As used in this chapter, the following terms shall
have the meanings indicated:
ACCESS DRIVE
A paved or unpaved surface, other than a street, which provides
vehicular access from a street or private road to any lot except a
residential lot.
ACCESSORY BUILDING
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of the main building and located on the same lot with such principal
use or main building.
ACT
As used in this chapter, refers to the Pennsylvania Municipalities
Planning Code, the Act of July 31, 1968, P.L. 805, No. 247, as amended;
53 P.S. § 10101 et. seq.
ADULT BOOK STORE
An establishment or business having as a substantial or significant
part of its stock-in-trade, books, magazines, photographs, pictures
and other periodicals or paraphernalia which are distinguished or
characterized by their emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
(as defined herein).
ADULT DRIVE-IN MOTION PICTURE THEATER
An outdoor establishment used for presenting motion pictures
films distinguished or characterized by an emphasis on matter depicting,
describing or relating to specific sexual activities or specified
anatomical areas for observation by patrons therein.
ADULT MINI-MOTION PICTURE THEATER
An enclosed building with a capacity for less than 50 persons
used for presenting motion picture films distinguished or characterized
by an emphasis or matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
ADULT MOTION PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting motion picture films distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
AGRICULTURAL
The tilling of the soil, the raising of crops, horticulture,
animal husbandry, and gardening.
ALLEY
A public thoroughfare other than a side street which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
ALTERATIONS
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders.
AMENDMENT
A change in use in a district which includes revisions to
the zoning text or the official zoning map. The authority for any
amendment lies solely with the Township Board of Supervisors.
ANIMAL HOSPITAL
A building used for the treatment, housing, or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
APARTMENT, CONVERSION
A multifamily dwelling constructed by converting an existing
building into apartments for more than one family, without substantially
altering the exterior of the building.
APARTMENT HOUSE
A building occupied by three or more dwelling units; a townhouse
or garden apartment.
AREA, BUILDING
The total area taken on a horizontal plane at the level of
the ground surrounding the main building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
AUTOMOBILE
A self-propelled, free-moving vehicle, primarily for conveyance
on a street or roadway.
AUTOMOBILE BODY SHOP
A building on a lot that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers, and/or accessories of
automobiles and other vehicles for conveyance.
AUTOMOBILE GARAGE, PRIVATE
An accessory building for the storage of one or more automobiles
and/or other/vehicles accessory and incidental to the primary use
of the premises, provided that no business, occupation, or service
is conducted therein nor space therein for more than one automobile
is leased to a nonoccupant of the premises.
AUTOMOBILE GARAGE, PUBLIC
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental servicing, or supplying of gasoline
or oil to automobiles, trucks, or similar motor vehicles.
AUTOMOBILE OR GASOLINE SERVICE STATION
A building on a lot or part thereof, that is used primarily
for the retail sale of gasoline, oil, other fuel, and which may include
facilities used for polishing, greasing, washing, dry cleaning, or
otherwise cleaning or servicing automobiles and other vehicles.
AUTOMOBILE AND/OR TRAILER SALES LOT
An open lot, used for the outdoor display or sales of new
or used automobiles or trailers, and may include a building where
minor and incidental repair work (other than body and fender) may
be done.
AUTOMOBILE, TRAILER, MOTOR HOME, AND/ OR MANUFACTURED HOME SALES
GARAGE
A building on a lot designed and used primarily for the display
or sale of new and used cars, trailers, motor homes, and/or manufactured
homes where mechanical repairs and body work may be conducted as an
accessory use incidental to the primary use.
[Added 12-21-2020 by Ord. No. 280]
BASEMENT
A story partly underground but having 1/2 or more of its
height above the average level of the adjoining ground.
BED-AND-BREAKFAST
In areas where permitted, a dwelling used as a residence
which also offers lodging overnight and normally a morning meal. These
dwellings shall have no more than six rooms for overnight guests,
not including the rooms used by the owners and their immediate family.
Meals other than breakfast may be served when requested, and only
to individuals who are staying at the facility overnight. Rooms may
not be rented out on a permanent or extended basis or used as apartments.
