For the purpose of this chapter, certain terms
and words shall be interpreted or defined as follows:
A.Â
Words used in the present tense shall include the
future.
B.Â
Words used in the singular shall include the plural
and the plural shall include the singular.
C.Â
The word "person" includes a corporation as well as
an individual.
D.Â
The word "lot" includes the word "plot" or "parcel."
E.Â
The term "shall" is always mandatory.
F.Â
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."
G.Â
The word "building" includes the word "structure."
H.Â
The word "erected" shall include the word "constructed."
I.Â
The word "moved" shall include the word "relocated."
Unless otherwise expressly stated, the following
words shall, for the purpose of this chapter, have the meaning herein
indicated.
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth pursuant to the Act.
[Added 6-14-2017 by Ord.
No. 1-2017]
Accessory buildings shall include, but not be limited to,
the following, which are subordinate to the principal buildings on
the same lot.
In all residential zones:
Children's playhouse, picnic shelter, greenhouse
(noncommercial), garage, carport, garden house or storage building
for domestic storage.
Swimming pool, ornamental pool, tennis court,
basketball court or similar private recreational facility.
Storage of camping, sports and similar equipment,
owned or leased for noncommercial purposes, for the use of the residents
of the premises.
Home gardening.
A use that is subordinate and incidental to the main use
or uses on the same lot or premises. Said uses shall not include nonconforming
uses under the terms of this chapter.
Any commercial establishment in which is offered for sale
as a substantial or significant portion of its stock in trade video
cassettes, movies, books, magazines or other periodicals or other
media which are distinguished or characterized by their emphasis of
nudity or sexual conduct or on activities which, if presented in live
presentation, would constitute adult entertainment.
[Added 2-12-1997 by Ord. No. 1-97]
An adult bookstore, commercial movie theater or movie house,
or other adult entertainment as defined herein. In the event that
an activity or business which might be classified under a use category
other than adult business is combined with and/or includes activities
which constitute an adult bookstore, adult movie theater or movie
house or adult entertainment as defined herein, then such activity
or business shall constitute an adult business and shall be governed
by those provisions of this chapter applicable to adult business uses.
[Added 2-12-1997 by Ord. No. 1-97]
A commercial establishment providing, either as a sole use
or in connection with or in addition to other uses, entertainment
consisting of the use of nudity or of live dancing, posing, displaying,
acting or other live presentation or use of persons in a manner intended
or likely to result in sexual arousal, excitation or titillation or
the arousal of the prurient interest.
[Added 2-12-1997 by Ord. No. 1-97]
Any commercial theater or other business which on a regular
and continuing basis show, present or makes available for viewing
on its premises depicting sexual conduct.
[Added 2-12-1997 by Ord. No. 1-97]
Any use of land or structures for farming, dairying, pasturage,
horticulture, floriculture, aboriculture, animal/poultry husbandry
and/or commercial landscaping operations. Accessory structures permitted
in conjunction with an agricultural use may include barns, stables,
corn cribs, silos, equipment storage facilities and other appurtenances
that are related to a permitted agricultural operation. Accessory
activities may include farm machinery and equipment repair conducted
by on-site residents.
A service way at least 20 feet wide, providing a secondary
public means of access to abutting properties.
Any change in the supporting members of a building such as
bearing walls, columns, beams, girders or foundations, or by extending
on a side, front or rear, or by increasing in height, or the moving
from one location to another, or any change in use.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
[Added 2-12-1997 by Ord. No. 1-97]
Any pole, telescoping mast, tower, tripod, or any other structure
that supports a device used in the transmitting or receiving of radio
frequency energy.
[Added 2-12-1997 by Ord. No. 1-97]
A room or suite of rooms in a multifamily structure, which
is designed for use as a single housekeeping unit, and which contains
a functional kitchen, bath and toilet facilities, permanently installed.
A landowner or developer who files an application, as required
by the Township, for development, including the heirs, successors
and assigns thereof.
Area of a lot or site shall be calculated from dimensions
derived by horizontal projection of the site.
The total of areas taken on a horizontal plane at the main
grade level of a building or structure exclusive of uncovered porches,
terraces and steps.
