Township of Whitehall, PA Article XVI Definitions of Words

§ 27-194 Definitions.

[Amended 12-18-1989 by Ord. No. 1657; 4-8-1991 by Ord. No. 1729; 10-13-1997 by Ord. No. 2045; 2-9-1998 by Ord. No. 2074; 2-8-1999 by Ord. No. 2141; 3-13-2000 by Ord. No. 2219; 3-13-2000 by Ord. No. 2220; 3-13-2000 by Ord. No. 2222; 10-9-2000 by Ord. No. 2264; 5-14-2001 by Ord. No. 2310; 6-11-2001 by Ord. No. 2322; 9-10-2001 by Ord. No. 2333; 9-10-2002 by Ord. No. 2377]

A. The following words and phrases shall have the meanings hereinafter indicated, unless the text clearly states an alternative or different meaning.

ACCESS POINT

One combined ingress/egress point, or one clearly defined ingress point and one clearly defined egress point, separated by an appropriate distance.

ACCESSORY BUILDING OR STRUCTURE

A building or structure detached from and subordinate to the main building situate on the same lot and used for purposes customarily incidental to the main building. The term "accessory building or structure" shall include private garages, garden sheds, barns, playhouses, greenhouses, swimming pools and tennis courts.

ACCESSORY USE

A use separated from, subordinate to and customarily incidental to the use of the main building and situate on the same lot, including, but not limited to garages, sheds, pools, dog houses, satellite dishes, noncommercial greenhouses, home occupations and other similar uses.

[1]

ADULT BOOK STORE

An establishment which has a substantial or significant portion of its stock-in-trade, books, magazines, photographs, pamphlets, newspapers, storypapers, comic books, writings or other materials which emphasize matter depicting, describing or relating to specified sexual activity or specified anatomical areas as described hereinafter.

ADULT ENTERTAINMENT FACILITY

An establishment including, but not limited to, a book or video store, massage parlor, retail or wholesale facility, eating or drinking facility, whether commercial or nonprofit, which provides entertainment primarily exhibiting or dealing with, but not limited to specified anatomical areas or involving specified sexual activities.

ADULT MOVIE/PICTURE THEATER

An enclosed building or outdoor theater used for the presentation of motion pictures, slides or video tapes, disks or other similarly reproduced images distinguished or characterized by an emphasis on matter which depicts, describes or relates to "specified sexual activities" or "specified anatomical areas," as hereinafter defined, for observation by patrons.

ADULT RESIDENCES ACCESSORY TO AN EXISTING ASSISTED LIVING FACILITY

A residential development that is age-qualified in accordance with federal regulations as provided in § 27-141, and which involves a unified development operated under common rules, with or without private internal streets, and landscaped areas along public streets.

[Added 8-13-2007 by Ord. No. 2692]

ADVERTISING SIGN

See "billboard."

AGRICULTURE

The use of a lot, parcel or tract of land for the raising or storage of field and tree crops. The term "agriculture" does not include animal husbandry, riding academies, liveries, boarding stables, commercial forestry, dog kennels or the raising of fur-bearing animals.

AIRPORT OR AIRSTRIP

A lot, parcel or tract of land used for the taking off and landing of airplanes, jets, ultra-light aircraft or other similar aircraft, and any appurtenant areas which are designed, maintained or used for airplane support facilities such as maintenance, refueling and parking facilities.

(1) PRIVATE USE AIRPORT OR AIRSTRIP An airport or airstrip that restricts usage to the owner, operator or persons authorized by the owner or operator.

(2) PUBLIC USE AIRPORT OR AIRSTRIP An airport or airstrip open to the general public and not requiring prior permission of the owner and/or operator to land or take off.

AIRPORT ELEVATION

An elevation established at 403 feet above the mean sea level.

ALLEY

A public or private thoroughfare, with a right-of-way of 24 feet or less which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

ALLUVIAL SOILS

Water deposited soils including:

(1) Atkins Silt Loam (W).

(2) Atkins Silt Loam, Local Alluvial (AKA).

(3) Huntington Silt Loam (Hn).

(4) Lindside Silt Loam (Ln).

(5) Melvin Silt Loam (Mh).

(6) Melvin Silt Loam, Local Alluvial (MkA).

(7) Philo Silt Loam (Ph).

ALTERATION

A change or rearrangement in any structural part of an existing facility, building or structure or in an exit or entrance, or an enlargement thereof, whether by extension of a side or by an increase in height or by a movement of any or all of a structure from one location or orientation to another.

ALTERNATIVE TOWER STRUCTURE

Includes, but is not limited to, man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

AMUSEMENT

All manner and form of entertainment, all forms of rides and entertainment at fairgrounds and amusement parks, athletic contests, all other forms of diversion, sport, recreation, pastime, shows, exhibitions, contests, displays and games.

AMUSEMENT DEVICE

A device, other than a jukebox, that is used or designed to be used to provide amusement or entertainment to the user for a fee, and shall include but shall not be limited to pinball machines, video display games, billiard tables, simulated sport machines and biorhythm machines.

AMUSEMENT FACILITY

A business enterprise providing all manner and form of amusement, except adult entertainment facilities and off-track betting facilities.

ANIMAL HOSPITAL

Any building used for the treatment, housing or boarding of animals such as dogs, cats, goats, rabbits and birds or fowl by a veterinarian.

ANIMAL HUSBANDRY

The raising and keeping of livestock, poultry or other animals.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electro-magnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

ANTENNA HEIGHT

The measurement of the overall vertical length of the antenna and its support structure above the average finished grade. If such system is located on a building or other structure, the overall vertical length shall be measured and shall include the height of the building upon which the antenna and its structure is situate.

ANTENNA SUPPORT STRUCTURES

Any structure, mast, pole, tripod or tower, including all guy wires and braces utilized for the purpose of supporting an antenna or antennas.

ANTENNA/TOWER HEIGHT

When referring to a tower, antenna or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

APARTMENT

A dwelling unit, building or group of buildings containing therein one or more dwelling units designed as an integrated development with the dwelling units therein leased to the occupants for a definite period of time of at least 30 days.

APPROACH SURFACE

A surface longitudinally centered on the runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope. The perimeter of the approach surface shall coincide with the perimeter of the approach zone.

APPROACH SURFACE ZONE

That area of land and air in and about the approach surface.

ASPHALT PLANT

A building, structure or part thereof, used for the manufacture, distribution and sale of asphalt or bituminous concrete.

AUTOMOTIVE VEHICLE, MOBILE HOME, BOAT OR RECREATIONAL VEHICLE SALES

A lot, parcel, tract, building or structure, other than a street, used for the display, sale or rental or new or used motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, boats or transportable mobile or manufactured homes in operable condition. Repair work shall be considered as a separate accessory or principal use. The term "automobile and other motor vehicle, mobile home, boat or recreational vehicle sales" shall not include a mobile home or manufactured home park or a junkyard. Outside storage and display of motor vehicles, boats or manufactured homes shall be permitted as an accessory use in zones where such sales are permitted.

AUTOMOTIVE AND OTHER MOTOR VEHICLE REPAIR GARAGE

A lot, parcel, tract, building or structure where repairs of motor vehicles are conducted. The term "automotive and other motor vehicle repair garages" includes retail sales of gasoline and auto parts and the storage of vehicles being serviced. The term "automotive and other motor vehicle repair garages" includes a lot, parcel, tract, building or structure where repairs, including mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other similar characteristics are performed. For the purposes of this chapter, this term shall also include facilities engaged in closely similar repairs of boats.

AUTOMOTIVE FUELING STATION

Any lot, parcel, tract, building or structure where gasoline or other automotive fuel, oil, grease, batteries, tires and automobile accessories, or any combination thereof, are stored and sold at retail. An automotive fueling station does not include mechanical service repairs, body work, painting, spraying or welding or storage of automobiles and other motor vehicles not in operating condition.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

BAR

See "tavern."

BARBER SHOP

A business enterprise licensed by the Department of State of the Commonwealth of Pennsylvania acting through the Commissioner of Professional and Occupational Affairs designed to shave or trim the beard; to cut, shape, trim or blend the hair with the proper tools or instruments designed for said purpose; to shape the eyebrows, to give facial and scalp massaging, facial and scalp treatment, with any preparations made for said purpose, either by hand or by mechanical or electrical appliances; to singe and shampoo the hair or apply any makes of hair cream, hair lotions or hair tonics to dye, color or bleach the hair and to perform any service on a wig or hair piece; to style and to render hair straightening, hair processing, hair weaving, hair waving and curling, with such methods as: manual, mechanical, chemical or electrical, with the proper devices or proper chemical compounds developed and designed for said purpose. The term "barber shop" shall not include any or all of the above services when performed by a member of one's immediate household for a member or relative of the household.

BASEMENT

A story of a building or structure having 1/2 or more of its height (measured from floor to ceiling) below the average elevation of the finished grade. A basement shall be counted as a story for the purpose of height measurements or determining square footage, only if the vertical distance between the ceiling and the average elevation of the finished grade is more than five feet, or if the basement is used for a business or as a dwelling unit. For purposes of Article XIV, Floodplain Districts and Flood Prone Areas, the terms means any area of the building having its floor subgrade (below ground level) on all sides.

BEAUTY SHOP

See "barber shop."