BOARDING HOUSE
A building where, for compensation, provisions are made for
lodging for at least three but not more than 15 persons. Meals may
or may not be included.
BUFFER YARD
An open, unoccupied space in addition to district setbacks,
where required by this chapter. Buffer yards shall consist of grass,
trees, shrubs, walkways, and low-level lighting, but may not have
private driveways, parking areas, fences, walls, structures, storage
areas, loading or unloading docks, or streets. Access drives may cross
a buffer yard.
BUILDING
Any structure on a lot, having a roof supported by columns
or walls and intended for the shelter, housing, or enclosure of persons,
animals, or chattels, and including covered porches, bay windows,
chimneys, greenhouse, or sheds and accessory structures not set on
a permanent foundation.
[Amended 1-20-2014 by Ord. No. 246]
BUILDING, LINE
A line parallel to the front, side, or rear lot line so as
to provide the required yard.
CAMP GROUND
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary, or seasonal nature, a travel trailer camp or travel trailer
court.
CAR WASH/VEHICLE WASH
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and other vehicles and which
may provide accessory services as set forth herein for automobile
service stations.
CARPORT
An accessory building open on two or more sides which may
be attached to the main building and used for storing one or more
automobiles.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the required number of stories.
CHICKEN
Poultry or fowl of the species Gallus gallus domesticus/G.
gallus domesticus. The species includes many different breeds of chicken.
[Added 1-20-2014 by Ord. No. 246]
CHICKEN COOP
A structure for sheltering of female chickens (pullets or
hens). An existing accessory structure may be used for this purpose.
[Added 1-20-2014 by Ord. No. 246]
CHICKEN PEN
An enclosure that is connected to or surrounds a chicken
coop.
[Added 1-20-2014 by Ord. No. 246]
COLLECTOR STREET
A roadway classified in the Township Comprehensive Plan as
a collection street.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents or particular development, not
including streets, off-street parking areas and set aside for public
facilities. Common open space shall be substantially free of structures
but may contain such improvements as are in the development plan as
finally approved and as are appropriate for the recreation of residents.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
COMMUNICATIONS TOWER
Any structure used primarily for communications equipment,
including telephone, radio, television, digital services, microwave
antenna and any similar structure or use.
CONCENTRATED ANIMAL OPERATIONS (CAO)
Agricultural operations where the animal density exceeds
two animal equivalent units (AEU) per acre on an annualized basis.
An animal equivalent unit (AEU) is equal to 1,000 pounds of live weight
of any livestock or poultry animals, regardless of the actual numbers
of animals. The regulations for CAOs also apply to concentrated animal
feed operations (CAFOs). All concentrated animal operations (CAO)
and concentrated animal feed operations (CAFO) must comply with 3
Pa.C.S.A. § 501 et seq., and all other applicable state
law. Appropriate approval from the state must be obtained and a copy
presented to the Township prior to issuance of any permit for concentrated
animal operations of any type.
[Amended 11-16-2009 by Ord. No. 224; 8-17-2020 by Ord. No. 276]
CONDITIONAL USE
A use permitted within a particular zoning district which
is subject to express standards and criteria set forth in this chapter
and is allowed or denied by the Board of Supervisors following public
notice and public hearing.
[Amended 12-16-2019 by Ord. No. 271]
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured homes.
[Amended 12-21-2020 by Ord. No. 280]
CONSTRUCTION EQUIPMENT
All off-road equipment designed to be used primarily in the
construction and excavation industry. Also includes vehicles of more
than two axles used in construction work, including dump trucks of
more than two axles, construction trailers, and any other such vehicles.
CONSTRUCTION PERMIT
A permit obtained from the UCC Code Administrator designated
by the Township for the purpose of compliance with the Uniform Construction
Code, Act 25.
[Added 12-29-2004 by Ord. No. 181]
COURT
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded by two or more sides by the
walls of such building.
COURT, INNER
A court which does not extend to a street, alley, yard or
outer court.
COURT, OUTER
A court which extends to a street, alley, yard or other outer
court.