Any premises used for the retail sale of motor fuel and lubricants,
and incidental services such as lubrication, and the sale, installation
or minor repair of tires, batteries, or other automobile accessories;
but not including major repair work such as body fender repair or
spray painting.
Engine maintenance, repair or reconditioning, collision repair,
including straightening and repainting, replacement of parts and incidental
services.
The dismantling or disassembling of two or more used motor
vehicles or trailers, or the storage, sale or dumping of two or more
dismantled, partially dismantled, obsolete or wrecked vehicles or
their parts.
A portion of a building partly or completely below grade.
It shall be considered a building story if more than 50% of its clear
height is above the average level of the adjoining ground.
The offering of overnight accommodations and food service
for transient guests for compensation within the confines of a detached
single-family dwelling structure when conducted subsidiary to normal
single-family residential use.
Structure, building wall, or other outdoor surface used to
display lettered, pictorial, sculptured, or other matter which directs
attention to any product, announcement, commodity, or service offered
only elsewhere than on the premises.
The Board of Supervisors of the Township of Independence,
Beaver County, Pennsylvania.
[Added 4-9-2014 by Ord.
No. 1-2014]
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass, or other landscaping material and within which
no structure is permitted except a wall or fence.
An independent and detached structure having a roof supported
by columns or walls, or resting on its own foundation; including but
not limited to, mobile homes, greenhouses and other accessory buildings.
The vertical distance measured from the average elevation
of the finish grade to the highest point of the roof.
An imaginary line located a fixed distance from the front
line of the lot. (Refer to "yard, front.")
Any business activity which renders service primarily to
other commercial or industrial enterprises.
Any licensed or unlicensed trailer or other vehicle designed
or used for temporary living or sleeping purposes, regardless of whether
the wheels are attached or whether a foundation is constructed. "Camping
and recreational equipment" shall include travel trailers, pickup
coaches, motorized home and boat trailers and shall be defined as
follows:
TRAVEL TRAILERA vehicular, portable structure having an overall length of 40 feet or less and an overall width of eight feet or less built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation purposes, permanently identified as a "travel trailer" by the manufacturer.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
BOAT TRAILERA trailer designed to haul boats.
MOTORIZED HOMEA motorized vehicle with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
The individual designated by a patient to deliver medical
marijuana.
[Added 6-14-2017 by Ord.
No. 1-2017]
That portion of a road which is paved, graded or improved
for travel by vehicles.
A tract or parcel of land that contains the cellular communication
antenna, its support structure, accessory building(s), and parking,
and may include other uses associated with, and ancillary to, cellular
communication transmission.
[Added 2-12-1997 by Ord. No. 1-97]
A structure and necessary auxiliary components for use by
a private business organization, to send and receive electronic or
analogous signals as an integral component of a telecommunication
system, to provide services that are paid for directly by the recipients
thereof.
[Added 2-12-1997 by Ord. No. 1-97]
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 6-14-2017 by Ord.
No. 1-2017]
Any establishment where human patients or animals are examined
and treated by doctors or dentists but not hospitalized overnight.
An entity that:
[Added 6-14-2017 by Ord.
No. 1-2017]
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.
An establishment operated for social, athletic, recreational
or educational purposes but open only to members and not the general
public.
Engaging in a business, enterprise, activity or other undertaking
related to or connected with trade or commerce in general. (Excludes
home occupation)
Beaver County Planning Commission.
The legally appointed Planning Commission of Independence
Township, Beaver County, Pennsylvania.
The Commonwealth of Pennsylvania.
[Added 6-14-2017 by Ord.
No. 1-2017]
A use of land to be permitted or denied by the Governing
Body (following public hearing) after study and recommendations by
the Planning Commission, pursuant to express standards and criteria
set forth in the chapter.
An area of land and any structures thereon used for a building
contractor's office, supply yard and service facility.
A suite of rooms, consisting of at least one private bedroom,
one additional habitable room, one separate and private bathroom and
separate and private sanitary cooking facilities, designed or intended
for occupancy by one family, which is established in a portion of
a building originally used or designed for use by a single family
unit.
