Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the following meanings,
and the present tense includes the future; the singular includes the
plural and the plural the singular; the masculine gender includes
the feminine and neuter; and, the word "shall" is always mandatory,
and the word "may" is discretionary.
A dwelling unit on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
[Added 10-2-2019 by Ord.
No. 2019-05]
A structure that is subordinate to the principal structure
on the lot and used for purposes customarily incidental to those of
the principal structure, and which has the following characteristics:
A use customarily incidental and subordinate to the principal
use of a structure or of a lot.
A unit of area equal to 43,560 square feet.
The raising, breeding, and keeping of domestic animals and
the cultivating of the soil and the raising and harvesting of the
products of the soil, including, but not by way of limitation, nurserying,
horticulture and forestry.
A strip of land over which there is a right-of-way, municipally
or privately owned, on which no dwellings or stores front, serving
as the secondary means of access to two or more properties and not
intended for general traffic circulation.
A modification to the exterior of a building or structure,
including reconstruction, removal of sections or architectural features,
rearrangement, renovation, or enlargement, but excluding customary
and incidental repairs or replacement of materials in kind, that results
in changes to the facade and/or to structural or supporting parts.
[Amended 12-7-2011 by Ord. No. 2011-11]
A facility for the medical care of animals by a veterinarian,
which does not include provisions for boarding except as part of a
medical treatment.
A separate and distinct unit within a building which contains
other dwelling units, or other uses; one of the dwelling units within
a multifamily or apartment house, but not the multifamily house or
apartment house itself.
An organization wherein the right to membership is automatic
and obligatory, whose members are charged with the responsibility
for paying an annual assessment levied against their respective lots
for the maintenance of common open space and other common property,
and for other needs within the development under recorded covenants,
and which run with the land to bind each and every owner of it, which
are enforceable as a lien against the land.
An enclosed area partly or completely below grade, to be
considered a building story if more than one-third of the perimeter
walls are five feet or more above grade and if the net area of the
door and window openings in the exterior walls are at least equal
to 10% of the enclosed floor space. For floodplain management purposes,
"basement" means any area of the building having its floor below ground
level on all sides.
A dwelling which, in addition to housing a resident or group
of residents, temporarily houses guests for payment.
A unit of land bounded by streets, or by a combination of
streets and public land, railroad rights-of-way, watercourses, or
any other barrier to the continuity of development.
The governing or legislative body of Schuylkill Township,
Chester County, Pennsylvania.
Any structure having enclosing walls and roof, permanently
located on the ground. A combination of materials to form a permanent
structure having walls and a roof. Included shall be all manufactured
homes and trailers to be used for human habitation.
The relation of the total ground floor area of all buildings
on a lot to the total developable area of the lot on which they are
located; the percentage of the developable area of the lot covered
by buildings.
The lineal footage of a building face which serves as the
principal approach to a store or building and which building face
fronts a public street, shopping center, driveway or pedestrian walkway.
For corner lots, the building frontage may be calculated on the basis
of the principal approach to a public street, shopping center driveway
or pedestrian mall or walkway.
A line, parallel to the lot line, passing through the part
of the building nearest to that particular lot line; may be farther
from the lot line than the building setback line.
An imaginary line that is the required minimum distance from,
and parallel to, the ultimate right-of-way line of the street the
lot abuts or from any other lot line that establishes the area within
which the principal structure shall be erected or placed, as prescribed
by this chapter.
A structure which is primarily a roof, which is an open-sided
shelter for one automobile sometimes formed by extension of a roof
from one side of a building.
[Added 10-2-2019 by Ord.
No. 2019-06]
An area within the Township expressed as T-1 (most rural),
T-2 (more suburban), T-3 (most suburban), and T-4 (most urban), and
as shown in Figure 2, Character Zones, of the Schuylkill Township
Comprehensive Plan Addendum 2005, adopted June 15, 2005, and as described
in said Plan.
[Added 9-7-2005 by Ord. No. 2005-05]
The cutting and clearing of the majority (defined as 75%)
of trees within a woodland on a tract of land.
[Added 12-2-2020 by Ord.
No. 2020-05]
Commercial facilities engaged in the use of solar panels
to convert energy from the sun into electrical energy (including,
without limitation, power inverters and transformers) for use on the
lot on which such commercial facilities are located or on adjacent
lots held in the same ownership as the lot on which commercial solar
power facilities are located.
[Added 6-1-2011 by Ord. No. 2011-05]
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site, logically interrelated
and designed and intended for use or enjoyment of the residents of
the development, not including street parking areas, yards and areas
set aside for public facilities; common open space shall be substantially
free of structures but may contain such improvements as are appropriate
for the recreation of residents served thereby.
A structure erected for the sole purpose of holding antennas
to be used as an accessory use specifically for communications via
radio by an individual or company holding a valid active radio license
issued by the Federal Communications Commission, or to facilitate
communications by microwave, cellular telephone, and the like.
A residential grouping of handicapped people which is designed
to emulate a permanent family-like environment.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A privately owned and maintained lot of 10 or more acres
gross lot area, created under Option 3 of the Conservation Overlay
District, containing an existing dwelling, agricultural structure,
or historic structure, comprising part of the required conservation
land in a conservation subdivision.
[Added 10-2-2019 by Ord.
No. 2019-05]
Lands consisting of the Flood Hazard and Wetlands District
and elevated steep slopes (above 25%). In the Conservation Overlay
District, all primary conservation areas are required to be located
within conservation land.
[Added 10-2-2019 by Ord.
No. 2019-05]
Lands containing natural or cultural features, outside primary conservation areas, that are worthy of conservation by inclusion in conservation land. See a list of such features in § 320-40.1B(1)(b) of the Subdivision and Land Development Ordinance.
[Added 10-2-2019 by Ord.