BED-AND-BREAKFAST FACILITY

A single-family detached dwelling where individuals may, for consideration, use sleeping accommodations and obtain a morning meal served in the guest's room or a dining room or rooms, which may include a kitchen, apart from the dining room or rooms in which food is regularly prepared.

BETTING PARLOR

An indoor establishment in which legal betting activities are conducted, including parimutual wagering activities, but excluding "games of chance", under the Local Option Small Games of Chance Act, 10 P.S. § 311, et seq. The term shall specifically include "nonprimary locations" as defined in the Race Horse Industry Reform Act, as amended, 35 P.S. § 325.101 et seq.

BILLBOARD

A panel type sign having a sign display area advertising goods, persons, products, services or ideas which are not sold, manufactured, distributed or provided on the premises where the sign is situate.

BOARD

The Zoning Hearing Board of the Township of Whitehall; anybody granted jurisdiction under this chapter or the Municipalities Planning Code to render final adjudications.

BOARD OF COMMISSIONERS

The Board of Commissioners of the Township of Whitehall.

BOARDING, ROOMING or LODGING HOUSE

A building or structure used to shelter or feed two or more individuals not members of the operator's family, by prearrangement, for compensation, and for definite periods of time, with locked access to specific living or sleeping areas.

[Amended 1-11-2016 by Ord. No. 3039]

BRING YOUR OWN BOTTLE ESTABLISHMENT (BYOB)

A place of assembly or any other use defined in this chapter, other than a dwelling unit including, but not limited to restaurants, taverns, clubs and social buildings, that is not licensed by the Pennsylvania Liquor Control Board, in which no intoxicating beverages are sold, but where patrons are permitted to bring intoxicating beverages upon the premises for their own use and consumption. This shall not include "juice bars," "speakeasies" or any other similarly intended establishments where any structure is used for the consumption of intoxicating beverages. If a primary or substantial portion of this total trade is in admission charges for entertainment and the use has a capacity of 100 persons for such entertainment, the requirements of a nightclub shall also be met.

BUFFER YARD

A continuous strip of land, either landscaped or green space, clear of all buildings, structures, parking areas, outdoor storage areas and detention ponds. A buffer yard may include a street or driveway connecting an access point with the interior side of a buffer yard by the most direct route but shall not include any recreation area or a private street or an existing or future public street right-of-way.

BUILDING

Any structure, either open or enclosed, having a roof supported by columns, piers or walls, intended for the shelter, housing enclosure of persons, animals or chattel. The term "building" shall at all times, unless otherwise indicated, be interpreted as including the words "or a part thereof."

BUILDING AREA

The aggregate area of any and all floor area of enclosed or roofed principal and accessory buildings or structures. Such area shall be computed by using outside building or structure dimensions of the ground floor measured on a horizontal plane.

BUILDING CODE

The term "building code" when used in this chapter shall refer to any and all building codes adopted by Whitehall Township, included in Chapter 5, Code Enforcement, or similar codes.

BUILDING COVERAGE

The percentage of a lot covered by buildings.

BUILDING, FRONT LINE OF

A line drawn parallel to the front line of the lot at that portion of the building or structure, including sun parlors, covered porches (but not steps) closest to the front lot line.

BUILDING HEIGHT

The vertical dimension of a building measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the building, excluding chimneys, spires, tanks, equipment screens, elevators and equipment penthouses, architectural features such as towers, domes, atria, parapets, turrets, stairwells and other similar structures not designed for human habitation.

BUILDING RESTRICTION LINE

A line which designates the minimum distance between any building and the adjacent street right-of-way or property line. This line shall be measured from a point or points formed by the intersection of a vertical building wall with the ground (or in the case of a cantilevered building, at the vertical plane which coincides with the most projected surface), to the street right-of-way or property line.

BUILDING SETBACK LINES

(1) FRONT YARD BUILDING SETBACK LINE The line parallel to the public right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public street right-of-way shall be considered front yards.

(2) REAR YARD BUILDING SETBACK LINE The line parallel to the rear lot line and equal to the minimum depth of the rear yard designated for each district in this chapter.

(3) SIDE YARD BUILDING SETBACK LINE The line parallel to the side lot line and equal to the minimum depth of the side yard designated for each district in this chapter.

BUSINESS

Any enterprise, occupation, trade or profession engaged in, either continuously or temporarily, for remuneration or gain or the occupancy or use of a building or premise or any portion thereof for the transaction of business or the rendering or receiving of professional services.

BUSINESS OFFICE

See "office."

CAMP

A parcel used for the erection of temporary shelters (such as tents), or grounds for the parking of recreational vehicles and recreational trailers, which may include permanent water and sewage facilities, including a parcel with non-movable cabins, auditoriums, stages or other permanent buildings used on a seasonal basis for recreational purposes, but not including correctional work-release or migrant farm labor camps.

CAPACITY

Capacity shall be defined and interpreted as "occupant load," pursuant to the BOCA National Building Code or International Building Code, as amended.

CAR WASH

A building or portion thereof used for the manual or mechanical washing or automobiles and other similar vehicles.

CARTWAY

That portion of a street, alley or highway used for vehicular traffic.

CELLAR

See "basement."

CELLULAR TELEPHONE

A system providing portable telephone service to specific subscribers. A cellular telephone may also be referred to as a wireless telephone.

CEMETERY

A place owned and operated by a licensed cemetery company, for the disposal or burial of deceased human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle. The term "cemetery" does not include pet cemeteries or private family cemeteries.

CENTER LINE OF STREET, ROAD, ALLEY OR HIGHWAY

A line equidistant from and parallel to the street, road, alley or highway right-of-way lines.

CERTIFICATE OF OCCUPANCY

See "permit, occupancy."

CHURCH

A building or group of buildings, including customary accessory buildings thereto, designed, intended or used for public worship. The term "church" shall include chapels, cathedrals, temples and similar designations, parish houses, convents and other similar accessory uses.

CHURCHES OR RELATED FACILITIES

A place of worship for recognized religious organizations, or a certified or accredited parochial school, academy or college. The phrase "churches or related facilities" shall include nursery schools or day-care centers which are certified or licensed by the Commonwealth of Pennsylvania. The phrase "related facilities" shall include play fields and areas, fellowship parks, outdoor service areas and similar uses by the church.

CLEAR SITE TRIANGLE

An area of unobstructed vision at street intersections defined by the center lines of the streets and by a line of sight between points on their center lines at a predetermined distance from the intersection of the center lines.

CLUB, LODGE OR SOCIAL BUILDING

A building, structure, or part thereof, used to house a club or social organization not conducted for profit and which is not an adjunct to, operated by or in connection with a tavern, cafe or other public place.

COMMERCIAL COMMUNICATIONS TOWER

(1) ALTERNATIVE TOWER STRUCTURE Includes, but is not limited to, man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennae or towers.

(2) ANTENNA/TOWER HEIGHT The overall height of the tower from the base of the tower to the highest point of the tower including, but not limited to, antennas, transmitters, satellite dishes or any other structures affixed to or otherwise placed on the tower. If the base of the tower is not on ground level, the height of the tower shall include the base of the building or structure to which the tower is attached.

(3) AMERICAN NATIONAL STANDARDS INSTITUTE A national organization which formulates guidelines and standards. ANSI standards are recognized as authoritative by the FCC.

(4) BACKHAUL NETWORK The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

(5) CELLULAR TELEPHONE A system providing portable telephone service to specific subscribers. A cellular telephone may also be referred to as a wireless telephone.

(6) CHANNEL A segment of a frequency band assigned to a specific user.

(6.1)

CO-LOCATION Equipment affixed to or erected upon existing wireless communication facilities or other communications towers, utility structures, antennae and related appurtenances, all of which have been previously approved by the Township under these regulations to exist. [Added 11-10-2008 by Ord. No. 2748]

(7) COMMERCIAL COMMUNICATIONS TOWER A structure, partially or wholly exterior to a building, used for mounting antennas which transmit or retransmit radio signals.

(8) CONSTRUCTION PERMIT A document issued by the FCC to a broadcast applicant giving permission to construct a radio or TV broadcast station. It is not the same as a station license.

(9) ELECTROMAGNETIC RADIATION (EMR) A technical term for the nature of energy emitted by a transmitting antenna.

(10) EQUIPMENT SHELTER/BUILDING An unmanned building, cabinet or shelter containing communications equipment and other related contents required for the operation of communication towers or antennae.

(11) FALL ZONE The area on the ground that is within a distance equal to 125% of the height of a tower.

(12) INTERMODULATION A technical term referring to the possible mixing of two transmitted signals which creates unwanted and potentially interfering signals.

(13) REINTERFERENCE Disturbances in reception caused by intruding signals or electrical current.

(14) STRUCTURAL CAPACITY A term describing the physical ability of a tower and associated antennas to withstand design loading without collapsing.

COMMERCIAL VEHICLE

Any and all vehicles, machinery or equipment which has a gross vehicle weight rating in excess of 12,000 pounds and is used for commercial or business purposes including, but not limited to, construction equipment, bulldozers, trailers, back hoes, compressors, front end loaders, trucks, storage trailers or part thereof, etc.

COMMISSION

The Planning Commission of the Township of Whitehall.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; a structure providing an area that is designed and constructed to prevent the passage of water and water vapor.

COMPREHENSIVE PLAN

The official comprehensive plan for the Township of Whitehall.