Any family residence other than a child's own home or the
home of a child's relative, operated for profit or not for profit,
in which child day care is provided at any one time to four, five
or six school age children (the day the child initially enters the
first grade of a public or private school system to 12 years of age),
preschoolers (approximately three years of age to initial school entry
at the first grade level of a public or private school system) or
to infants and toddlers (from birth to approximately three years of
age) who are not relatives of the caregiver.
A facility in which child day-care services are provided
for seven or more school age (under age 16), preschool or infant children
in a nonresidential structure suitable for such functions.
The area of a lot or group of lots computed exclusive of
any portion of the right-of-way of any road, divided by the number
of families housed on the lot or group of lots.
A landowner or agent or tenant thereof, who causes to be
made a subdivision of land or construction and/or development on said
land.
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 6-14-2017 by Ord.
No. 1-2017]
Any building or structure used to dispense medical marijuana
by a licensed dispensary.
[Added 6-14-2017 by Ord.
No. 1-2017]
A section of the Municipality for which uniform regulations
governing the use, height, area, and intensity of use of buildings
and land and open spaces about buildings are herein established.
Any digging or boring of a new well to explore, develop or
produce oil, gas or other hydrocarbons, or to inject gas, water or
any other fluid or substance into the earth.
[Added 2-14-2011 by Ord. No. 1-2011]
The derrick, all parts and appurtenances to such structure,
and every piece of apparatus, machinery or equipment used, erected
or maintained for use in connection with drilling.
[Added 2-14-2011 by Ord. No. 1-2011]
A private vehicular way serving only one lot or parcel which
provides access between a street and a parking area or garage located
on a lot.
[Amended 12-9-2009 by Ord. No. 4-2009]
A building or portion thereof providing complete housekeeping
facilities for one family unit.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one individual or one family.
DWELLING, SINGLE-FAMILYA detached or separate building designed for or occupied exclusively as a residence for one family.
DWELLING, DUPLEXA detached or separate building designed for or occupied exclusively by two families living independently of each other with separate entrances and facilities.
DWELLING, MULTI- OR MULTIPLE FAMILYA structure containing three or more separate dwelling units for families living independently of each other which may provide joint services and/or facilities but separate housekeeping, sanitary and cooking facilities. Such structures may be referred to as apartment, garden apartment, townhouse or row house.
A school, including a public school, parochial school, private
school, college, university and a private nursery school or preschool,
having regular sessions, with regularly employed instructors, which
teaches those subjects that are fundamental and essential in elementary,
secondary, or higher education under the supervision of the Commonwealth
of Pennsylvania or a lawfully constituted ecclesiastical governing
body, or a corporation meeting the requirements of the Commonwealth.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
Incidental repairs, replacement of parts and servicing of
small appliances and minor household equipment such as motors, lawn
equipment and chain saws. Shall not include automotive repairs, farm
equipment or repair or servicing of commercial products and machinery.
Includes built, constructed, reconstructed, moved upon or
any related physical operations on the land required for development
or building activities.
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions, including
buildings, necessary for furnishing adequate services for public health,
safety or general welfare.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or disturbed and any conditions resulting therefrom.
One or more persons who live together in a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boarding house. A family may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption. For purposes of this chapter, the term "family" shall
not include, nor shall it be interpreted to include, a group care
facility or similar functions or activities that provide room or board,
or room and board, to one or more persons who are residents by virtue
of receiving services such as health, social rehabilitative, general
supervision or similar services or functions or activities, irrespective
of whether or not they are provided by governmental agencies, their
licensed or certified agents, responsible nonprofit social service
agencies or corporations, profit oriented organizations or businesses,
or private individuals.
The sum of the gross horizontal areas of the several floors
of a building determined by dimensions measured between exterior faces
of walls as in a single-family dwelling or by dimensions measured
between common interior separating walls as in duplex, apartments
and townhouses (excludes cellar or basement floor areas, roofed porches,
roofed terraces and accessory buildings whether attached or separate).
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 6-14-2017 by Ord.