No. 2019-05]
A parcel or parcels of land and/or water, within a conservation
subdivision, set aside for the protection of natural and cultural
resources. Conservation land consists of primary and secondary conservation
areas and is permanently restricted against further development.
[Added 10-2-2019 by Ord.
No. 2019-05]
A residential development, designed in accordance with the
standards in the Conservation Overlay District in the Schuylkill Township
Zoning Ordinance.
[Added 10-2-2019 by Ord.
No. 2019-05]
Selected areas, constrained by natural and/or man-made resources
listed in the Zoning Ordinance subtracted from the gross lot area
to determine developable area.
[Added 10-2-2019 by Ord.
No. 2019-05]
The construction, reconstruction, renovation, repair extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
A complex of dwellings, exclusively designed for and occupied
by households having at least one person 62 years of age or older,
which provides common facilities, including but not limited to dining,
recreation, and practical nursing care. Dwellings may or may not include
kitchens.
An area of land together with any structures erected thereon, used for the retail sale of food, beverages, personal care items, automotive fuel and lubricants and similar items in one store under one operator as further limited in § 370-169, but not a supermarket.
[Added 10-2-2002 by Ord. No. 02-09]
A building used principally for the performing arts and/or
the display of artistic or educational materials and collections,
including, but not limited to, art gallery, studio, museum, library,
and educational or learning center, but excluding public school.
[Added 12-7-2011 by Ord. No. 2011-11]
A commercial facility for caring for seven or more children,
as regulated by all applicable provisions of the Commonwealth of Pennsylvania.
The razing or destruction, whether entirely or in significant
part, of a building, structure, site, or object. Demolition includes
the removal of any building, structure, or object from its site, or
the removal or destruction of the facade or surface. As applied to
a Class I or Class II historic resource under the terms of this chapter,
"significant part" shall mean 50% or more of the gross area of that
part of the structure's facade, including the area delineated by porches,
that is deemed by the Schuylkill Township Historical Commission to
be historically significant and contributing to the basis upon which
the structure is classified as an historic resource.
[Added 12-7-2011 by Ord. No. 2011-11]
A change to a Class I or Class II historic resource that
results from the absence of routine maintenance and repair leading
to structural weakness, decay and deterioration, resulting or potentially
resulting in the effective demolition of the historic resource.
[Added 12-7-2011 by Ord. No. 2011-11]
The total land ownership divided by the total number of families
housed or to be housed, expressed in families or dwelling units per
acre, such ownership including interior streets having rights-of-way
not over 50 feet in width, common open spaces, permitted commercial
uses, sites for schools and places of worship, and all land devoted
to residential use, but excluding interior streets having rights-of-way
greater than 50 feet in width.
The number of dwelling units per acre, within only that portion
of the development devoted to any one particular housing type, including
the yards, off-street parking and driveway facilities directly serving
those particular dwelling types, but excluding common open spaces,
places of worship, permitted commercial uses, school sites, and other
public grounds.
The Department of Health of the Commonwealth of Pennsylvania
or of Chester County, or their representative having jurisdiction
in the Township.
An historic resource determined by the Pennsylvania Bureau
for Historic Preservation or the U.S. Secretary of the Interior as
meeting the criteria for the National Register, but not listed in
the National Register.
[Added 12-7-2011 by Ord. No. 2011-11]
The total area suitable for land development within the titled
lines of a lot, after the following areas are excluded:
[Amended 9-7-2005 by Ord. No. 2005-05; 7-12-2006 by Ord. No.
2006-04; 12-2-2015 by Ord. No. 2015-04]
Areas set aside as the ultimate right-of-way for a public or
private street;
Existing stormwater management facilities pursuant to Chapter 310, Stormwater Management;
Areas comprising rights-of-way and easements for aboveground
utilities and underground utilities other than for local retail service;
Any landowner, agent of such landowner, tenant with the permission
of such landowner, or equitable owner, who makes or causes to be made
a subdivision of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling, grading, and excavation, mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A measure of a tree's trunk size representing its diameter
at 4 1/2 feet above the ground level.
[Added 12-2-2020 by Ord.
No. 2020-05]
Area directly located under the outer circumference of the
tree branches. Sometimes also referred to as "root protection zone"
or "tree critical root zone."
[Added 12-2-2020 by Ord.
No. 2020-05]
A private cartway providing for vehicular and pedestrian
access between a public street and a parking area within a lot or
property.
Any building or other structure designed and occupied exclusively
for residence purposes, including an apartment and mobile home, but
excluding rental units in a motel, rooming house, institutional home,
dormitory, and the like.
A building designed and occupied exclusively for residence
purposes and having no structural connection, or party wall in common
with another building; where a private garage is structurally attached
to such building, it shall be deemed to be a part thereof.
See definition for "mobile home."
Four attached dwellings in one building in which each unit
has two open space exposures and shares one or two walls with adjoining
unit or units.
A building designed and occupied exclusively for residence
purposes, structurally connected, and having one side party wall in
common with one other building; where the other building is a dwelling,
each is commonly referred to as a "twin" dwelling.
A building designed for, and occupied exclusively for residence
purposes by, one family.
A building designed for, and occupied exclusively for residential
purposes by, two families living independently of each other and one
family living wholly or partly over the other.
One of a structurally connected series of three or more buildings
arranged in a row, each designed for and occupied exclusively as a
residence for only one family, and each having a party wall in common
with one or more of the other buildings in the series adjacent to
it, any or all of such buildings may be under different ownership.
A single living space for one family, providing sleeping,
cooking, and sanitary facilities, excluding individual rental units
in a motel, rooming house, institutional home, dormitory, and the
like.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to, clearing and grubbing,
grading, excavations, embankments, road maintenance, building construction
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation, or another person
or entity.
[Added 12-2-2015 by Ord.
No. 2015-04]
An organization for the instruction or promotion of learning,
philosophy, art, science, or the like; and the building or buildings
devoted to the work of such an organization.
