinance.
LOCAL STREETStreets designed to provide direct access from abutting properties to collector and arterial streets. Local streets are those streets which are not designated as arterial streets or collector streets on the Official Zoning Map of this ordinance.
Any change in the structural parts of a structure such as
walls, columns, beams, girders, floors, roof or ceiling, or any addition
to any structure; or the moving of a structure from one location to
another. "Structural alteration" does not include normal maintenance,
minor repairs, or interior alterations.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include: building, fence, wall, tower, swimming
pool, porch, garage, and similar structures. "Structure" shall be
interpreted as including the words "or part thereof."
A building covered by land on at least 50% of the total surface
of its walls and roof.
An area containing a swimming pool which is used by the public
or by members for a fee.
A body of water or receptacle for water having a depth at
any point greater than 30 inches which is primarily used or intended
to be used for swimming or bathing.
The use of any premises or structure for living and/or sleeping
purposes for less than 100 consecutive days in any calendar year.
A structure which is not designed to last or to be used for
a specific use for more than one year.
Any area covered by a structure or other nonvegetative surface,
including, but not limited to roofs, patios, walkways, paved or stoned
driveways and paved or stoned parking areas, paved or stoned outdoor
storage areas, swimming pools and swimming pool deck areas, expressed
as a percentage of lot area.
[Added 9-22-2005 by Ord. No. 2005-8]
The Township of East Allen, Northampton County, Pennsylvania.
See "mobile home" (listed under "dwelling") and "recreation
vehicle."
See "recreation vehicle."[10]
Any activity, occupation, business, or operation carried
on or intended to be carried on in a structure or on a lot.
The granting of permission by the Zoning Hearing Board to
use or alter land or structures which requires a variation from the
strict application of a requirement of this ordinance. Variances are
granted only in the case of exceptionally irregular, narrow, shallow
or steep lots, or other exceptional physical conditions, whereby strict
application of regulations would result in practical difficulty and
unnecessary hardship. Variances are granted only if specific requirements
are met. A variance may not be granted to permit a use, which is not
permitted in the zoning district involved.
See "animal hospital."
A building or group of buildings primarily used for the indoor
storage, transfer, and distribution of products and materials, but
not including retail uses or a motor freight terminal, unless such
uses are specifically permitted in that zoning district.
An area of the Township designated by the Township by ordinance, in accordance with the Second Class Township Code § 2611, to require connection and financial contributions by property owners to the public water supply system. See related Chapter 242 of the East Allen Township Code.
[Added 1-11-2012 by Ord. No. 2012-04]
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
CENTRALIZED WATER SUPPLY SYSTEMA water supply system which transmits water from a common source to more than one dwelling, principal use, or lot.
PUBLIC WATER SUPPLY SYSTEMA centralized water supply system that is provided, owned, and operated by East Allen Township, the East Allen Township Municipal Authority, the Bethlehem Authority, or the City of Bethlehem, and/or their successors and assigns.
[Amended 1-11-2012 by Ord. No. 2012-04]
ON-LOT WATER SUPPLY SYSTEMA water supply system which transmits water from a source on the lot to one dwelling, principal use, or lot.
Any person licensed by the Commonwealth of Pennsylvania performing
or responsible and in charge of drilling, altering, or repairing a
water well.
[Added 1-11-2012 by Ord. No. 2012-04]
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted, or otherwise constructed when the intended use of such
excavation is for the location, testing, use, withdrawal, or artificial
recharge of groundwater. This includes but is not limited to test
wells, test borings, geothermal and monitoring wells, in addition
to wells to be utilized for public or private water supplies.
[Added 1-11-2012 by Ord. No. 2012-04]
The latest version of the Water Well Completion Report, DCNR
Form 8700FMTG51OOS, or its replacement.
[Added 1-11-2012 by Ord. No. 2012-04]
An open space on the same lot with a structure (or a group
of structures), except signs, and a lot line and which is unoccupied
and unobstructed from the ground upward except as herein permitted.
FRONT YARDA yard extending the full width of the lot between a structure and the front lot line or side street lot line.
REAR YARDA yard extending the full width of the lot between a structure and a rear lot line.
SIDE YARDA yard extending from the front yard to the rear yard between a structure and the nearest side lot line.
See "district."
See "Board."
The administrative officer or officers charged with the duty
of enforcing the provisions of this ordinance.
[1]
Editor's Note: "The Act" refers to the Medical Marijuana
Act, Act of April 17, 2016, P.L. 84, No. 16.
[2]
Editor's Note: The former definition of "commercial
forestry," which immediately followed this definition, was repealed
9-22-2005 by Ord. No. 2005-8.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[4]
Editor's Note: The former definition of "group home," which
immediately followed this definition, was repealed 11-20-2013 by Ord.
No. 2013-08.
[5]
Editor's Note: The former definition of "impervious
coverage," which immediately followed this definition, was repealed
9-22-2005 by Ord. No. 2005-8. See now "total impervious coverage."
[6]
Editor's Note: The Official Map is on file
in the Township offices and can be viewed during regular office hours.
[7]
Editor's Note: The former definition of "Official Street Classification
Map" which immediately followed this definition, was repealed 11-12-2008
by Ord. No. 2008-15.
[8]
Editor's Note: The Official Zoning Map is
on file in the Township offices and can be viewed during regular office
hours.
[9]
Editor's Note: The Official Zoning Map is on file in the Township
offices and can viewed during regular office hours.
[10]
Editor's Note: The definition of "university," added 11-17-2011
by Ord. No. 2011-09, which immediately followed this definition, was
repealed 5-9-2012 by Ord. No. 2012-07.