No. 1-2017]
A private garage is an accessory building with area for housing
motor driven vehicles, the property of and for the use of the occupants
of the lot on which the garage is located. A public garage is any
garage other than a private garage as defined herein, available to
clients, operated for gain, and which is used for storage, repair,
rental, lubricating, washing and servicing or equipping of motor vehicles.
A multifamily residential building, not exceeding three stories
in height, in which units are arranged side to side, back to back
or one above another, which may have either private external entrances
or common hall access, and which may have private exterior yard area
for each unit.
A retail commercial sales establishment for the sale of plants,
garden supplies and related items. Said establishments may include
the sale and service of domestic lawn equipment but shall not include
the sale or service of heavy commercial and industrial machinery.
The Board of Township Supervisors of the Township of Independence,
Beaver County, PA.
Any federal, state or local governmental agency.
An establishment that provides room and board in a family
environment to persons who receive supervised care limited to health,
social, rehabilitative or housing services. Such facilities may include
child and adult services for individuals not in need of hospitalization
or incarceration, but who because of age, convalescence, infirmity,
disability or related circumstances require such care. Group residential
facilities may be characterized as rest homes, nursing homes, halfway
houses or similarly described.
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 6-14-2017 by Ord.
No. 1-2017]
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 6-14-2017 by Ord.
No. 1-2017]
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling for use of the residents
therein.
An accessory use of a service or product oriented character,
conducted in conjunction with a single-family dwelling unit by the
residents thereof, which is clearly subordinate to the use of the
dwelling for living purposes, and does not change the character thereof,
or have exterior evidence of such subordinate use other than a small
announcement sign; and in connection therewith, there is not involved
the exterior keeping of, or exhibition of, stock in trade. In the
pursuit of such activities, all operations shall be free of any procedures
which could be construed as adversely influencing surrounding residential
uses because of noise, vibration, smoke, electrical interference,
odor or similar conditions.
May include health care, emergency facilities, sanitarium,
clinic, rest home, nursing home, convalescent home, and any place
utilized for the diagnosis, treatment, or other care of humans which
provides for overnight accommodation.
A building or a group of buildings in which lodging is provided
and offered to the general public or to a select group of patrons
for compensation.
Any discarded material or article and shall include, but
not be limited to, scrap metal, abandoned or junked motor vehicles
or vehicle parts, machinery or machinery parts, papers, glass and
related items, containers, or partially dismantled structures or parts
thereof. It shall also include complete or partially dismantled motor
vehicles not bearing current registration plates, or which do not
have valid inspection stickers, and which are not in the process of
on-going and immediate repair. It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
The use of more than 200 square feet of the area of any lot,
whether inside or outside a building, for storage keeping, or abandonment
of junk, including scrap metals, or for the dismantling, demolition
or abandonment of automobiles or other vehicles, machinery or parts
thereof.
Any structure, pen or area set aside for the breeding, boarding,
show, grooming or keeping of dogs, cats or similar domestic animals.
For purposes of this chapter, the keeping of six or more such animals
for economic gain shall be deemed a commercial kennel.
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 persons having a proprietary interest in land.
A space within the main building or on the same lot therewith
providing for the standing, loading, or unloading of vehicles.
A tract or parcel of land held in single or separate ownership,
that is described by reference to a recorded plat or by metes or bounds,
and is intended as a unit for transfer of ownership, use, improvement,
dedication or for development.
The horizontal surface area within the lines of the lot.
A lot, abutting two or more streets at their intersection,
on which the building line for all streets must be observed.
The ratio of ground area covered by principal and accessory
structures to the total ground area of the lot.
The line contiguous with the street right-of-way line.
The line generally parallel to the front lot line, which
defines the rear of the lot.
Any lot line which is not a front lot line or a rear lot
line.
The total horizontal distance across the lot, between the
side lot lines, measured at the building line.
The processing, handling or fabrication of materials and
products where no processes are involved which will produce excessive
noise, vibration, air pollution, fire hazard, noxious emission, high
traffic volumes or other factors which will disturb or endanger neighboring
properties.
Marijuana for certified medical use as legally permitted
by the commonwealth and the provisions of the Act.