COVERAGE
The percentage of the plot or lot area covered by the building
area.
CURB LEVEL
The officially established grade of the curb in front of
the midpoint of the lot.
DAIRY
A commercial establishment for the manufacture or processing
of dairy products.
DAY-CARE CENTER
A stand-alone facility in which day care for any number of
children is performed in a building that is neither the provider's
home, nor the home of any other person.
[Added 1-17-2011 by Ord. No. 231]
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 and the subdivision
of land.
DISMANTLED AND NONOPERABLE VEHICLE
A vehicle which does not display the current Pennsylvania
Inspection Certification or is manifestly incapable of being locomotive
in its existing condition.
DOG KENNEL
The sheltering for commercial purposes of two or more dogs
that are more than six months old.
DUMP
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning, or any other means and for
whatever purposes of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or part thereof, or waste material of any kind.
DUPLEX
See "dwelling, single family semidetached."
DWELLING
A building or structure designed for living quarters for
one or more families not including hotels, rooming houses or other
accommodations used for transient occupancy."
[Amended 12-21-2020 by Ord. No. 280]
DWELLING UNIT
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
DWELLING, MULTIFAMILY
A building used by three or more families living independently
of each other and doing their own cooking including apartment houses.
DWELLING, GROUP
A group of two or more single-family, two-family or multifamily
dwellings occupying a lot in one ownership.
ESSENTIAL MUNICIPAL SERVICE FACILITY
A facility operated or owned by the Washington Township Supervisors,
Washington Township Municipal Authority, or Waynesboro Municipal Authority
that provides public water, sewer, communications or any other essential
service as determined by the Township Supervisors.
ESSENTIAL SERVICES
Those services provided by or regulated by federal, state
or local government such as, but not limited to, police and fire protection,
utilities, transportation and communications, which are an indispensable
element of the Township.
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.
FAMILY
One or more persons who live in one dwelling unit and maintain
a common household. May consist of a single person or two or more
persons, whether or not related by blood, marriage, or adoption. May
also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodging, or boarding houses.
FARM
Any parcel of land containing at least 10 acres which is
used in the raising of agricultural products, livestock, poultry and
dairy products. It includes necessary farm structures within the prescribed
limits and the storage equipment used. It excludes the raising of
fur-bearing animals, riding academies, livery or boarding stables
and dog kennels.
FENCE
Any combination of materials creating an enclosure or barrier
to prevent intrusion from outside or straying from within.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD-FRINGE
That portion of the floodplain outside the floodway.
FLOODPLAIN
A relatively flat or lowland area which is subject to partial or complete inundation from any adjoining or nearby stream, river or watercourse, from any source. The area specifically identified in this chapter as a flood hazard (FH) subject to flooding by the one-hundred-year flood. Included would be areas identified on FIA maps and other documents as floodway (FW), flood-fringe area (FF) and general floodplain (FA). See §
360-112 for additional data.
FLOODPROOFING
Means 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.
FLOODWAY
The designated area of a floodplain required to carry and
discharge flood water to a given magnitude. For the purpose of this
chapter, the floodway shall be capable of carrying the waters of the
one-hundred-year magnitude without increasing water elevations of
that flood more than one foot at any point.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
FLOOR AREA RATIO
The ratio of floor area of a building to its lot area. When
a floor area ratio of .4 is specified, the floor area of a building
constructed on a lot of 10,000 square feet is limited to a maximum
of 4,000 square feet. The number of stories being optional, the building
area may be 4,000 square feet for one story; 2,000 square feet for
each of two stories; etc.
FOOTCANDLE
A unit of illumination equal to the light flux falling on
one-square-foot area one foot away from a light source of one-candle
power.
GARAGE
See "automobile garage."
GARDEN APARTMENTS
A grouping of single-family dwelling units combined in one
or more structures and served by common entryways and stairs not to
exceed three stories in height.
GARDENING
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
GRADE, FINISHED
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
GREENHOUSE
See "building."