The use of any lot, parcel of land, building or structure
for the express purpose of the advancement of education for persons
of all ages, provided that the term "educational use" or "educational
facilities" shall not be construed as a facility for purposes of detention
or confinement of any person or group including court adjudicated
persons.
The effective date of this chapter is five days after its
adoption, except that with respect to the subject matter of any amendment,
the effective date of this chapter shall mean five days after the
date upon which the particular amendment was adopted.
Planting of deciduous and evergreen trees and shrubs not
less than five feet in initial height and capable of attaining a height
and width of not less than 10 feet wherein not less than 50% of the
plants shall be evergreen mixed throughout the length of such screen,
so arranged or placed as to divert attention from, or obstruct at
least 85% of an otherwise clear view of, an objectionable or incompatible
use or activity during all seasons of the year. A wall or fence in
combination with the aforementioned plantings may be used as an effective
screen where required for parking and loading areas. The effective
screen shall be in accordance with plans and specifications prepared
by a registered landscape architect and shall be compatible with the
landscaping on the lot and approved by the Zoning Administration Officer.
Buildings or structures and equipment erected and used for
the purpose of transmission, switching or transforming of electrical
current between customers and the utility company facilities, not
including the storage of materials, trucks, repair facilities or housing
of repair crews, such buildings or structures being appropriately
planted or screened to blend the installation with the surrounding
landscape.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Township of
Schuylkill, its Planning Commission or Authority.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially permeable to the passage of water.
Any number of persons related by blood or adoption, or as
a CLA, living in a dwelling unit; or not to exceed three unrelated
individuals living together as a single, nonprofit housekeeping unit
and doing their cooking on the premises; excluding, however, occupants
of a club, fraternity house, lodge, residential club or rooming house.
A temporary inundation of normally dry land areas.
A relatively flat or low land area which is subject to inundation
from an adjoining or nearby stream, river, or watercourse; and/or
any area subject to the accumulation of surface waters from any natural
source; and/or any area delineated by applicable FEMA maps and studies
as being a special flood hazard district, or other professional engineering
studies.
[Added 12-2-2015 by Ord.
No. 2015-04]
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Amended 10-11-2006 by Ord. No. 2006-08]
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
Unit of light density incident on a plane (assumed to be
horizontal unless otherwise specified), and measurable with an illuminance
meter, aka light meter.
[Added 9-5-2007 by Ord. No. 2007-04]
The plane of the facade of the building closest to the street
right-of-way, excluding stoops, porticos, open colonnades, and open
porches.
[Added 10-2-2019 by Ord.
No. 2019-05]
Attribute of a lighting fixture from which no light is emitted
at or above a horizontal plane drawn through the bottom of the fixture
and no more than 10% of the lamp's intensity is emitted at or above
an angle 10° below that horizontal plane, at all lateral angles
around the fixture.
[Added 9-5-2007 by Ord. No. 2007-04]
Attribute of a lighting fixture provided with internal and/or
external shields and louvers to prevent brightness from lamps, reflectors,
refractors and lenses from causing glare at normal viewing angles.
[Added 9-5-2007 by Ord. No. 2007-04]
A garage having its vehicular entry door facing the street.
[Added 10-2-2019 by Ord.
No. 2019-05]
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises, and/or for the storage of not more than two motor
vehicles owned and used by persons other than the owner or tenant
of the premises, and which is not a separate commercial enterprise
available to the general public.
[Amended 10-2-2019 by Ord. No. 2019-06]
A garage having its vehicular entry door facing an alley
or rear lane.
[Added 10-2-2019 by Ord.
No. 2019-05]
A garage having its vehicular entry door facing the side
yard.
[Added 10-2-2019 by Ord.
No. 2019-05]
A building, not a private or a public garage, one story in
height, used solely for the storage of motor vehicles (other than
trucks) but not for the service or repair thereof nor for the sale
of fuel, accessories or supplies.
An area of land together with any buildings or structures
built thereon that is used for the retail sale of gasoline or other
motor vehicle fuel and lubricants. Such use may provide facilities
for automatic car washing or vacuuming of motor vehicles but does
not permit the repair or servicing of motor vehicles.
[Added 2-1-2006 by Ord. No. 2006-01]
An area of land together with any buildings or structures
built thereon that is used for the repair, servicing or storage of
motor vehicles. Such use does not permit the retail sale of gasoline
or other motor vehicle fuel and lubricants.
[Added 2-1-2006 by Ord. No. 2006-01]
Excessive brightness in the field of view that is sufficiently
greater than the brightness to which the eyes are adapted, to cause
annoyance or loss in visual performance and visibility, so as to jeopardize
health, safety or welfare.
[Added 9-5-2007 by Ord. No. 2007-04]
An area of conservation land, surrounded by streets on at
least two, three or four sides, around which dwellings are organized
such that the dwellings face the conservation land either directly
or across a street.
[Added 10-2-2019 by Ord.
No. 2019-05]
The floor of a building most nearly on a level with the surrounding
land surface; often called also the "first floor."
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak). For the purposes of this chapter, hedgerows are considered
woodlands and regulated as such regardless of area or tree and/or
shrub size.
[Added 12-2-2020 by Ord.
No. 2020-05]
A building's vertical measurement from the average grade
along all sides of the building to the highest point of the roof,
provided that chimneys, spires, towers, silos, barns, elevator penthouses,
tanks and similar projections shall not be included in calculating
the height.
[Amended 10-2-2019 by Ord. No. 2019-06]
A structure's vertical measurement from the average grade
along all sides of the structure to the highest point of the roof
provided that chimneys, spires, towers, silos, barns, elevators, penthouses,
tanks, and other similar projections shall not be included in calculating
the height.
[Added 10-2-2019 by Ord.
No. 2019-06]
A rotorcraft that, for its horizontal motion, depends on
its engine-driven rotors.