[Added 6-14-2017 by Ord.
No. 1-2017]
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 6-14-2017 by Ord.
No. 1-2017]
A dispensary facility or a grower/processor facility.
[Added 6-14-2017 by Ord.
No. 1-2017]
A transportable single-family dwelling structure designed
and intended for permanent occupancy, with a minimum body width of
eight feet and a minimum body length of 32 feet, built on a chassis
for towing on its own running gear, contained in one unit, or in two
units designed to be joined into one integral unit capable of later
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 for use without attachment
to a permanent foundation other than being secured to appropriate
piers, tie-downs or similar approved anchoring devices and structures.
Any contiguous parcel or tract of land under single ownership,
used or intended to be used for the placement of two or more mobile
homes for nontransient use, together with the required improvements
and facilities upon the land, whether or not consideration or rental
is required for the use of the parcels or facilities thereon.
A factory fabricated transportable building unit, other than
a mobile home, designed to be used independently or incorporated with
similar units into a modular structure on a permanent foundation at
a permanent building site.
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and community activities;
but shall not include any sludge or hazardous waste from a municipal,
commercial or institutional water supply treatment plant, sewage treatment
plant, or air pollution control facility.
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the department under the Solid Waste Management Act
(P.L. 380, No. 97).[1] The term shall not include any facility that is used for
disposal of demolition waste or sludge from sewage treatment plants
or water supply treatment plants.
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for delivery of oil and gas to a
transmission pipeline, distribution pipeline, natural gas processing
plant of underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
[Added 2-14-2011 by Ord. No. 1-2011]
A facility designed and constructed to remove materials such
as ethane, propane and other constituents or similar substances from
oil or natural gas and which may allow such oil or natural gas to
be of such quality as is required or appropriate for transmission
or distribution to commercial markets but not including facilities
or equipment that are/is designed and constructed primarily to remove
water, water vapor, oil or naturally occurring liquids from natural
gas.
[Added 2-14-2011 by Ord. No. 1-2011]
A neighborhood oriented commercial facility that provides
essential everyday needs to the residents of the immediate community
and is not dependent upon transient or nonresident trade.
A building, structure or premises lawfully occupied at the
time of the enactment of this chapter by a use that does not conform
with the provisions of this chapter for the district in which it is
located; also, such use resulting from amendments to the Zoning District
Map or in text provisions made hereafter.
The display of the human genitalia, pubic area or buttocks
with less than a fully opaque covering, or the display of the female
breast with less than a fully opaque covering of any portion thereof
below the top of the nipple.
[Added 2-12-1997 by Ord. No. 1-97]
A facility in which services, clerical work, professional
duties and similar functions are carried out.
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents, hydrocarbons or similar
substances that are produced by drilling a well of any depth into,
through and below the surface of the earth.
[Added 2-14-2011 by Ord. No. 1-2011]
The well site testing and preparation, well site construction,
drilling, hydraulic fracturing and/or site restoration associated
with an oil and gas well of any depth; water and other fluid storage,
impoundment and transportation used for such activities and the installation
and use of all associated equipment, including tanks, meters and other
equipment and structures whether permanent or temporary and the site
preparation, construction, installation, maintenance and repair of
oil and gas pipelines and associated equipment and other equipment
and activities associated with the exploration for, production and
transportation of oil and gas other than natural gas compressor stations
and natural gas processing plants or facilities performing the equivalent
functions that operate as midstream facilities are only authorized
consistent with this chapter.
[Added 2-14-2011 by Ord. No. 1-2011]
The conduct of oil and gas drilling, as defined herein, that
involves activities performed on or above the surface of the ground,
including but not limited to: location of the well head and accessory
structures, operation of the drilling rig, construction of an access
drive and aboveground storage and/or treatment of water and fluids
used in the drilling process and which also includes related activities
performed under the surface of the ground, such as horizontal drilling
and hydrofrac zones, underground gathering and transmission pipelines
and similar underground facilities related to oil and gas drilling,
when they are located on the same property where the surface facilities
are located.