CONDITIONAL USE

The use of a lot, parcel, tract, building or structure which requires the review thereof by the Planning Commission, the submission of the Planning Commission's recommendations to the Board of Commissioners and final approval by the Board of Commissioners.

CONDOMINIUM

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

CONFINED ANIMAL FEED OPERATION

The confined feeding animals (including fowl) for food, fur or pleasure in lots, pens, ponds, sheds, barn buildings or any other structure where food is supplied to the animal by means other than grazing. Pursuant to the Pennsylvania Nutrient Management Act, a confined animal feeding operation is that which exceeds two animals equivalent units per acre. An animal equivalent unit 1,000 pounds of live weight of any animal. Also known as concentrated animal feeding operations.

CONICAL SURFACE

The surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

CONICAL SURFACE ZONE

That area located at 150 feet above the airport elevation at the intersection with the horizontal zone and extending thereafter 20 feet horizontal for each foot of vertical elevation extending to a height of 350 feet above the airport elevation. The conical zone extends outward from the periphery of the horizontal surface zone a horizontal distance of 4,000 feet.

CONSERVATION AREAS

A parcel of land used for the care, management, nurturing or conservation of plant life, environmentally sensitive zones, the protection of soil from erosion, the fostering of wildlife for noncommercial purposes (not including animal husbandry), the planting and care of trees not to be used for commercial purposes and the establishment of trails or observations points for the enjoyment of same.

CONSTRUCTION

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

CONTRACTOR'S YARD

A lot, parcel or tract of land, or part thereof, used to store materials used by a contractor in the construction of a road, highway, structure or building, landscaping or utilities.

CONVENIENCE STORE

See "grocery store."

DAY-CARE CENTER

A state licensed establishment for the daytime care of children or a facility designed, maintained and used for the daytime care of adults who cannot care for themselves due to age or physical or mental disability. The term "day-care center" shall include nursery schools.

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this act to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of common please of the County and judicial district wherein the municipality lies.

DECK

A platform which is not covered by a roof or permanent awning and is designed, intended or used for outdoor living purposes as an accessory use to a structure.

DENSITY, GROSS

A number determined by dividing the total number of dwelling units by the base site area (total amount of land in the lot, parcel or tract to be developed minus all of that land within the existing or future street right-of-way, utility rights-of-way, easements or land used for storage drainage facilities). Density requirements shall be determined in direct proportion to lot size, i.e., maximum eight units per acre, four units per 1/2 acre, two units per quarter acre.

DETENTION POND

A basin designed, intended or used to retain stormwater runoff by temporarily storing the runoff in the basin and releasing it at a predetermined rate.

DETERMINATION

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

(a) The Commissioners.

(b) The Zoning Hearing Board.

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

DEVELOPMENT

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

DISTRIBUTION FACILITY

A building, structure or part thereof, used for the temporary storage of products, merchandise, goods, materials, food stuffs or manufactured parts, which are intended to be repackaged, relabeled, assembled or removed from the premises soon thereafter.

DORMITORY

A building, structure or portion thereof containing living quarters for students, staff or members of a college, university, boarding school, theological school, hospital, religious order or comparable organization and is either owned or managed by said organization and contains not more than one cooking facility and eating area.

DRIVE-IN SERVICE ESTABLISHMENTS

An establishment or activity where patrons are provided with professional or personal services for consumption of use outside of the confines of the principal building or in vehicles parked upon the premises, regardless of whether seats or similar accommodations are otherwise provided. The term "drive-in service establishments" shall not include private theaters.

DRIVEWAY

A designated accessway from a road, street, highway or alley to a home, occupation, building or structure.

DWELLING

Any building that is designed, maintained or used, in whole or in part, for residential purposes.

DWELLING UNIT

A room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.

EASEMENTS

A liberty, privilege or advantage which one has in the lands of another for a precise and definite purposes, subordinate to but not inconsistent with the owner's general property rights.

EDUCATIONAL INSTITUTION

A public, private or parochial school, academy or college certified or accredited. The term "educational institution" shall not include nursery schools or day-care centers.

ELECTRICAL SUBSTATION

An assemblage of equipment for transferring electric power rather than for its generation or utilization.

EQUIPMENT BUILDING

An unmanned building, cabinet or shelter containing communications equipment and other related contents required for the operation of communication towers or antennae.

[Amended 8-8-2005 by Ord. No. 2578]

ESSENTIAL UTILITIES

Utilities such as sewage, water, gas and electric lines and related appurtenances as required and necessary to serve property owners in the municipality are essential utilities. The term "essential utilities" shall not include cross-country transmission lines or other utilities not required or necessary to serve the municipality.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

EXCAVATION

The removal of topsoil, clay, overburden, rock or similar material for the purposes of construction, quarrying and surface mining and land contouring. Where excavation does not take place in conformity with an approved land development plan and is permanent in nature for purposes of removing minerals, clay, sand or similar material from the earth for use on another property, such excavation shall be deemed to be a quarrying and surface mining activity.

EXTENDED STAY HOTEL

Any building containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes for guests for a period of one week or more, but not more than 180 days; and which contain kitchen facilities for food preparation, including but not limited to such facilities as refrigerators, stoves, and ovens.

[Added 1-10-2005 by Ord. No. 2530]

FAA

The Federal Aviation Administration.

FALL ZONE

The area on the ground that is within a distance equal to 125% of the height of the tower.

FAMILY

One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage or legal adoption, no such family contain more than five nontransient unrelated persons, except where disability requires that more than five unrelated persons reside together; in such cases there shall be no requirement for persons with disabilities to petition, apply or experience a process to obtain approval to live in any zoning district in the Township. The term "family" shall not include the occupants of a clubhouse, hotel, motel, fraternity house, dormitory, boarding or rooming house or short-term rental facility.

[Amended 1-11-2016 by Ord. No. 3039; 3-13-2023 by Ord. No. 3298]

FCC

The Federal Communications Commission.

FENCE

A man-made barrier placed or arranged as a line of demarcation between lots or used to enclose a lot, parcel, tract or portion thereof. The term "fence" does not include barriers of landscaped materials such as trees, bushes or hedges.

FINISHED GRADE

See "grade, finished."

FISH AND WILDLIFE REFUGES

A parcel of land operated and managed for the fostering of the growth and propagation of wildlife, fish, game and the provision of vegetation, cover and nesting areas for noncommercial purposes, but not including areas for animal husbandry or stocked commercial hunting grounds.

FLOOD

A temporary inundation by surface water of land areas not continually inundated.

FLOOD-FRINGE AREA

The remaining portions of the 100-year floodplain in the Flood Insurance Study, where a floodway has been delineated and 100-year flood elevations have been determined.

FLOODPLAIN

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation during a one-hundred-year design frequency storm or an area subject to the accumulation of runoff of surface waters from any source.

FLOODPRONE AREA

Those areas which are subject to the unusual and rapid accumulation of surface water from any source not identified on flood maps, but which frequently become inundated with surface water. Also those areas in excess of a 100 acre tributary watershed.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to buildings or structures which reduce or eliminate flood damage to real estate or improved real property, water, sanitary and other utility facilities, structures and their contents.

FLOODWAY AREA

The areas identified as "floodway" in the Flood Insurance Study provided by the Federal Emergency Management Agency. This term shall also include floodway areas which have been identified in other available studies or sources of information for those floodplain areas where no floodway has been identified in the Flood Insurance Study.

FLOOR AREA OR SPACE

The aggregate area of all floor areas in a building or structure. Floor area shall be determined by measuring the horizontal plain from interior wall to interior wall at floor level.

FLORIST SHOP

A building, structure or part thereof, used in whole or in part for the retail sale of real or artificial flowers, arrangements or plants and related items.

FOREST

Those areas, groves or stands of mature or mostly mature trees covering an area greater than 1/4 of an acre; or groves of mature trees consisting of more than 10 individual trees. For the purposes of this definition, "mature trees" shall be defined as those trees having a width of six inches caliper at a height of 14 inches above the ground.

FORESTRY

The act, process or business of removing trees from a lot, parcel or tract of land; developing, caring for or cultivating mature forests; the management of growing timber for lumber or commercial wood by-products.

(1) CLEAR CUTTING A logging or land-clearing method whereby all trees from a tract of land or a portion thereof are removed.

(2) FORESTER A person with a degree in forestry from a college or university accredited by the Society of American Foresters.

(3) LOGGING OR LUMBERING The cutting down of trees in or for any type of business or commercial purpose.

(4) SELECTION METHOD LOGGING A method of selectively removing trees from a wooded area, either singly or in small groups, according to age and size, with a provision being made for natural or artificial revegetation.

(5) SPLASH All debris resulting from logging operations, including stems, limbs or parts thereof.

(6) TONS That part of the felled tree which is left above the part of the tree to be utilized as the lumbering log.

(7) TREE BUFFER ZONE Land surrounding the immediate perimeter of a wooded area or logging operation in which no cutting of trees or other vegetation shall occur, except for the isolated cutting of individual trees which are dead, damaged, sick, infected or constitute a danger to neighboring property, the public generally, or other trees in the area.

FREESTANDING SIGN

A sign which is supported by one or more columns, uprights, braces or similar structures which are affixed to or are situated upon the ground.

FRONTAGE

That part of a lot abutting a street right-of-way, commonly referred to in terms of "feet of frontage."

FUEL

Any substance that is burned, consumed or otherwise used for the production of light, heat, power or energy.