An area of land, water or a structural surface which is designed,
used or intended to be used for the landing and takeoff of helicopters,
and any appurtenant areas which are designed to be used for helicopter
support facilities such as maintenance, refueling and parking.
Any building, site, structure, or object designated as a
Class I or Class II historic resource and included on the Township
Historic Properties Map.
[Added 12-7-2011 by Ord. No. 2011-11]
Any structure that is:
[Amended 8-4-2010 by Ord. No. 2010-04]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An occupation carried on as an accessory use to a dwelling
by a person residing on the premises, which does not result in any
outward evidence or indication that the dwelling contains a home occupation.
An occupation carried on as an accessory use to a dwelling by a person residing on the premises, which is not classified as a class A home occupation and is subject to the provisions of § 370-141.
A dwelling in which temporary sleeping accommodations for
daily occupancy are provided for rent to less than 10 persons, whether
or not the serving of meals is included, but not to include continuous
occupancy (occupancy for more than 30 consecutive days) and not to
include occupancy by other than individuals requiring temporary daily
residential occupancy.
Includes dogs, cats, rabbits, gerbils, guinea pigs, hamsters,
caged birds, fish, nonvenomous reptiles and amphibians and other animals
of similar size and character normally associated with a dwelling
unit and generally housed within the dwelling unit.
A building designed for and occupied exclusively as residences
for three or more families living independently of one another, with
or without the provision of meal service for its tenants and guests,
and with or without a central dining room therefor, but without meal
service for the general public, and without habitable rooms in the
basement other than janitor's living quarters.
As defined by the National Technical Committee for Hydric
Soils (USDA-SCS 1991) or any amendments thereto, a hydric soil is
a soil that formed under conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic conditions
in the upper part (Federal Register, July 13, 1994, Changes in hydric
soils of the United States). Hydric soils are soils so listed by the
Chester County Conservation District (http:/dsf.chesco.org/conservation/lib/conservation/pdf/hydric.soils.pdf).
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Quantity of light, measured in footcandles.
[Added 9-5-2007 by Ord. No. 2007-04]
A commercial facility for the housing and feeding of transients,
located in an existing building.
[Amended 12-7-2011 by Ord. No. 2011-11]
A grouping of three or more industrial establishments on
a lot held in single and separate ownership.
Facilities for the shelter of more than six fully grown household
animals.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but not including the manufacture of products for sale.
A natural or artificial body of water which retains water
year round, and has an area of two or more acres.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features;
A subdivision of land.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code (as amended).
[Added 12-2-2015 by Ord.
No. 2015-04]
According to usage:
When applied to mobile home parks, shall mean written approval
by the Township Supervisors, a prerequisite of which shall be approval
by the Department of Health, and compliance with all applicable regulations
of this, or other, applicable ordinances.
When applied to erection of signs, shall mean written approval
by the Township Supervisors, a prerequisite of which shall be compliance
with all applicable regulations of this and other applicable ordinances,
and the posting of a liability insurance policy or an indemnity bond
in an amount not less than $10,000 payable to the Township Supervisors,
in a form satisfactory to the Township Solicitor.
Light emitted by a lighting fixture or installation, which
is cast beyond the boundaries of the property on which the lighting
installation is sited.
[Added 9-5-2007 by Ord. No. 2007-04]
A space, accessible from a street, in a building or on a
lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, excluding any area
within any right-of-way but including the area of any easement (also
see the definition for "developable area").
[Amended 9-7-2005 by Ord. No. 2005-05]
A lot at the junction of and abutting on two or more intersecting
streets, or at the point of abrupt change in direction of a single
street, the interior angle of which is not greater than 135°.
The percentage of the developable area of a lot covered by
any and all impervious materials, such as buildings, paved parking
areas, paved walks, terraces and similar surfaces which do not normally
absorb rainfall.
Any lot other than a corner lot.
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting the street,
the lot line for such portion of the lot as abuts such street shall
be deemed to be the same as the street line, and shall not be the
center line of the street or another line within the street lines
even though such may be the property boundary line described in a
deed.
The lot line abutting a street and coinciding with the right-of-way
line. In the event of a corner lot, such lot shall be construed to
have two front yards.
A lot line opposite and most distant from the front lot line;
if the rear lot line is less than 10 feet in length, the rear lot
line shall be deemed to be a line 10 feet in length within the lot,
parallel to and at the maximum distance from the front lot line.
Any lot line not a front or rear lot line.
A parcel of land in a mobile home park, constructed with
the necessary utilities and connections, and such other appurtenances
necessary for the proper installation thereon of a mobile home dwelling.
The distance, in feet, between the two opposite side lot
lines, measured at the building setback line.
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.
As used in the context of this chapter, the light-output
rating of a lamp (light bulb).[2]
[Added 9-5-2007 by Ord. No. 2007-04]
See "mobile home."
See "mobile home park."
A single message or advertisement for a product or service
that is divided into segments and presented over two or more successive
display phases of a sign, or across two or more individual signs.
[Added 7-11-2012 by Ord. No. 2012-03]
The replacement of existing work with equivalent materials
for the purposes of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A transportable, single-family dwelling, intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for towing, which arrives at a site complete and ready for occupancy
except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation,
and constructed with the same, or similar, electrical, plumbing, and
sanitary facilities as immobile housing. No titled or untitled vehicle,
whether containing living quarters or not, shall be considered a mobile
home under this chapter. For purposes of floodplain management only,
the term "mobile home" shall also include park trailers, travel trailers,
recreational and other similar vehicles which are placed on a site
for more than 180 consecutive days.
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile home lots
for placement thereon of mobile homes.
One or more buildings used for the purpose of providing temporary
sleeping accommodations to the traveling public. Such accommodations
shall be suitable for occupancy throughout the year and have accommodations
for 10 or more guests.[3]
A grouping of more than two and not to exceed five commercial
establishments which are designed to serve the convenience shopping
needs of the surrounding neighborhood, and which, in aggregate, does
not exceed 15,000 square feet in gross floor area. Such a complex
must be located on a lot held in single and separate ownership located
within the NC Neighborhood Commercial District.