[Added 2-14-2011 by Ord. No. 1-2011]
Activities performed under the surface of the ground that
are part of the operation of oil and gas drilling, as defined herein,
located on properties within the unit for a particular drill site,
but that are not included in the drill site, including, but not limited
to: horizontal drilling and hydraulic fracturing zones, underground
gathering and transmission pipelines and similar underground facilities
to oil and gas drilling.
[Added 2-14-2011 by Ord. No. 1-2011]
The oil and gas drill site shall consist of the area occupied
by the facilities, structures and equipment necessary for or incidental
to the drilling, production or operation of an oil or gas well.
[Added 2-14-2011 by Ord. No. 1-2011]
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in or a right to develop, explore
or drill for, produce or transport oil or gas.
[Added 2-14-2011 by Ord. No. 1-2011]
Any person, partnership, company, corporation and its subcontractors
and agents who have an interest in the ownership of real property
upon which a driveway is constructed or situated.
[Added 4-9-2014 by Ord.
No. 1-2014]
Pennsylvania Municipalities Planning Code (Act 247 of 1968
as amended by Act 170 of 1988) and amendments of same as may be adopted
from time to time. [2]
A use by right which is specifically authorized in a particular
zoning district.
A commercial establishment providing services and/or goods
to individuals and businesses.
The initiation of any excavation or other disturbance of
property for the purpose of installation, construction, maintenance,
repair, replacement, modification or removal of a pipeline.
[Added 11-11-2015 by Ord.
No. 4-2015]
All parts of those physical facilities through which gas,
hazardous liquids, fresh water, salt water, or chemicals move in transportation,
including, but not limited to, pipes, valves and any other appurtenance
attached to a pipe, whether or not laid in public or private easement
or public or private right-of-way within the Township, including but
not limited to gathering lines, production lines and transmission
lines. This definition does not include pipelines associated with
franchise utilities.
[Added 11-11-2015 by Ord.
No. 4-2015]
A permit for the movement of gas, oil, water or other products
through pipelines issued by the federal government, state, local or
other applicable authority.
[Added 11-11-2015 by Ord.
No. 4-2015]
Development of a tract of land for residential purposes under
single ownership or control; the development of which is unique and
of a substantially different character than that of the surrounding
area. Such development shall be based on a plan that allows for flexibility
of design not available under standard zoning district requirements.
The Independence Township, Beaver County, Pennsylvania Planning
Commission.
The major or dominant use of a lot or land parcel.
An electric-generating facility, with the purpose of electricity
supply for the private property on which it is located, consisting
of one or more solar panels either roof or ground mounted used to
supply energy to the property owner.
[Added 4-8-2020 by Ord. No. 2-2020]
An office or business conducted by an individual, group or
association dealing with medicine, law, accounting, real estate, architecture,
engineering, finance or related services.
Any occupied residence, commercial business, school, religious
institution or other public building located within 1,000 feet of
the surface location of a well that may be impacted by noise generated
from drilling or hydraulic fracturing activity at a well site. The
term shall not include any structure owned by an oil and gas lessor
who has signed a lease or agreement with the operator granting surface
rights to drill the subject well or whose owner has signed a waiver
relieving the operator from implementation of the measures established
in this chapter for the owner's benefit.
[Added 2-14-2011 by Ord. No. 1-2011]
Public includes any use activity owned and/or operated by
federal, state, county or local governmental units.
An electric-generating facility, with the purpose of electricity
supply primarily for off-site public use, consisting of one or more
solar panels and other ancillary associated buildings and structures,
including substations, meteorological towers, electrical infrastructure,
transmission lines, and other appurtenant structures and facilities.
[Added 4-8-2020 by Ord. No. 2-2020]
For purposes of this chapter, recreation shall be defined
as follows:
MUNICIPAL RECREATIONDeveloped or undeveloped open spaces and/or structures and facilities which are provided by a governmental body for public use for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities and activities.
RECREATION, COMMERCIAL INDOORIndoor facilities for leisure time activities that are provided as a business pursuit, including facilities open to the public and those requiring membership; including but not limited to indoor theatres, lodges, fraternal organizations, bowling alleys, indoor skating facilities and similar uses and activities.