FUNERAL HOME

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 dead.

GAME ROOM

A place where amusement devices are provided and utilized as the principal use of the premises.

GARAGE

(1) COMMERCIAL GARAGE A building or part thereof used for the storage of one or more vehicles for remuneration which may include facilities and equipment for servicing, repairing, washing or reconditioning vehicles, as well as any and all services or equipment provided by or at a motor vehicle service station.

(2) PARKING GARAGE A garage for the convenience of the general public in which no servicing, repairs, washing or reconditioning of motor vehicles occurs.

(3) PRIVATE GARAGE A building or part thereof, whether or not enclosed, used for the storage of vehicles or used for the convenience of the owner or occupants of the main building and in which no business, use or service is rendered, provided or conducted for the benefit of the general public.

GARBAGE

See "solid waste."

GENERAL FLOODPLAIN AREA

The areas identified as Zone A in the Flood Insurance Study for which no 100-year flood elevations have been provided. When available, information from other Federal, State and other acceptable sources shall be used to determine the 100-year evaluation, as well as a floodway area, if possible.

GLARE, DIRECT

Illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining.

GLARE, INDIRECT

Illumination beyond property lines caused by defuse reflection from a surface such as a wall or roof of a structure or a billboard.

GOLF COURSE

A parcel, lot or tract of land designed, intended or used for the purpose of engaging in the sport or activity of golf. The term "golf course" shall include all golf holes, practice tees, ranges and clubhouses when designed, intended or used in connection with an established golf course, but shall not include driving ranges, practice tees, miniature golf or chip-and-putt areas when such establishments are not designed, intended, used or operated in connection with an established golf course.

GRADE

The surface of the ground, lawns, walks or streets adjoining the exterior walls of any building or structure.

GRADE, FINISHED

The completed surface of the ground, lawns, walks or streets adjoining the exterior walls of any building or structure.

GREENHOUSE (COMMERCIAL)

A building or structure in which trees, shrubs, brambles, woody vines, roots, cuttings, flowers, bulbs, grass, buds, fruit pits, plants and other seeds and parts thereof are situate for propagation or growth for sale.

GREENHOUSE (NONCOMMERCIAL)

A building or structure in which trees, shrubs, brambles, woody vines, roots, cuttings, flowers, bulbs, grass, buds, fruit pits, plants and other seeds and parts thereof are situate for propagation or growth for use of the owner or lessee of the lot upon which the greenhouse is situate, and not for sale.

GROCERY STORE

A building, structure or part thereof primarily used for the retail sale of food stuffs.

GUEST

Any person hiring or occupying a room for living or sleeping purposes.

[Added 1-10-2005 by Ord. No. 2530]

HABITABLE FLOOR AREA

The floor area within a building which is maintained for year-round human occupancy. The term "habitable floor area" shall not include basements, garages or accessory building space.

HAZARD TO AIR NAVIGATION

A building, structure, part thereof or obstruction determined to have a substantial adverse effect on the safe and efficient use of the navigable airspace.

HAZARDOUS WASTE

(1) Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial industrial, institutional, mining or agricultural operations, and from community activities, or any combination of the above (but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under the Federal Water Pollution Control Act, or source, special nuclear, or by-product material as defined by the U.S. Atomic Energy Act of 1954, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

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

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

(2) The term "hazardous waste" shall not include coal refuse as defined in the "Coal Refuse Disposal Control Act" and shall not include treatment sludges from coal mine drainage treatment plants, the disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the "Clean Streams Law."

HEIGHT OF STRUCTURE

The vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure.

HELIPORT

A lot, parcel or tract of land, water or a structural surface which is designed, intended or used primarily for the landing and taking off of helicopters and any appurtenant areas which are designed, intended or used for helicopter support facilities, including but not limited to maintenance, fueling and parking.

HISTORIC STRUCTURE

Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

Any use conducted entirely within a dwelling unit by members of the family residing therein, which is clearly incidental and secondary to the residential use of the dwelling, does not change the residential character thereof, does not emit any sound or noise discernible outside of the dwelling unit and does not occupy more than 250 square feet of the total aboveground floor area of the building or structure in which the home occupation is situated. The term "home occupation" shall include, but shall not be limited to, hand crafts, cooking, individual music instruction, tutoring, dressmaking, laundering, millinery, photography studio and office or studio in the residence of an artist, lawyer, architect, engineer, teacher, accountant, musician or other similar professional. The term "home occupation" shall specifically not include a photography processing laboratory, music school, dance school, business school or school of any kind with organized classes, or the office of a physician, surgeon, dentist or veterinarian.

HORIZONTAL SURFACE

A horizontal plane 150 feet above the established airport elevation, the perimeter of which coincides with the perimeter of the conical zone.

HORIZONTAL SURFACE ZONE

That area 150 feet above the airport elevation established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet radii for all other runways from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. This zone specifically does not include the approach and transitional zones.

HOSPITAL

An institution licensed or regulated as a hospital by the Department of Health or the Department of Public Welfare or a facility owned or operated by the Federal government and accredited by the Joint Commission on Accreditation of Hospitals as a hospital and has an organized medical staff which is primarily engaged in providing to in-patients, by or under the supervision of physicians, diagnostic or therapeutic services for the care of injured, disabled, pregnant, diseased or sick or mentally ill persons, or rehabilitation services for the rehabilitation of injured, disabled, pregnant, diseased or sick or mentally ill persons. The term "hospital" includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties but does not include facilities caring exclusively for the mentally ill. The term "hospital" shall not include any facility in which is conducted the housing of the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.

HOTEL

An establishment in which lodging is provided and offered to the public where transient guests may, for consideration, obtain sleeping accommodations and meals. Such establishments shall have at least 10 permanent bedrooms for the use of guests, a public dining room or rooms operated by the same management, and a kitchen, apart from the dining room or rooms in which food is regularly prepared. A hotel is not a boarding, rooming or lodging house as defined herein.

[Amended 1-10-2005 by Ord. No. 2530]

HOUSEHOLD PETS

Domestic animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasure of the resident family and shall include animals such as dogs, cats, gerbils and other similar pets normally sold by retail pet stores. The term "household pets" shall not include any dangerous or endangered species or any farm animals, such as horses, pigs, goats, sheep, chickens or ducks.

HUB HEIGHT

The distance measured from the surface of the tower foundation to the height of the wind turbine hub to which the blade is attached.

[Added 9-14-2009 by Ord. No. 2791]

HUNTING AND FISHING CLUBS

A parcel of land used for the propagation of fish, wildlife and game animals, together with such organizational buildings, for the purpose of meetings and social functions, but not including animal husbandry and not including rifle, shooting or target ranges.

IMPERVIOUS SURFACE

A surface which does not absorb moisture, water or rain and includes, but is not limited to, roofs, buildings, parking areas, driveways, streets, roads and any areas covered by concrete or asphalt and stormwater detention and retention basins.

INCINERATION

The process of burning combustible solid waste.

INCINERATOR

Any device which can be used for the burning of combustible solid waste.

INDOOR RECREATION FACILITY

A commercial activity conducted completely within a building or structure which is designed to amuse, entertain or otherwise provide for the recreation of persons, other than the conductors of the activity, and which requires a fee, charge, admission or recommendation in order for a person to partake in the activity, and includes, but is not limited to, health clubs, gyms, swimming pools, indoor running tracks, bowling alleys, ice skating rinks, swimming pools, batting cages, etc. The phrase "indoor recreation facility" shall specifically not be construed to include amusement parks, off-track betting parlors, adult bookstores, adult entertainment facilities or theaters.

INDOOR THEATERS

An establishment in which feature motion pictures are exhibited regularly and completely within the building in which the establishment is situate to the public for a charge. The term "theaters" shall not include adult entertainment facilities.

INFANT

Any child less than 18 months of age.

INN

See "hotel."

JUICE BAR

Any structure, whether residential or commercial, where patrons are invited to bring intoxicating beverages or consume same on the premises; where a cover charge may be imposed which includes "free" alcoholic beverages. This term shall also include "speakeasies" and any other similarly used establishments.

JUNKED VEHICLE

Any vehicle, including a trailer, which does not bear current license and inspection stickers or is incapable of being moved under its own power, and presents a hazard or danger to the public by virtue of its state or condition of disrepair. The following conditions, which are not exclusive, are examples of what may constitute a state or condition of disrepair:

(1) Rusted and/or jagged metal on or protruding from the body of the vehicle.

(2) Broken glass or windows on or in the vehicle.

(3) Leaking of any fluids from the vehicle.

(4) Unsecured and/or unlocked doors, hood or trunk.

(5) Storage or placement of the vehicle in an unbalanced condition, such as on concrete blocks.

(6) Harboring of rodents, insects or other pests.

JUNKYARD

A lot, parcel, tract, building, structure or part thereof, which is used to collect or store wastepaper, rags, scrap material or discarded material, or which is used to collect, dismantle, store or salvage machinery or vehicles not in operating condition, and shall also include the sale, resale, salvage or conversion to some other use, of the parts of machinery or vehicles. Any lot, parcel, tract, building, structure or part thereof, which is used to collect, store or transfer any garbage, solid waste, refuse, toxic or hazardous substances shall not be considered a junkyard.

KENNEL

A lot, parcel, tract, building, structure or part thereof designed, maintained and used for boarding, breeding, training or raising animals for compensation.