Structures for which the start of construction commenced
on or after the effective date of this chapter, and including any
subsequent improvements thereto.
In lighting, the nit is a unit of visible-light intensity,
used to specify the brightness of a cathode ray tube, liquid crystal
computer display, light emitting diode (LED) display, or similar display.
One nit is equivalent to one candela per square meter.
[Added 7-11-2012 by Ord. No. 2012-03]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Amended 1-7-2013 by Ord.
No. 2013-01]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.[4]
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
[Amended 1-7-2013 by Ord.
No. 2013-01]
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
[Amended 1-7-2013 by Ord.
No. 2013-01]
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
[Amended 1-7-2013 by Ord.
No. 2013-01]
Any home or institution which operates or maintains facilities
providing convalescent or chronic care for 24 consecutive hours for
three or more patients not related by blood or marriage to the operator,
who by reason of illness or infirmity, are unable to properly care
for themselves. Convalescent and chronic care may include, but not
be limited to, any or all procedures commonly employed in caring for
the sick, such as administration of medicines, preparation of special
diets, giving of bedside nursing care, application of dressings and
bandages, and administering treatments prescribed by a duly licensed
practitioner of the healing arts. It may also include care of mentally
incompetent persons. Nothing in this definition shall be construed
to include general hospitals or other places which provide care and
treatment for the acutely ill and maintain and operate facilities
for major surgery or obstetrics, or both. Nothing in this definition
shall be construed to include any guest home, hotel, or related institution
which is held forth to the public as providing, and which offers only
board, room and laundry to persons not in need of medical or nursing
treatment or supervision.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
A surface water feature that has significant water quality
value and requires special protection; specifically, the Pickering
Reservoir, wetlands along and adjacent to the Pickering Reservoir,
any wetlands that have been determined to be exceptional value wetlands
by PADEP per Pa. Code § 105.17, and any waters that have
been determined to be EV exceptional value waters by PADEP per Pa.
Code § 93.4b.
[Added 12-2-2015 by Ord.
No. 2015-04]
A protective area similar to a riparian buffer, but extending
150 feet in total from the outer edge of an outstanding resource water,
and consisting of three separate zones.
This Zone One buffer begins at the outer edge of each surface
water feature that is an outstanding resource water and extends a
minimum width of 50 feet measured from the top of the defined bank,
as reviewed and approved by the Township Engineer. Where either steep
slopes or a FEMA delineated one-hundred-year floodplain occurs, the
limit of Zone One shall extend the entire distance of the larger of
the steep slope or FEMA floodplain area.
This Zone Two buffer begins at the outer edge of the outstanding
resource water inner buffer and extends for an additional 50 feet.
This Zone Three buffer begins at the outer edge of the outstanding
resource water middle buffer and extends for an additional 50 feet.
In cases where the Zone One buffer extends beyond 50 feet due to the
presence of steep slopes or a delineated FEMA one-hundred-year floodplain,
the width of the Zone Three buffer may be adjusted such that the full
width of the outstanding resource water buffer does not exceed a total
of 150 feet (Zones One and Two are not subject to this adjustment).
A reasonably level space, having a surface slope not exceeding 5%, available for the parking of one motor vehicle exclusive of passageways, driveways, or other means of circulation or access dimensioned as required in Chapter 320, Subdivision and Land Development.
[Amended 9-5-2007 by Ord. No. 2007-05]
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
[Added 10-11-2006 by Ord. No. 2006-08]
An area of land, together with any structures erected thereon, including drive-through lanes and canopies, where medical prescriptions are filled and prescription and over-the-counter drugs, medical supplies, food, beverages, personal care items, greeting cards and similar retail items are sold in one store under one operator as further limited in § 370-170. This definition shall not include a supermarket.
[Added 2-1-2006 by Ord. No. 2006-01]
The map or plan of a subdivision of land, whether preliminary
or final.
The final plat, or engineering layout of streets and lots,
easements, common open spaces and public grounds, which has been duly
approved by all necessary officials and bodies, and recorded in the
Office of the Recorder of Deeds of Chester County, West Chester, Pennsylvania.
A natural or artificial body of water which retains water
year round, and has an area of less than two acres.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined in United States Department
of Agricultural, Natural Resources and Conservation Services, Soil
Survey of Chester and Delaware Counties.
[Added 9-7-2005 by Ord. No. 2005-05]
An event during which public safety emergencies occur or
may occur, such as extreme weather and hazardous conditions, natural
disasters, terrorists attacks, amber alerts, emergency evacuations,
public infrastructure failures, and massive traffic accidents and
blockade of traffic.
[Added 7-11-2012 by Ord. No. 2012-03]
Notice published once each week for two successive weeks
in a newspaper of general circulation in Schuylkill Township. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or less than seven days from the date
of the hearing.
Wastewater collection and treatment facilities constructed
and operated by a municipality or by a municipal authority.
A public utility as that term is defined in the Pennsylvania
Public Utility Code, 66 Pa.C.S.A. § 101 et seq.
[Added 6-1-2011 by Ord. No. 2011-05]
Water which is distributed by a municipality, a municipal
authority, or a private company subject to control by the Public Utility
Commission, through a network of pipes and for which a fee is charged.
A man-made depression in the ground that is used as a landscape
tool to improve water quality by forming a bioretention area in which
water runoff is collected and stored permitting it be filtered and
absorbed by the soil. A rain garden is based on the hydrologic function
of forest habitat in which the forest produces a spongy litter layer
that soaks up water and allows it to slowly penetrate the soil layer.
[Added 7-12-2006 by Ord. No. 2006-04]
Leisure-time activities, usually of an organized nature and
performed with others, often requiring equipment and taking place
at prescribed times, places, sites, or fields.