[Added 1-20-2014 by Ord. No. 246]
GROUP HOME
A single-family dwelling used by a group of individuals,
related or unrelated, who share common interests. Group homes may
include dwellings occupied by those with disabilities, handicaps,
illnesses, senior citizens, but do not include institutional facilities
such as shelters, retirement communities, or users of illegal drugs,
sex offenders, juvenile offenders and others who present a direct
threat to the community.
HEIGHT OF BUILDING
The vertical distance measured from the level of the ground
surrounding the building to a point midway between the highest and
lowest point of the roof, but not including chimneys, towers, spires,
elevator penthouses, tanks, and similar projections.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto, providing that the use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes,
the exterior appearance of the structure or premises is constructed
and maintained as a residential dwelling and no goods are publicly
displayed on the premises other than signs as provided herein. Only
residents and family members may be employed in said home occupation.
No offensive noise, vibration, smoke, dust, odor, heat, glare on homes
shall be created by said home occupation.
HOSPITAL
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care including such establishments
as a sanatorium and preventorium.
HOTEL
A building designed for occupancy primarily as the temporary
abiding place for individuals who are lodged with or without meals,
in which building:
(1)
There are more than 10 sleeping rooms;
(2)
Fifty percent or more of the gross floor area
shall be devoted to residential use;
(3)
Business may be conducted when accessory and
incidental;
(4)
Such hotel services as maid, telephone and postal
services are provided.
HOTEL, APARTMENT
A building designed for occupancy primarily as the permanent
abiding place of families who are lodged with or without meals, in
which building:
(1)
More than 50% of the gross floor area devoted
to residential use is in dwelling units;
(2)
Business may be conducted when accessory and
incidental;
(3)
Such motel services as common dining facilities,
maid, telephone, and postal services are provided;
(4)
There may be club rooms and ballrooms.
INDUSTRIAL PARK
A tract of land laid out in accordance with an overall plan
for a group of industries with separate building sites designed and
arranged on streets and with utility services, setbacks, side yards,
landscaped yards, covenants controlling the architecture and uses.
IN-HOME DAY CARE
Day care for five or less children in a residence who are
not residents of the dwelling in which the care is provided.
[Added 1-17-2011 by Ord. No. 231]
INTERNAL MANUFACTURED HOME PARK STREET
A street in a manufactured home park, constructed per the
plan approved by the Township Supervisors, privately owned, constructed
and maintained, which functions only to provide direct access to individual
manufactured home lots.
[Added 12-21-2020 by Ord. No. 280]
JUNKYARD (SALVAGE YARD)
A lot, land or structure, or part thereof, used for the collection,
storage, and/or sale of wastepaper, rags, scrap metal, or discarded
material, or for the collecting, dismantling, storage, and salvaging
of machinery or vehicles not in running condition, and/or for the
sale of parts thereof.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
(a)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
(b)
The division or allocation of land or space, whether initially
or cumulatively between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
(3)
Development in accordance with this chapter.
[Amended 11-16-2009 by Ord. No. 224]
(4)
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing noncommercial nonindustrial
building, is not considered a land development under this chapter.
LAND USE OCCUPANCY PERMIT
A permit required by the Township prior to occupancy of any
structure which falls under the Uniform Construction Code requirements.
[Added 12-29-2004 by Ord. No. 181]
LAND USE PERMIT
A permit required by the Township for construction of any
structure, addition, attachment, foundation, or other structural changes.
[Added 12-29-2004 by Ord. No. 181]
LIMITED SMALL BUSINESS
A commercial enterprise owned and operated by family members
residing on the same lot as the business. In addition to family members,
the small business may employ up to three additional employees.
LODGING HOUSE (ROOMING HOUSE)
A building or a portion thereof, other than an apartment
hotel or a hotel, containing not more than one dwelling unit; where
lodging is provided without meals for three or more persons in addition
to the family unit.
LOT
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated,
and having its principal frontage on a street. A designated parcel,
tract or area of land established by a plot or otherwise as permitted
by law and to be used, developed, or built upon as a unit.
LOT AREA
The area contained within the property lines of a lot as
shown on a subdivision plan excluding space within any public right-of-way,
but including the area of easement.