LAND DEVELOPMENT

Any of the following activities:

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

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

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

(2) A subdivision of land.

(3) Development, except that in accordance with § 503.1.1 of the Municipalities Planning Code, found at 53 P.S. § 10503.1.1.

LARGER THAN UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds gross weight and by jet-powered aircraft.

LEWD MATERIAL OR ENTERTAINMENT

Material or entertainment that features topless or bottomless dancers, entertainers, employees or strippers; that shows simulated sex acts or live or actual sex acts; that shows or suggests human genitals in a state of sexual stimulation or arousal; that shows or suggests the act of masturbation, sexual intercourse or sodomy; that shows or suggests the fondling or erotic touching of human genitals, pubic region, buttock or female breast; that shows human genitals, pubic region, buttock or female breast below the top of the areola; or that shows human male genitals in a discernibly turgid state, even if completely and opaquely covered.

LOADING SPACE

An off-street area used for loading and unloading of goods and having a direct access to a public street or alley.

LODGE

See "private club."

LOT

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

(1) CORNER LOT A lot fronting on two or more streets at their intersection.

(2) INTERIOR LOT A lot fronting on a street but having all side lot lines in common with adjacent lots.

LOT AREA

An area of land which is determined by the limits of the property lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in determining lot area.

LOT COVERAGE

The percentage of a lot covered by impervious surfaces.

LOT DEPTH

The level distance between the mid point of the front lot line to the mid point of the rear lot line.

LOT LINE

A line forming the front, rear or sides of lots, commonly referred to as front, rear or side property lines.

(1) LOT LINE, FRONT The lot line along a public or private street. In the event that a lot has more than one such lot line, all shall be deemed front lot lines.

(2) LOT LINE, REAR Any lot line which is parallel to or within 45° of being parallel to the front lot line. In the event that a lot has no street frontage or is a corner lot or a lot of an odd shape, the lot line farthest from any street shall be considered the rear lot line.

(3) LOT LINE, SIDE Any lot line which is not a front or rear lot line.

LOT WIDTH

The width of a lot measured at the front building line.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking of vehicles, building access and incidental storage, in an area other than a basement area is not considered the lowest floor of a building; provided, that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of this chapter.

MAIN BUILDING

See "principal building."

MANUFACTURED HOUSE

A dwelling unit fabricated at an offsite manufacturing facility for installation or assembly at the building site bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards and which has been attached to a permanent foundation.

MEDIATION

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

MEDICAL CENTER

A building or part thereof used for medical, psychiatric, obstetrical or surgical care. The term "medical center" shall include facilities similar to general hospitals, mental hospitals, tuberculosis hospitals, children's hospitals and any other such facility which provides care, whether or not on a 24-hour basis, but does not provide services or care for overnight stays.

MEDICAL OFFICE

A building or portion thereof used exclusively by physicians, psychologists, chiropractors, dentists and other similar professionals for treatment and examination of patients. Any facility which provides overnight care or treatment for patients shall not be considered a medical office.

MINI MART

A retail store which sells both convenience food items and gasoline, and may provide certain services as an accessory use, which may include drive-through service. A mini mart is not a convenience store.

MOBILE HOME

A transportable single unit usable as a permanent dwelling, office or place of assembly, or multiple units designed to be joined into one integral unit capable of 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 with or without a permanent foundation or attachment to essential utilities. The term does not include recreational vehicles or travel trailers or modular structures which are removed from a permanent foundation which otherwise complies with all building codes in effect which apply to residential dwellings. However, for floodplain management purposes, the terms shall include recreational vehicles which are placed on a site for more than 180 consecutive days.

MOBILE HOME LOT

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

MOBILE HOME PARK

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

MOTEL

An establishment where the public may, for consideration, obtain sleeping accommodations, having at least 10 permanent bedrooms for the use of guests.

MUNICIPAL USE

Local governmental uses including, but not limited to, recreation, government, stormwater management, provision of utilities and other governmental related services.

NAME PLATE

A sign displaying only the name and occupation of the occupant of a building, which shall not exceed two square feet in size.

NATURE PRESERVE

A lot, parcel or tract of land used to conserve natural or scenic resources, including but not limited to soils, beaches, streams, wetlands, or marshes, to conserve or protect forests, wildlife, historic, geologic, botanic or other similar interests.

NEW CONSTRUCTION

For floodplain management purposes, structures for which the start of construction commenced on or after February 13, 1978, and includes any subsequent improvements thereto.

NIGHTCLUB

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 and which has a capacity or more than 100 persons for such entertainment or dancing.

NO-IMPACT HOME-BASED BUSINESS

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 requirements as set forth in § 27-102C of this chapter.

[Amended 7-11-2005 by Ord. No. 2571; 8-8-2005 by Ord. No. 2578]

NONCONFORMING BUILDING OR STRUCTURES

A building, structure or portion thereof which, in its design or location upon a lot, parcel or tract, does not conform to the zoning regulations for the district in which it is situate. To be considered nonconforming, the building, structure or part thereof shall also have predated the implementation of zoning the Township of Whitehall or was lawfully conforming prior to the enactment of this chapter.

NONCONFORMING LOT

A lot, parcel, or tract of land legally existing at the date of the passage of this chapter which does not conform to the minimum lot area and dimension requirements of the zoning district in which it is situate. To be considered nonconforming, the lot, parcel or tract of land shall also have predated the implementation of zoning in the Township of Whitehall or was lawfully conforming prior to the enactment of this chapter.

NONCONFORMING SIGN

A sign or sign display area that does not conform to the sign or sign display area requirements as established by this chapter. To be considered nonconforming, the sign or sign display area shall also have predated the implementation of zoning in the Township of Whitehall or was lawfully conforming prior to the enactment of this chapter.

NONCONFORMING USE

Any use of a lot, parcel, tract, building, structure or part thereof which does not conform to the use or extent of use requirements of the zoning district in which said lot, parcel, tract, building, structure or part thereof is situate. To be considered nonconforming, the use shall also have predated the implementation of zoning in the Township of Whitehall or was lawfully conforming prior to the enactment of this chapter.

NONPRECISION INSTRUMENT APPROACH

An approach and landing of an aircraft using air navigation facilities with only horizontal guidance or area type navigation equipment.

NONPRECISION INSTRUMENT RUNWAY

A runway used by aircraft utilizing a nonprecision instrument approach.

NURSERY SCHOOL

See "day-care center."

NURSING HOME

A building or part thereof used for the lodging, boarding and nursing care, on a 24-hour basis, of four or more persons. The term "nursing home" shall only include those nursing and convalescent homes, skilled nursing facilities, intermediate care facilities, and infirmaries contained within homes for the aged which are licensed by the Commonwealth.

OBSTRUCTION

Any structure, growth or object, whether or not fixed to the ground, which exceeds the maximum height prescribed by the regulations of a particular zoning district. For the purposes of the floodplain regulations, the term "obstruction" shall mean any wall, dam, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fenced stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or floodprone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life or property.

OCCUPANCY

Use of a building or lot for a specific purpose.

OFFICE

A commercial establishment or use involving clerical, professional or administrative work, which may include the provision of customer services but not on-premise sales of a product or merchandise. The term "office" shall not include retail or industrial uses.

OFFICE PARK

A lot, parcel or tract of land used for the construction, operation and maintenance of office buildings.

OFFICIAL STREET CLASSIFICATION MAP

A map adopted by the Township showing the location of the lines of existing and proposed public streets, watercourses and public grounds, including widenings, narrowings, extensions, diminutions, openings, closings or vacations of the same for the whole of the Township.

OFFICIAL ZONING MAP

The Zoning Map as adopted by the Board of Commissioners which designates the location and boundaries of all zoning districts situate within the Township of Whitehall.

OFF-STREET PARKING AREA, PRIVATE

An area on private property designed and used for the parking or storage of one or more passenger vehicles as an accessory use. Private off-street parking areas shall include private garages, carports and improved accessory parking spaces.

OFF-STREET PARKING AREA, PUBLIC

An open space, other than a street or other public right-of-way, designed, maintained and used by the general public for the parking of vehicles.

OFF-TRACK BETTING PARLOR

A building, structure or part thereof used by a licensed corporation to conduct the parimutual system of wagering by its patrons on the results of horse races held at horse race tracks televised to the building by simulcasting. The licensed corporation shall comply and conform to all requirements as set forth in the Race Horse Industry Reform Act found at 4 P.S. § 325.101 et seq.

OPEN SPACE

That part of a lot, parcel or tract which is unoccupied and unobstructed by any structure, growth or object. The term "open space" shall not include any area designed, maintained or used for streets, roads, highways, driveways or parking areas.

OUTDOOR COMMERCIAL COOKING OPERATION

The outdoor cooking or smoking of food for commercial purposes.

[Added 10-11-2021 by Ord. No. 3247]

(1) This use is only permitted in connection with and accessory to a restaurant or retail store in full compliance with all other provisions of this Code.

(2) This use shall not be designed to increase production capability of a restaurant by circumventing codes applicable to indoor cooking facilities as defined in this Code.

(3) This use shall comply with all other applicable, federal, state and local laws, codes, regulations and ordinances.

OUTDOOR MOVIE THEATER

A theater which shows movies, motion pictures, videos or other similar reproduced entertainment on a screen located out of doors.