Any leisure time activity not considered as active.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable by a light-duty
truck;
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
The process of returning a building or buildings to a state
of utility, through repair or alteration, which makes possible an
efficient use while preserving those portions and features of the
building and its site and environment which are significant to its
historic, architectural, and cultural values.
[Added 12-7-2011 by Ord. No. 2011-11]
An apartment or other individual space offered for rent or
lease within a motel, hotel, rooming house, institutional home, dormitory,
or in a professional or commercial office building.
A place of business serving food and beverages prepared for
consumption within a building, and providing table or sit-down service
only, but not including outdoor counter service or curb service. The
inside tables must seat comfortably a total of not less than 25 people.
The ultimate right-of-way line as defined herein and in Chapter 320, Subdivision and Land Development.
A protective area of land adjacent to each side of a watercourse,
which is not an outstanding resource water, and which is divided into
two separate zones. This area is managed to maintain vegetation to
protect the integrity of stream channels and shorelines, to reduce
the impact of upland sources of pollution by trapping, filtering,
and converting sediments, nutrients, and other chemicals, and to supply
food, cover and thermal protection to fish and other aquatic species
and wildlife.
[Added 12-2-2015 by Ord.
No. 2015-04]
A Zone One riparian buffer that begins at the top of each
stream bank of a watercourse and extends a minimum width of 50 feet
measured from the top of the defined bank, as reviewed and approved
by the Township Engineer. Where either steep slopes or a FEMA delineated
one-hundred-year floodplain extends beyond 50 feet from the top of
bank, the limit of this buffer shall extend the entire distance of
the steep slope or FEMA floodplain area.
A Zone Two riparian buffer that begins at the outer edge
of the Zone One inner riparian buffer and extends for an additional
50 feet.
A structure, building, wall or other outdoor surface, or
any device used for visual communications which is used for the purpose
of bringing the subject thereof to the attention of the public, or
to display, identify and publicize the name and product or service
of any organization or person.
[Amended 12-7-2011 by Ord. No. 2011-11; 7-11-2012 by Ord. No. 2012-03]
The following shall be used in computing the area of signs:
[Added 7-11-2012 by Ord. No. 2012-03]
The area of a sign shall be construed to include
all lettering, wording, graphics, symbols, lines, colors, or other
communication element(s), together with the background on which they
are displayed, whether open or enclosed.
The sign area shall include any structurally
supporting frame or framework used to encase, enclose and/or showcase
the sign.
Where the sign consists of individual letters
or symbols attached to or painted on a surface, building, wall or
window, the area shall be considered to be that of the smallest rectangle
or other regular shape, including the sign background, which encompasses
all of the letters and symbols.
In computing square footage area of a double-face
sign, only one side shall be considered, provided both faces are identical
in size. If the interior angle formed by the two faces of a double-faced
sign is greater than 60°, then both sides of such sign shall be
considered in calculating the sign area.
Any pole or column that is used to attach the
sign to the ground shall not be computed, unless such structural element
itself has letters, words, graphics, symbols, colors, etc.
An off-premises outdoor advertising sign that indicates a
product or service for a location not on the lot upon which such sign
is erected and maintained, and displays messages in a static sign
or digital sign format.
[Added 7-11-2012 by Ord. No. 2012-03]
A sign that can change content of text or images which may
utilize LED (light emitting diode) technology or other technology.
[Added 7-11-2012 by Ord. No. 2012-03]
A static or digital sign erected as a freestanding independent
structure (legs, base, or pole) upon the ground surface, and/or any
sign which is not supported by any part of a building, and having
no more than two visible faces of equal size, shape and dimension.
[Added 7-11-2012 by Ord. No. 2012-03]
See "billboard."
[Added 7-11-2012 by Ord. No. 2012-03]
A sign that is not digital and does not have changeable copy.
[Added 7-11-2012 by Ord. No. 2012-03]
A unified grouping of commercial establishments containing
five or more stores, shops, or outlets and located on a site of not
less than 10 acres within the C Commercial District, which site shall
be in single and separate ownership.
The land-side edges of lakes and ponds.
The ownership of property by any person, partnership, or
corporation, which ownership is separate and distinct from that of
any adjoining property.
Inclination of the land with respect to the horizontal, expressed
by stating the vertical rise or fall as a percentage of the horizontal
distance.
[Added 12-2-2015 by Ord.
No. 2015-04]
Elevated panels or plates (or arrays thereof) that capture
and convert solar radiation to produce electrical energy, including
flat plates, focusing solar collectors and/or photovoltaic solar cells,
but excluding the support post, base or foundation of the panel, plate
or array.
[Added 6-1-2011 by Ord. No. 2011-05]
All refuse including garbage and trash.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks, when such development
is located in all, or a designated portion of, a floodplain.
[Added 10-11-2006 by Ord. No. 2006-08]
An individual tree, or a tree within woodlands or hedgerows,
which is 24 inches (DBH) or larger. In addition, a tree that is unique,
culturally valuable, or historically significant may be designated
as a specimen tree by the Township by Township resolution.
[Added 10-2-2019 by Ord.
No. 2019-05; amended 12-2-2020 by Ord. No. 2020-05]
Those areas of land where the slope, as measured over a vertical
distance of six feet, is greater than 15%.
[Added 7-12-2006 by Ord. No. 2006-04; amended 12-2-2015 by Ord. No. 2015-04
Those areas of land where the grade of the slope is greater
than 25%.
Those areas of land where the grade of the slope is greater
than 15% and less or equal to 25%.
[Amended 12-2-2015 by Ord. No. 2015-04]
All steep slopes that are not naturally occurring steep slopes.
[Added 12-2-2015 by Ord.
No. 2015-04]
All steep slopes other than those occurring as a result of
grading, trenching, contouring, construction or other man-made processes.
[Added 12-2-2015 by Ord.