LOT, CORNER
A lot as the junction of and abutting on two or more intersecting
streets or private roads or at the point of abrupt change of a single
street or private road, where the interior angle is less than 135°
and the radius of the street or private road line is less than 100
feet.
LOT LINES
The lines bounding a lot as defined herein.
LOT, NONCONFORMING
A lot of record prior to the enactment of this chapter, which
by reason of area or dimensions does not conform to the requirements
of the district in which it is located.
LOT, PANHANDLE
A polygonal-shaped lot with the appearance of a "frying pan"
or "flag and staff" in which the handle is most often used as the
point of access to a street or road. The "handle" shall be not less
than 20 feet in width and is not included in the minimum lot area
calculations.
MAJOR THOROUGHFARE, RESTRICTED ACCESS
A major thoroughfare or part thereof, which when open to
public use, access is limited from abutting property and other streets
to locations and in the manner approved by the municipality or the
Pennsylvania Department of Transportation.
MALL
See "shopping center."
MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent occupancy or nontransient use as a dwelling, office, or place of assembly, contained in one unit (or in two units designed to be joined into one integral unit capable of again being separated for towing purposes), which arrives at a site essentially complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with a permanent foundation. This does not include motor homes. Manufactured homes must be installed in compliance with §
360-33 and all other relevant requirements.
[Amended 12-21-2020 by Ord. No. 280]
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
[Added 12-21-2020 by Ord. No. 280]
MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of manufactured homes for permanent
occupancy or nontransient use, consisting of two or more manufactured
home lots.
[Added 12-21-2020 by Ord. No. 280]
MASSAGE SHOP
An establishment or business which provides the services
of massage and body manipulation, including exercises, heat and light
treatments of the body, and all forms and methods of physiotherapy,
unless operated by a medical practitioner or professional physical
therapist licensed by the commonwealth.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose 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,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
MOBILE HOME
A manufactured home produced before June 15, 1976.
[Amended 12-21-2020 by Ord. No. 280]
MORTUARY
An establishment with facilities for preparation of the dead
for burial or cremation, for viewing of the body, and for funerals.
MOTEL
A building or group of buildings containing apartments and/or
rooming units, with at least 25% of the units having direct access
to the outside without the necessity of passing through the main lobby,
used primarily for the accommodation of automobile travelers and which
may provide meals and other services as a part of the compensation.
MOTOR HOME
An automobile, trailer, or other vehicle, which includes
a specifically designed, modified, or adapted sleeping area, bathroom,
or kitchen. This includes campers, recreational vehicles, travel trailers,
trailer coaches, and house trailers which do not have permanent foundations.
[Added 12-21-2020 by Ord. No. 280]
MUNICIPAL WASTE LANDFILL
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, office
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site and contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility.
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 following requirements:
(1)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(2)
The business shall employ no employees other than family members
residing in the dwelling.
(3)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(4)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(5)
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.
(6)
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.
(7)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(8)
The business may not involve any illegal activity.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING SIGN
A sign which does not conform to the regulations of a district
in which it is located.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or amendment or prior to the
application of this chapter or amendment to its location by reason
of annexation. Such nonconforming structures include, but are not
limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or structure, which does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment to its location by reason
of annexation.
NURSERY, HORTICULTURE
Any lot or parcel of land used to cultivate, propagate, and
grow trees, shrubs, vines and other plants including the buildings,
structures, and equipment customarily incidental and accessory to
the primary use.
NURSING OR CONVALESCENT HOME
A building designed and used for the full-time care of human
beings and which may include housing or lodging, meals, and nursing.
OBSTRUCTION
Any wall, dam, wharf, embankment, levee, dike, pile abutment,
projection, excavation, channel, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same downstream to the
damage of life and property.
ONE-HUNDRED-YEAR FLOOD
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).
OPEN SPACE
The unoccupied space open to the sky on the same lot with
the building.
PARKING SPACE
The space within a building, or on a lot or parking lot,
for the parking of one automobile.