OUTDOOR RECREATION FACILITY

A commercial activity conducted entirely outside which is designed to amuse, entertain or otherwise provide for the recreation of persons, other than the conductors of the activity, and which requires a fee, charge, admission or recommendation in order for a person to partake in the activity and includes, but is not limited to, hiking, jogging, tennis, swimming, baseball, basketball, etc. The phrase "outdoor recreation facility" shall specifically be construed to indicate that all activity (recreation) shall occur out of doors. The term "recreation facility" shall not be construed to include amusement parks or off-track betting parlors, adult bookstores, adult entertainment facilities or theaters.

PARKING SPACE

An area designed and used for the parking of a motor vehicle, exclusive of passageways, driveways and accessways appurtenant thereto.

PATIO

An area or courtyard which is not covered by a roof or permanent awning and is designated for outdoor living purposes as an accessory use to a structure.

PERMIT, BUILDING

A certificate issued by the Zoning Officer for the construction, reconstruction, remodeling, alteration or repair of a building, structure or part thereof.

PERMIT, OCCUPANCY

A permit issued upon completion of the construction of a building, or change in use of a building or a lot, indicating that the building complies with all applicable ordinances and that the building or lot may be used as set forth on the permit application.

PERMIT, TEMPORARY OCCUPANCY

A permit issued upon substantial completion of the construction of a building, or change in use of a building or a lot, indicating that the building substantially complies with all applicable ordinances and that the building or lot may be used as set forth on the permit application.

PERMIT, TEMPORARY USE

A certificate issued by the Zoning Officer, after approval by the Zoning Hearing Board, for the conduct of a use for a limited time period indicating the duration of the permit and indicating that all special requirements governing such use and all other applicable zoning requirements have been met.

PERMIT, USE

A certificate issued by the Zoning Officer stating that the purpose for which a building or land is to be used is in conformity with all requirements of the zoning ordinance for the zoning district in which the use is situate.

PERMITTED USE

A use of a lot, parcel, tract, building, structure, sign or part thereof which is permitted as of right in a particular zoning district.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

PLACE OF WORSHIP

See "church."

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, developed as a single entity pursuant to the provisions of § 27-1401.

PRECISION INSTRUMENT APPROACH

An approach and landing of an aircraft using an Instrument Landing System (ILS) or Precision Approach Radar (PAR).

PRECISION INSTRUMENT RUNWAY

A runway which requires or will require the use of an Instrument Landing System (ILS) or Precision Approach Radar (PAR).

PRECISION INSTRUMENT RUNWAY APPROACH SURFACE ZONE

That area established immediately beneath the precision instrument runway approach surface with the inner edge coinciding with the width of the primary surface and is 1,000 feet wide expanding outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. The center line of the precision instrument runway approach surface zone is a continuation of the center line of the runway.

PREEXISTING TOWERS AND PREEXISTING ANTENNAE

Any tower or antenna for which a building permit or special exception use permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennae that have not yet been constructed so long as such approval is current and not expired.

PRIMARY SURFACE

A specially prepared hard surface longitudinally centered on a runway extending 200 feet beyond the end of the runway, having a width of _____ and an elevation equal to the elevation of the runway center line.

PRINCIPAL BUILDING

The building in which the principal or main use of a lot is conducted.

PRINCIPAL USE

The single, primary use of a lot, parcel or tract of land or building, structure or part thereof. The phrase "principal use" shall refer to particular types of uses such as gas station, grocery store, tailor shop, rather than general classifications of uses such as retail, service or commercial.

PRIVATE CLUBS

Any building which serves as a meeting place for a selected membership together with any recreation and dining facilities located therein.

PUBLIC BUILDING OR FACILITY

Municipal, County, State or Federal government buildings or facilities designed, maintained or used by the government or designed, maintained or used for public use which is sponsored by such governments, except landfills and waste disposal areas and facilities.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Commissioners or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with the provisions of this chapter and any amendments hereto.

PUBLIC NOTICE

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

QUARRYING AND SURFACE MINING

The activity whereby any coal or metallic or nonmetallic minerals are mined by the surface mining method. This definition shall include the extraction of minerals from the earth or from waste or stockpiles or from pits or banks by removing the strata or material which overlies or is above or between them or otherwise exposing and retrieving them from the surface including, but not limited to, strip, auger mining, dredging, quarrying and leaching and all surface activity connected with surface or underground mining which take place above the surface of the earth. This definition shall not include:

(1) The extraction of minerals (other than anthracite and bituminous coal) by a landowner for his own noncommercial use from land owned or leased by him, but shall include the extraction of sand, gravel, rock, stone, earth, fill or similar material from borrow pits unless such extraction is for highway construction purposes and is performed under a bond, contract and specifications which substantially provide for and require reclamation of the area affected in the manner provided by the Noncoal Surface Mining Conservation and Reclamation Act of 1984, 52 P.S., § 3301 et seq., as subsequently amended from time to time.

RECREATION LAND

Land dedicated to the Township or other entity approved by the Township for the use of the Township's residents which is suitable for active uses such as playing fields. The term "recreation land" shall not include areas within the 500 year floodplain, power line or pipeline rights-of-way, quarries, road rights-of-way, buffer zones, stormwater management facilities areas characterized by wetlands, hydric soils, slopes in excess of 5% or woodlands.

RECREATION, PRIVATE OR COMMERCIAL

Leisure time activities that are only open to members, guests or some specific groups or that are principally operated for commercial purposes.

RECREATIONAL VEHICLE OR UNIT

A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure time or recreational use. Recreational vehicles include travel trailers, truck-mounted campers, motor homes, folding tent campers and automobiles, buses or trucks adapted for vacation use, snowmobiles, mini-bikes, all-terrain vehicles, go-cart, boat trailers, and other vehicles not suitable for daily conventional family transportation on Township roads, streets and highways.

RECYCLING COLLECTION OR TRANSFER CENTER

A lot, parcel, tract, building, structure or part thereof designed, maintained and used for the collection, separation and transfer of recyclable items.

REGULATORY FLOOD ELEVATION

The one-hundred-year flood elevation, plus a freeboard safety factor of 2 1/2 feet.

REPAIR SHOP

A business enterprise which primarily engages in the repair of consumer goods such as televisions, radios, refrigerators, washers, dryers, watches, etc.

REPORT

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

RESEARCH FACILITY

A facility designed, maintained and used for the discovery of new and the refinement of known substances, processes, products, theories and ideas.

RESTAURANT, FAST FOOD

(1) An establishment that sells ready-to-consume food or drink that routinely involves the consumption of at least a portion of such food on the premises and that does not meet the definition of a "standard restaurant." This term shall also include a use that primarily involves off-premises delivery of ready-to-eat food, other than a catering business.

(2) A fast food restaurant may include the accessory sale of alcoholic beverages; however, if such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" must be met.

(3) If a primary or substantial portion of the total trade is in admission charges for entertainment and the use has a capacity of more than 250 persons for such entertainment, the requirements for a "nightclub" shall be met.

RESTAURANT, DRIVE-IN

An establishment where patrons are served food, soft drinks, ice cream and similar confections for consumption off the premises or in automobiles parked upon the premises regardless of whether or not in addition thereto seats or accommodations are provided for the patrons.

RESTAURANT, STANDARD

(1) An establishment that serves ready-to-consume food or drink for compensation in which the clear majority of sales involve the following: the customers order their food while seated inside a building from a server and then the food is delivered to their table for consumption.

(2) A standard restaurant may include the accessory sale of alcoholic beverages; however, is such sale is a primary or substantial portion of the total trade, the requirements of a "tavern" must be met.

(3) If a primary or substantial portion of the total trade is in admission charges for entertainment and the use has a capacity of more than 250 persons for such entertainment, the requirements for a "nightclub" shall be met.

RETAIL STORE

A business enterprise which primarily engages in the retail sale of consumer goods such as wearing apparel, antiques, books, beverages, confections, drugs, dry goods, flowers, food stuffs, gifts, garden supplies, groceries, hardware supplies, household goods, jewelry, paint, periodicals, tobacco, etc.

RIFLE, SHOOTING AND TARGET RANGES

A parcel of land used for the purpose of discharging firearms at fixed targets, moving targets or flying targets (i.e., clay pigeons) which conforms to the construction requirements set forth in Article XI.

RIGHT-OF-WAY

Land condemned or dedicated to and accepted by a municipality for street or roadway purposes and for the installation of public utilities. The term "right-of-way" shall include the ultimate or future right-of-way.

RIGHT-OF-WAY, EXISTING

The line separating a lot from the area designated for a street right-of-way.

RIGHT-OF-WAY, ULTIMATE

The line separating a lot from the area designed for the ultimate proposed or future right-of-way.

RUNWAY

An area designed, maintained and used for the landing and taking off of airplanes, jets and similar aircraft.

RUNWAY LARGER THAN UTILITY VISUAL APPROACH SURFACE ZONE

That area established beneath the visual approach surface with the inner edge thereof coinciding with the width of the primary surface and is 500 feet wide, expanding outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. The center line of the runway larger than utility visual approach surface zone is the continuation of the center line of the runway.

RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM AS LOW AS 3/4 OF A MILE NONPRECISION INSTRUMENT APPROACH SURFACE ZONE

That area established beneath the nonprecision instrument approach surface with the inner edge thereof coinciding with the width of the primary surface and is 1,000 feet wide expanding outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. The center line of the runway larger than utility with a visibility minimum as low as 3/4 of a mile nonprecision instrument approach surface zone is the continuation of the center line of the runway.

RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM GREATER THAN 3/4 OF A MILE NON-PRECISION INSTRUMENT APPROACH SURFACE ZONE

That area established beneath the nonprecision instrument approach surface with the inner edge thereof coinciding with the width of the primary surface and is 500 feet wide, expanding outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. The center line of the runway larger than utility with a visibility greater than 3/4 of a mile nonprecision instrument approach surface zone is the continuation of the center line of the runway.

SALVAGE YARD

See "junkyard."

SANITARY LANDFILL

A tract, parcel or lot used for the disposal of garbage, refuse or ashes by depositing them in layers of controlled depth and width in trenches or depressions and covering each layer promptly on all sides with a compact layer of clear earth and other inorganic material of sufficient thickness to exclude rodents and to prevent the escape of odors or outbreak of fires.

SATELLITE EARTH STATION DISH

A device incorporating a reflective surface that is solid, open mesh or bar configured, as in the shape of a shallow dish cone, horn or cornucopia and is used to transmit or receive radio or other electro-magnetic waves between terrestrially and orbitally based systems. The definition "satellite dish antenna" shall include, but shall not be limited to, satellite earth stations, television receives only (TVROS) and satellite microwave antennas.

SCHOOL

A building or part thereof maintained for the purpose of offering instruction, or in which classes are conducted, whether or not for a consideration or tuition, to five or more pupils at one and the same time, or to 25 or more pupils during any school year, the purpose of which is to educate an individual generally or specially or to prepare an individual for more advanced study, and shall include all schools engaged in such education, whether private, public or parochial. The term "school" shall not include any private trade schools, private business schools, private correspondence schools, private music schools, private dance schools, private art schools, private dramatic art schools, private schools of charm or poise, private driver training schools or any type of private school which is nonacademic in character.

SCREENING

The formation of a visual or acoustical barrier using such materials as dense evergreen shrubbery or solid fencing of durable wood or masonry construction.

SELF-STORAGE FACILITY

A building or group of buildings or structures containing separate, individual, and private storage spaces of varying sizes available for lease.

[Added 10-11-2021 by Ord. No. 3249]

SERVICE STORE

A business enterprise which primarily engages in the provision of services such as sewing, tailoring, dry cleaning, etc.

SETBACK

The distance between a use, building or structure and a lot boundary or right-of-way line, whichever is less.

SETBACK LINE

A line designating the minimum setback from a particular lot line.

SEWER

A public or private utility system designed to collect, centrally treat and dispose of sewage from customers in compliance with Pennsylvania Department of Environmental Protection Regulations or regulations of the Township, whichever is more stringent.

[Amended 8-8-2005 by Ord. No. 2578]

(1) CENTRALIZED SEWAGE DISPOSAL SYSTEM A public or private utility system designed to collect, centrally treat and dispose of sewage from more than one customer in compliance with Pennsylvania Department of Environmental Protection Regulations or regulations of the Township, whichever is more stringent.

(2) PRIVATE SEWAGE DISPOSAL SYSTEM An onlot septic tank disposal system generally providing for the disposal of effluent for only one building or a group of buildings on a single lot and provided in compliance with the Pennsylvania Department of Environmental Protection Regulations or regulations of the Township, whichever is more stringent.

SHARED USE MICRO-MOBILITY PERSONAL TRANSPORTATION

Small, low-speed vehicles which can either be human powered or electric which do not require a license to operate. Includes but may not be limited to bike sharing, scooter sharing, etc. and may be docked or dockless.

[Added 10-11-2021 by Ord. No. 3249]

SHOPPING CENTER

A land development situate on a parcel or parcels which contain retail stores and associated uses.

SHOPPING MALL

See "shopping center."

SIGHT TRIANGLE

See "clear sight triangle."

SIGN

Any permanent or temporary structure or part thereof, or any device attached, painted or represented directly or indirectly on or in a structure or other outdoor surface that shall display or include any letter, word, insignia or representation used as, or which is in the nature of, an advertisement, announcement, visual communication, direction, or is designed to bring the subject to the attention of the public. The term "sign" shall not include the flag of any public, quasi-public, civic, charitable or religious group, and shall not include cornerstones which contain historical data, such as year of construction.

SIGN DISPLAY AREA

The two-dimensional area included on one side of a sign, which includes the frame or edge of the sign, if any. For measurement purposes, the sign display area shall be deemed the smallest two-dimensional square, rectangle, triangle, circle or combination thereof which will encompass the entire side of the sign.

SINGLE-FAMILY ATTACHED DWELLING

A building or structure having only one dwelling unit from ground to roof, two points of independent outside access, at least two other dwelling units built in conjunction therewith and any portion of one or two unpierced party walls adjoining an adjacent dwelling. The term "single-family attached dwelling" shall include row homes and townhouses.

SINGLE-FAMILY DETACHED DWELLING

A dwelling unit on a permanent foundation occupied as a residence for one family, which does not have a vertical wall in common with another building.

SINGLE-FAMILY SEMI-DETACHED DWELLING

A building or structure having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.

SOLID WASTE

Any waste including, but not limited to, municipal, residual or hazardous waste, including solid liquid, semisolid or contained gaseous materials. The term "solid waste" does not include coal ash or drill cuttings.

SOLID WASTE DISPOSAL

The incineration, deposition, injection, dumping, spilling, leaking or placing of solid wastes into or on the land or water in a manner that the solid waste or constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the municipality.

SOLID WASTE DISPOSAL AREA OR FACILITY

A lot, parcel or tract of land including but not limited to a sanitary landfill where garbage, trash or junk is disposed of or is processed or recycled for disposal or reuse. Such use shall not include the disposal or processing of hazardous or radioactive materials.

SOLID WASTE STORAGE

The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. The containment of any waste in excess of one year constitutes disposal.

SOLID WASTE TRANSFER AREA

A place where solid waste is transferred from one vehicle to another vehicle or to a rail car for the purpose of transport to a solid waste disposal area or facility.

SOLID WASTE TREATMENT

Any method, technique or process, including neutralization, designed to change the physical, chemical, biological, character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, suitable for recovery, suitable for storage, or reduced in volume. The term "solid waste treatment" includes any activity or processing designed to change the physical form or chemical composition of waste so as to render it neutral or nonhazardous.

SPECIAL CARE RESIDENTIAL COMMUNITY

A residential facility designed, maintained and used for congregate housing, independent dwelling units, skilled care facilities, or personal care facilities which serves qualified persons. These facilities may be designed to be maintained and used for the twenty-four-hour provision of care and treatment by a supervisory staff to residents who are physically or mentally disabled, infirm or of old age, or who are experiencing family problems, provided that said facility is affiliated with a health care provider or a nonprofit entity licensed or certified by the Commonwealth of Pennsylvania and the faculty serves six or more residents at any one time.

[Amended 7-12-2004 by Ord. No. 2494; 1-11-2016 by Ord. No. 3039]

(1) CONGREGATE HOUSING Detached, semi detached, attached and multifamily dwellings in which each group of personal living units is associated with one or more common units designed for the exclusive benefit of the group.

(2) INDEPENDENT DWELLING UNITS Single-family detached dwellings, single-family semidetached dwellings, single-family attached dwellings, and single-family units in multifamily dwellings. Each individual dwelling unit shall contain complete kitchen, toilet, and bathing facilities, and shall have at least one outside window.

(3) PERSONAL CARE FACILITIES Premises, or a portion thereof, in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours, for residents requiring supervision and assistance in such manners as dressing, bathing, diet or medication prescribed for self-administration, but not requiring hospitalization or skilled nursing care.

(4) QUALIFIED PERSON

(a) A person 55 years of age or older.

(b) A mentally or physically disabled or handicapped person.

(c) A member of the administrative staff of the elderly or handicapped community.

(d) The spouse of any one of the above persons if living with such person.

(e) The adult sibling of any person defined in sections above.

(f) The spouse widow(er) or adult-sibling of a person who formerly resided in the community as a qualified person under definitions for "congregate housing" or "independent dwelling units" of this subsection, provided that such spouse, widow(er) or sibling resided with the former elderly or handicapped resident of the community immediately before the time they ceased to reside in the community.

(5) SKILLED CARE FACILITIES Premises, or a portion thereof, used to house and care for residents or former residents requiring hospitalization, skilled or continuous nursing care, or any combination thereof, for periods exceeding seven consecutive days.

SPECIAL EXCEPTION

A use permitted in a particular zoning district requiring prior approval and determination by the Zoning Hearing Board that the use complies with the standards as set forth in the zoning ordinance.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below the top of the areola.

(2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal.

(2) Acts of human masturbation, sexual intercourse or sodomy.

(3) Fondling or other erotic touching of human genitalia, pubic region, buttock or female breast(s).

STADIUM

A building, structure or part thereof, whether or not completely enclosed, primarily used for the viewing and playing of sporting events or public assemblies.

STORAGE YARDS AND BUILDINGS

A building or yard used for the storing of goods or materials.

STORMWATER RUNOFF

Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.

STORY

The part of a structure included between any floor and the floor or roof immediately above it.

STREET

A public thoroughfare which, throughout its entire length, has been or will be dedicated or added to the public for public uses and includes but is not limited to roads, alleys, avenues, boulevards, lanes, courts and highways and all ultimate rights-of-way having a width greater than 24 feet.