No. 2015-04]
Any feature, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration facilities.
[Added 12-2-2015 by Ord.
No. 2015-04]
That portion of a building comprised between the surface
of any floor and the surface of any floor or roof next above.
A strip of land including the entire ultimate right-of-way,
publicly or privately owned, serving primarily as means of vehicular
and pedestrian travel, furnishing access to abutting properties which
may also be used to provide space for sewer, public utilities and
sidewalks, but which does not include driveways (also referred to
as "road").
[Amended 8-4-2010 by Ord. No. 2010-04]
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders, of any change which could convert
an existing building or other structure into a different structure,
or adapt it to a different use, or which, in the case of a nonconforming
building or other structure, would prolong the life of such building
or other structure.
Any form or arrangement of building materials, on or in water
or land, involving the necessity for providing proper support, bracing,
anchoring or other protection against the forces of the elements.
Anything constructed or erected on the ground or attached to the ground
including but not limited to buildings, sheds, manufactured or mobile
homes and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water,
whether or not affixed to land.
[Amended 8-3-2005 by Ord. No. 2005-02; 9-7-2005 by Ord. No.
2005-07; 10-11-2006 by Ord. No. 2006-08]
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land 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.
Damage from any cause 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.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 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:
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
Any alteration of a historical structure, provided that the
alteration will not preclude the structure's continued designations
as a "historic structure."
A structure, above or below ground level, for the purpose
of containing water to a depth, at any point, in excess of two feet
and intended primarily for recreation, without regard to materials
of its construction.
A perennial single-stemmed woody plant that is more than
15 feet in height, or a multistemmed woody plant more than eight feet
in height.
[Added 12-2-2020 by Ord.
No. 2020-05]
An area that is radial to the trunk of a tree in which no
construction or earth disturbance activity shall occur. The tree protection
zone shall be 15 feet from the trunk of the tree to be retained, or
the dripline, whichever is greater. For specimen trees, the TPZ shall
be 20 feet from the trunk of the tree to be retained, or the dripline,
whichever is greater. Where there is a group of trees or woodlands,
the TPZ shall be the aggregate of the TPZs for the individual trees.
[Added 12-2-2020 by Ord.
No. 2020-05]
The right-of-way area measured on both sides of the center
line of a street or proposed street, as shown on the Ultimate Right-of-Way
Map of Schuylkill Township adopted by the Township Supervisors as
a part of the Official Map Summary of Schuylkill Township.
[Amended 12-2-2015 by Ord. No. 2015-04]
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 10-11-2006 by Ord. No. 2006-08]
Any land used or occupied for the purpose of buying and selling
secondhand motor vehicles and storing said motor vehicles prior to
sale, but excluding body or fender repair, painting, and the sale
of fuel or lubricants for motor vehicles.
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXV herein constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific piece of property and not as a precedent.
Any space designed or maintained solely for public pedestrian
use, without regard to ownership.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
[Added 12-2-2015 by Ord.
No. 2015-04]
Any area of land which is or may be hazardous to the public
health, safety or welfare as a result of any one of the following
conditions:
FLOODPLAINLand which has been, and may be inundated periodically by waters overflowing the normal banks of a stream as result of natural causes, or as result of grading, damming, or other man-made changes.
HIGH WATER TABLESoil in which the ground water exists at, or periodically rises to, a level which is too near the surface of the ground to permit a particular type of construction or installation.
MAN-MADE AREAAreas of land which have been disturbed or changed by grading or filling to such extent that ponding results because the natural soil conditions no longer prevail.
Any and all rivers, streams, creeks, lakes, rivulets, dammed
water, ponds, springs, and all other bodies of surface and underground
water, or parts thereof, whether natural or artificial, within or
on the boundaries of the Commonwealth of Pennsylvania.
A protective area extending 50 feet from the edge or a lake
or pond shoreline, or from the outer limit of a wetland boundary.
[Added 12-2-2015 by Ord.
No. 2015-04]
Those areas that are inundated or saturated by surface water
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. An area meeting the current,
official wetland definition of the United States Army Corps of Engineers
or the Pennsylvania Department of Environmental Protection shall be
considered a wetland. In the event there is a conflict between the
definitions of these agencies, the more inclusive definition shall
apply.
[Added 12-2-2015 by Ord.
No. 2015-04]
A commercial activity comprising the sale of commodities
in large quantities or in bulk, as to retailers or jobbers, rather
than to consumers directly, including warehousing, loading and unloading,
and shipping of such commodities.
A plant community of 1/4 acre or more in which tree species
are dominant or co-dominant, the branches of the trees form a complete,
or nearly complete, aerial canopy and where the largest trees measure
at least eight inches in diameter DBH. A woodland shall also include
10 or more individual trees of eight inches or greater DBH under a
common canopy. Woodlands consist of groupings of live trees regardless
of species or presence of illness, infestation, or physical defect.
Woodland shall include any area where woodland disturbance has occurred
within the previous three years that would have met the definition
of "woodland" prior to disturbance. Woodlands do not include orchards.
For the purpose of this chapter, the extent of any woodland plant
community or any part thereof shall be measured from the outermost
dripline of all the trees in the community.
[Added 12-2-2020 by Ord.
No. 2020-05]
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed by structures from
the ground to the sky, except for permitted accessory structures,
signs, and retaining walls, no closer than five feet to property lines,
except fences.
[Amended 7-6-2016 by Ord.
No. 2016-03; 10-4-2017 by Ord. No. 2017-12]
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of any structure on the lot, excluding fences. In the case of
a corner lot, such lots shall be construed to have two front yards.
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the nearest
point of any structure on the lot, excluding fences.
A yard extending the full depth of the lot along the side
lot line and extending in width from such side line to the nearest
point of any structure on the lot, excluding fences. Corner lots shall
be construed to have two front yards.