RECREATION, COMMERCIAL OUTDOOROutdoor facilities for leisure time activities that are provided as a business pursuit, including outdoor facilities open to the public including but not limited to swimming pools, tennis courts, riding stables, drive-in theaters, golf courses and similar uses and activities.
RECREATION, PRIVATEDeveloped or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or groups of individuals sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities and activities.
The registry established by the DOH for all medical marijuana
organizations and practitioners in the commonwealth pursuant to the
provisions of the Act.
[Added 6-14-2017 by Ord.
No. 1-2017]
An establishment where refreshments, meals or prepared foods
may be obtained by the public, where customers thereof customarily
arrive at the premises via motor vehicle, and where only a portion
of the persons served consume the food or drink served to them within
the main building on the premises. This definition shall include,
inter alia, such enterprises as drive-in ice cream or custard stands,
hot or cold drink or sandwich establishments and the like. Where more
than 25% of the gross business of any establishment is covered under
this definition, such establishment shall be considered a drive-in
restaurant for purposes of this chapter.
A restaurant, tea room or similar establishment where customers
purchase and consume food or drink on site.
Land reserved for use as a street, alley, interior walk,
or other public purpose and dedicated for public use. For purposes
of this chapter, public right-of-way lines shall prevail over private
parcel lines that are designated as falling within the public right-of-way.
When a lot abuts a right-of-way of a public thoroughfare or alley,
all applicable lot area and front, side and rear lot requirements
shall be computed from the public right-of-way line.
Stands offering for sale agricultural products grown on the
premises.
Stands, trailers, truck beds or similar facilities offering
products for sale which are not produced on the immediate premises.
A public or private strip of land, including the entire right-of-way
(i.e., not limited to the cartway) that affords the principal vehicular
or pedestrian means of on-grade access to abutting properties. The
word "roadway" includes, but is not limited to, street, avenue, boulevard,
thoroughfare, road, highway, freeway, parkway, lane, alley, and other
ways used or intended to be used by vehicular traffic or pedestrians
whether public or private.
[Added 4-9-2014 by Ord.
No. 1-2014]
A multifamily dwelling structure, consisting of at least
three single-family dwelling units that are attached side by side
by unpierced party walls.
An arrangement of fencing, walls or vegetative material of
sufficient height and density to conceal from view of property owners
in adjoining residential districts the structures and uses on the
premises on which the screen or buffer planting is located.
A building, buildings, premises, or portions thereof which
are used for the sale of gasoline or other fuel for motor vehicles,
as well as minor automobile repair and servicing.
The minimum distance that a structure can be located from
a right-of-way or property line or another structure, thereby creating
a required open space on a lot.
Patently offensive acts, representations, descriptions, or
depiction of sexual intercourse, masturbation, sodomy, excretory functions
or physical contact with a person's clothes or unclothed genitals,
pubic area, buttocks or, if such person be female, breasts.
[Added 2-12-1997 by Ord. No. 1-97]
A combination of retail commercial uses on a common contiguous
site, designed as a unit, with adequate off-street free parking area,
and usually consisting of a series of one-story buildings or an arcade
flanked by shops.
For purposes of this chapter, a sign shall be considered
as any writing (including letter, word or numeral); pictorial representation
(including illustration or decoration); emblem (including device,
symbol, trademark, banner or pennant); or any other figure of similar
character which is a structure or any part thereof, or is attached
to, painted on, or in any other manner represented on a building or
other structure and is used to announce, direct attention to, or advertise.
The term "sign" shall not apply to a religious symbol, void of lettering
when applied to a place of worship.
A plan, to scale, showing uses and structures proposed for
a parcel of land that includes lot lines, streets, building sites,
buildings, open space and other information.
The permission or approval for a land use activity, expressly
granted by the Zoning Hearing Board, after formal application, in
situations where provision therefore is made by the terms of this
chapter.