(1) ARTERIAL STREET Pennsylvania Department of Transportation definition and methods of determination shall be used when defining or identifying an arterial street.

(2) COLLECTOR STREET Pennsylvania Department of Transportation definition and methods of determination shall be used when defining or identifying a collector street.

STREET RIGHT-OF-WAY LINE

A line which marks the existing or ultimate street right-of-way.

STRUCTURE

Any man-made object, including a building, constructed or erected on or in the ground or water or upon another structure or building and having an ascertainable stationary location. The term "structure" shall not include walks, sidewalks or driveways, but shall include signs.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of any land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceed 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a "historic structure."

SUPPORT INFRASTRUCTURE

A building, structure or part thereof, or a lot, parcel or tract of land used for local government services and services provided by PUC (Public Utility Commission) regulated entities. The phrase "support infrastructure" includes, but is not limited to sewers, water lines, bus stops, bus shelters with or without advertising signs as approved individually by the Board of Commissioners, train stops, stormwater sewer facilities, etc.

SWIMMING POOL, PRIVATE

Any artificially constructed body of water and any lake or pond maintained by an individual for bathing by the members of the household and guests, located on a lot as an accessory use to the residence. A wading pool, with a depth of less than 18 inches shall not be deemed as a swimming pool. A portable pool, located above ground level, with an area of less than 125 square feet and a water depth of less than three feet, temporary in character and constructed of a material other than concrete or masonry, capable of being moved from one place to another, shall not be deemed a swimming pool.

SWIMMING POOL, PUBLIC OR COMMERCIAL

Any artificially constructed pool or any lake or pond maintained by an association or public agency for the use of association members and guests or the general public either for a fee or for free. A wading pool owned by the association or public agency, with a depth of less than 18 inches shall not be deemed as a swimming pool. A portable pool owned by the association or public agency, located above ground level, with an area of less than 125 square feet and a water depth of less than three feet, temporary in character and constructed of a material other than concrete or masonry, capable of being moved from one place to another, shall not be deemed a swimming pool.

TAVERN

A commercial establishment or premises, whether or not licensed by the Commonwealth of Pennsylvania, which regularly serves alcohol, potable distilled spirits, liquor, denatured alcohol, wine, malt or brewed beverages or whiskey, and where the sale of such alcoholic beverages is a primary or substantial portion of the total trade. The sale of food may also occur.

TEMPORARY JOB SITE OFFICE/SALES TRAILER

Any portable structure, whether built on a chassis used or suitable for temporary construction storage and/or sales office or not, remaining in the same location for a period of more than 21 calendar days.

TEMPORARY/SEASONAL/STORABLE ABOVEGROUND POOLS

Those pools regulated under the Pennsylvania Uniform Construction Code, as amended, which are aboveground, nonpermanent pools, inflatable or otherwise, that are constructed to be disassembled and reassembled to their original integrity on a seasonal (five months or less) basis.

[Added 4-11-2011 by Ord. No. 2857]

TEMPORARY UTILITY TRAILER/STORAGE CONTAINER

Any portable structure whether built on a chassis used or suitable for storage purposes or not, which remains in the same location for a period of more than 21 calendar days.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or ore antennae for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

[Amended 8-8-2005 by Ord. No. 2578]

TOWNHOUSES

See "single-family attached dwelling."

TRADE SHOP

A building, structure or part thereof used for the exchange of chattels for specified consideration or other chattels of equal value.

TRANSIENT

Any visitor or person who owns, rents, or uses a lodging or dwelling unit, or portion thereof, for less than 30 days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by the visitor. This definition shall not apply to nonpaying guests of the family occupying the unit.

[Added 1-10-2005 by Ord. No. 2530]

TRANSITIONAL SURFACE

A surface extending outward at a 90° angle to the runway center line with the runway center line extended at a slope of seven feet horizontal for each foot vertical from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. With respect to precision approach surfaces, transition surfaces project through (and beyond) the limits of the conical surface, extending a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° angles to the extended runway center line.

TRANSITIONAL SURFACE ZONE

A zone consisting of the areas beneath the transitional surfaces. This zone beings at the sides of and at the same elevation as the primary surface and approach surface extending seven feet horizontal for each foot vertical and extending to a height of 100 feet above the airport elevation and extending to the intersection with the conical surface.

TURBINE HEIGHT

The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.

[Added 9-14-2009 by Ord. No. 2791]

USE

Includes the phrases "arranged", "designed" and "intended to be used" and shall mean a specific purpose for which land, buildings or structures are designed, arranged, intended, occupied or maintained or any activity, occupation, business or operation which may be conducted at a given location.

UTILITY

Equipment or facilities for producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity or steam for the production of light, heat or power to or for the public for compensation; diverting, developing, pumping, pounding and distributing or furnishing water to or for the public for compensation; transporting passengers or property as a common carrier; equipment or facilities for use as a canal, turnpike, tunnel, bridge, wharf and the like for the public for compensation; transporting or conveying natural of artificial gas, crude oil, gasoline or petroleum products, materials for refrigeration or oxygen or nitrogen or other fluid substance by pipeline or conduit for the public for compensation; conveying or transmitting messages or communications by telephone or telegraph or domestic public land mobile radio service including, but not limited to, point-to-point microwave radio service for the public for compensation; and sewage collection treatment or disposal for the public for compensation.

UTILITY RUNWAY

A runway designed and used by propeller-driven aircraft of 12,500 pounds gross weight or less.

UTILITY RUNWAY NON-PRECISION INSTRUMENT APPROACH SURFACE ZONE

That area established beneath the nonprecision instrument approach surface with the inner edge thereof coinciding with the width of the primary surface and is 500 feet wide, expanding outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. The center line of the utility runway nonprecision instrument approach surface zone is the continuation of the center line of the runway.

UTILITY RUNWAY VISUAL APPROACH SURFACE ZONE

That area established beneath visual approach surface with the inner edge thereof coinciding with the width of the primary surface and is 2,500 feet wide, expanding outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. The center line of the utility runway visual approach surface zone is the continuation of the center line of the runway.

VARIANCE

An authorization, from the Zoning Hearing Board to a legal or equitable property owner, to depart from the literal requirements of applicable zoning regulations.

VETERINARY OFFICE

Any building or structure or part thereof used for the medical treatment of animals such as dogs, cat, goats, rabbits and birds or fowl by a licensed veterinarian, provided that such building, structure or part thereof does not include outside kennels or provide accommodations for overnight housing of the animals.

VISUAL RUNWAY

A runway designed, maintained and used for the operation of airplanes, jets and similar aircraft using visual approach procedures.

WALL

A man-made structure, usually of masonry construction, which permanently or temporarily prohibits or inhibits travel between properties or portions of properties or between the street or public right-of-way and a property.

WALL SIGN

A sign painted upon or attached to a wall. If the sign is attached to the wall, the sign display area of such sign shall be parallel to and shall not project more than 15 inches from the wall. A sign on a window or awning shall also be considered a wall sign.

WAREHOUSE

A building, or any part thereof, used for the storage of products, merchandise, goods, materials, food stuffs, manufactured parts or documents for a charge.

WATER

[Amended 8-8-2005 by Ord. No. 2578]

(1) CENTRAL WATER SUPPLY SYSTEM A public or private utility system designed to transmit potable water from a common source to customers in compliance with Pennsylvania Department of Environmental Protection Regulations or the Township regulations, whichever is more stringent.

(2) PRIVATE WATER SUPPLY An onlot water supply system generally providing for an adequate supply of potable water from one building or a group of buildings on a single lot and in compliance with the Pennsylvania Department of Environmental Protection Regulations or the Township regulations, whichever is more stringent.

WATER SURVEY

An inventory of the source, quantity, yield and use of groundwater and surface water resources within the Township.

WETLANDS

Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.[2]

WIND ROTOR

The blades, plus the hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is mounted on a pole or tower or other suitable structure along with other electrical equipment to form a wind turbine.

[Added 9-14-2009 by Ord. No. 2791]

WIND TURBINE/WINDMILL

A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, wind rotor, tower, and pad transformer, if any.

[Added 9-14-2009 by Ord. No. 2791]

YARD

A required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the average elevation of the final grade upward, provided, however, that fences and walls may be permitted in any yard subject to height limitations as hereinafter specified in this chapter.

YARD, FRONT

A space between the building line or front main wall of a building and the front street right-of-way.

YARD, REAR

The space between the rear building restriction line and the closer of any street, alley, right-of-way or property line.

YARD, SIDE

The space between the side lot line and the nearest side of a building or nearest side building restriction line of the lot.

ZONING MAP

The official zoning map of Whitehall Township, as amended.

ZONING OFFICER

The administrative officer charged with the duty of enforcing the provision of the zoning ordinance.

ZONING ORDINANCE

Whitehall Township Zoning Ordinance of 1989, as amended [this chapter].

[1] Editor's Note: The former definition of "active adult residential community," added 12-11-2006 by Ord. No. 2656, which immediately followed, was repealed 12-10-2007 by Ord. No. 2701.

[2] Editor's Note: The definition of "windmill," which immediately followed this definition, was repealed 9-14-2009 by Ord. No. 2791.

B. Words in the present tense shall include the future tense.

C. Words used in the singular shall include the plural and those in the plural shall include the singular.

D. Any word, term or phrase used in this chapter, 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.