[1]
Editor's Note: The former definition of "floodplain area,"
which immediately followed this definition, was repealed 12-2-2015
by Ord. No. 2015-04.
[2]
Editor's Note: The former definition of “man-made steep
slopes,” added 7-12-2006 by Ord. No. 2006-04, which immediately
followed this definition, was repealed 12-2-2015 by Ord. No. 2015-04.
See now “steep slopes, man-made.”
[3]
Editor's Note: The former definition of “natural steep
slopes,” added 7-12-2006 by Ord. No. 2006-04, which immediately
followed this definition, was repealed 12-2-2015 by Ord. No. 2015-04.
See now “steep slopes, natural.”
[4]
Editor's Note: The former definition of "nonconforming," which
immediately followed this definition, was repealed 1-7-2013 by Ord.
No. 2013-01.
A.
Schuylkill Township is hereby divided into zoning districts which
shall be designated as follows:
[Amended 6-4-2003 by Ord. No. 2003-03]
|
FR
|
Rural Density Residential District
| |
|
R-1
|
Low-Density Residential District
| |
|
R-2
|
Medium-Density Residential District
| |
|
APO I
|
Apartment/Professional Office District
| |
|
APO II
|
Apartment/Professional Office District
| |
|
NO
|
Neighborhood Office District
| |
|
H
|
Historic Site Overlay District
| |
|
A-R
|
Administrative and Research District
| |
|
F
|
Flood Hazard District
| |
|
NC
|
Neighborhood Commercial District
| |
|
C
|
Commercial District
| |
|
LI
|
Limited Industrial District
| |
|
I
|
Industrial District
| |
|
I/LI
|
Industrial/Limited Industrial District
| |
|
PFZ
|
Public Facilities Zone
|
B.
The Township is also hereby divided into four character zones, as
follows:
[Added 9-7-2005 by Ord. No. 2005-05]
|
T-1
|
Most rural farmland, horse farm and woodland/forested areas
| |
|
T-2
|
More suburban, already subdivided, and not T-1, T-3, or T-4
| |
|
T-3
|
Most suburban/less urban, not as intense as T-4
| |
|
T-4
|
More urban, closer to Phoenixville, and adjoining Phoenixville
|
C.
The Character Zones boundaries shall be in accordance with the Comprehensive
Plan Addendum 2005, Figure 2, Character Zones, adopted June 15, 2005,
which is incorporated herein.
[Added 9-7-2005 by Ord. No. 2005-05]
D.
It is intended that the intent, use, and character of a lot or development
within a zoning district shall be consistent with the character zone
containing such lot or development.
[Amended 9-7-2005 by Ord. No. 2005-05]
The names, locations and boundaries of the zoning districts
shall be as shown upon the Map attached to and hereby made a part
of this chapter, which shall be designated "Zoning Map," and which
map, together with all explanatory matter (or notations, references
and other data) shown thereon is as much a part of this chapter as
if fully described herein.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
For the purposes of this chapter, the following controls are
hereby established:
A.
Uniform regulations. No part of Schuylkill Township shall be deemed
by this chapter to be unzoned. Within each zoning district, all provisions
shall be uniform for each class of use or structure.
B.
New uses and structures. In all zoning districts, after the effective
date of this chapter, any new building or other structure, or any
tract of land shall be constructed, developed and used only in accordance
with the regulations specified for each district.
C.
Existing uses and structures. In all zoning districts, after the effective date of this chapter, any existing buildings or other structure, or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article XXIII herein.
D.
Lot sizes. Any lot, as well as the open space reserved thereon, must
equal or exceed the minimum sizes prescribed by this chapter for the
zoning district in which such lot is located.
The boundaries between districts are, unless otherwise indicated,
either property lines, or the center lines of streets, lanes, watercourses,
and rights-of-way of power lines, railroads, and other public utilities
existing at the time of passage of this chapter, or such lines extended,
or lines parallel thereto. Where the boundaries of a single district
are indicated as including directly opposite sides of a street, lane,
lake or watercourse, or right-of-way of a power line or other public
utility, for any portion of its length, the district so indicated
shall be construed to apply to the entire bed of such street, lane,
lake or watercourse, or right-of-way of such power line, railroad,
or other public utility lying within such portion of its length. Where
uncertainty exists as to the location of any of said boundaries as
shown on the Zoning Map, the following rules shall apply:
A.
Where a district boundary is indicated as approximately following
the center line of a street, lane, lake or watercourse, or right-of-way
of a power line, or other public utility, such center lines shall
be construed to be such boundary.
B.
Where a district boundary is indicated as approximately following
a lot or other property line, such lot or property line shall be construed
to be such boundary.
C.
Where a district boundary divides a lot or runs through undivided
property, the location of such boundary, unless otherwise specified
by figures on the Zoning Map, shall be determined by the use of the
scale appearing on said map.
D.
Where figures are shown on the Zoning Map between a street and a
district boundary, they shall indicate that the district boundary
runs parallel to the street line at a distance therefrom equivalent
to the number of feet so indicated, unless otherwise specified. When
scaled distances do not agree with such figures, the figures shall
control.
Whenever federal- or state-owned property is included in one
or more of the zoning districts, it shall be subject to the provisions
of this chapter only insofar as permitted by the Constitution and
Laws of the United States of America and of the Commonwealth of Pennsylvania.
This chapter shall apply to all existing and proposed buildings,
and extensions thereof, and to any land, used or to be used by a public
utility corporation.
The following table includes a summary of permitted uses and
special exception uses, listed according to the zoning districts in
which they are permitted. This table is provided as a reference convenience
only. In the event of a contradiction or ambiguity between this table
and other portions of this chapter, the other portions of this chapter
shall prevail. Additional conditions may apply to uses indicated as
permitted by right.[1]
[1]
Editor's Note: The Summary of Allowed Uses and the Summary
of Bulk and Lot Regulations are included at the end of this chapter.