The use of land and structures for the raising and care of
furbearing animals, stabling and care of horses, animal kennels, bird
raising or similar operations.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A public or private way that affords the principal vehicular
or pedestrian means of on-grade access to abutting properties. A street
may be designated as a highway, thoroughfare, alley, parkway, boulevard,
road, avenue, lane, drive, place or other appropriate name.
The following street classifications shall apply to all streets
in the Township:
EXPRESSWAYExpressways are limited access freeways that carry through traffic between major urban centers and to and from points outside of a region with no local interference.
ARTERIALArterials carry major movements of traffic within or through the community.
COLLECTORCollectors carry the internal traffic movements within the Township and connect developed areas with the arterial system. The collector system simultaneously provides abutting property with road access and accommodates local internal traffic movements.
LOCALLocal streets provide access to immediately adjacent land but normally carry a small portion of the total vehicle miles traveled daily.
PRIVATEAny vehicular way that is not dedicated as a public street.
The line defining the edge of the legal width of a dedicated
street right-of-way.
A street, including the entire private right-of-way, which
is privately owned and maintained through private agreement and which
is intended for private use. A private street provides access to several
lots or parcels which do not have access to a public street and which
require access to a public street through the private street.
[Added 12-9-2009 by Ord. No. 5-2009]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Structures
include buildings, sheds and signs.
A commercial establishment storing or offering for sale building
supplies, coal, heavy equipment, feed and grain, and similar goods.
Supply yards shall not include the wrecking, salvaging, dismantling
or storage of automobiles and similar vehicles.
The Township of Independence, Beaver County, Pennsylvania.
[Added 2-14-2011 by Ord. No. 1-2011; amended 4-9-2014 by Ord. No. 1-2014]
A lot, or contiguous group of lots in single ownership or
under single control, and usually considered a unit for purposes of
development.
A facility designed to accommodate the service and storage
of trucks and which may also provide warehousing activities.
The purpose of the activity for which the land or building
thereon is designed, arranged or intended, or for which it is occupied
or maintained. The term "permitted use" or "use by right" or its equivalent
shall not be deemed to include any nonconforming use.
A modification of the literal provisions of this chapter
which the Zoning Hearing Board is permitted to grant when strict enforcement
of said provisions would cause undue hardship owing to circumstances
unique to the individual property on which the variance is sought.
Every device in or by which any person or property is or
may be transported or drawn upon a highway. the term includes special
mobile equipment as defined in the Vehicle Code (75 Pa.C.S.A. § 101
et seq.)
[Added 4-9-2014 by Ord.
No. 1-2014; amended 11-11-2015 by Ord. No. 4-2015]
Facilities for the sale and service of vehicles; includes
used car and truck dealers, factory authorized car and truck dealers,
mobile home dealers, self-propelled or towed recreational vehicle
dealers, farm or construction equipment dealers, or any similar automotive
related dealers.
A building or portion thereof designed and used for storing
personal property of an individual or family separate from their residential
site. This shall not include the storage of any merchandise, stock,
furnishings or vehicles of a business or commercial activity of any
kind.
A graded pad designed and constructed for the drilling of
one or more oil and gas wells.
[Added 2-14-2011 by Ord. No. 1-2011]
A space on the same lot with a principal structure, open,
unoccupied and unobstructed by structures, except as may be otherwise
provided in this chapter.
YARD, FRONTA yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar improvements, the depth of which is the least distance between the front lot at the right-of-way line and the building line. The front of a corner lot shall be considered: on the street that parallels the long dimension of a block; on the street of higher classification with respect to use; or, on the basis of the orientation of a majority of the other lots in the immediate vicinity.
YARD, REARA yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar improvements.
YARD, SIDEA yard between the principal structure and the side lot line, extending from the front yard, or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90º with the side lot line, from the nearest part of the principal building.
The Board appointed by the Independence Township Supervisors
and assigned specified duties under the terms and conditions specified
in this chapter.
The Official Zoning Map or Maps of Independence Township
that are part of this chapter.
The individuals authorized by the Independence Township Supervisors
to be the administrator of the day to day application of the provisions
contained in this chapter.
A statement signed by the Zoning Officer indicating that
the application for permission to construct or alter is approved and
in accordance with the requirements and terms of this chapter.