PEDESTRIAN WALKWAYS
An area reserved for non-motor vehicle and pedestrian use.
Normally a minimum of five feet in width, except along existing roadways,
where a minimum of three feet width is permitted. Walkways may be
along existing roadways, future roadways, or completely separated
from roadways, and for the use of the general public.
PERSON
Any natural individual, firm, company, corporation, tenant,
owner, trust partnership, association, lessee, licensee or agent.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
or residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required, open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
PLAT
A map, plan, or layout showing the subdivision of land and
indicating the location and boundaries of individual properties.
POULTRY
One or more domesticated or wild birds kept for pleasure
or for eggs, meat, offspring, feathers, or manure, excluding chickens,
pet birds kept within a residence, and wild birds over which no control
is exercised by humans.
[Added 8-17-2020 by Ord. No. 276]
PREMISES
A lot, parcel, or tract of land and any building constructed
thereon.
PRINCIPAL USE
The main or primary use of a building, structure, or lot.
PRIVATE
Not publicly owned, operated or controlled.
PRIVATE DRIVEWAY
A vehicular access to a single-family dwelling, duplex or
townhouse or other undeveloped property.
PRIVATE ROAD
A right-of-way other than a street, which provides vehicular
access to two or more lots.
PUBLIC
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Board of Public
Education).
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Township
Supervisors or Planning Committee, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
[Amended 12-16-2019 by Ord. No. 271]
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearings. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC UTILITY FACILITY
A facility designed to perform an essential public service
such as supplying gas, electricity, telephone service or transportation,
operated or regulated by the federal, state, or local government,
excepting, however, essential municipal service facilities and communications
towers.
RESIDENTIAL DISTRICT
Within the context of this chapter, this definition shall
encompass the Forest Conservation District, the Agricultural District,
the Low-Density Residential District, the Medium-Density Residential
District, the Medium-Density Mobile Home Residential District, and
the Historic District.
[Amended 8-17-2020 by Ord. No. 275]
RIDING ACADEMY
An establishment where horses are kept for riding or driving,
or are stabled for compensation.
SCHOOL
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCHOOL, COLLEGE
Similar to elementary and secondary schools, except education
is at an advance level, and may include junior college, college or
university.
SCHOOL, ELEMENTARY
Any school having regular sessions with employed instruction
which teaches those subjects that are fundamental and essential in
general education for elementary grades.
SCHOOL, NURSERY
Any place designed and operated to provide regular instruction
and daytime care for two or more children under the age of elementary
school.
SCHOOL, SECONDARY
Same as elementary school except general education is provided
for secondary grades.
SCHOOL, VOCATIONAL
Same as elementary and secondary school except that the primary
activity is training in a trade or vocation.
SCRAP PROCESSING AND MANUFACTURING
The receiving of unprepared or unprocessed scrap, the segregation
of this material into grades, and the production of finished metal
products in specific sizes and physical configurations according to
the specifications of steel mills, foundries, and refineries, by manufacturing
processes such as baling, shearing, shredding, or otherwise processing
the unprocessed materials through the use of specialized machinery
and equipment.
SCREEN PLANTING
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining districts the
structures and uses on the premises on which the screen planting is
located.
SCREENING
A well-maintained, solid opaque fence or wall at least eight
feet in height or hedge, or vegetative material at least four feet
in height and of density to conceal from the view of adjoining property
owners the structures and uses on the premises on which the screening
is located.
SIGN
Any device visible from a location whose essential purpose
and design is to convey either commercial or noncommercial messages
by means of graphic presentation of alphabetic or pictorial symbols
or representations, excluding noncommercial flags or any flags displayed
from flagpoles or staffs.
SPECIAL EXCEPTION
A modification of the regulations of the ordinance which
the Zoning Hearing Board is permitted to authorize in specific instances
listed in this chapter.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered.
(a)
Human genitals, pubic region;
(c)
Female breasts below a point immediately above
the top of the areola; and
(2)
Human male genitals in a discernible turgid
state, even if completely and 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; or
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttocks, or female breasts.
STABLE, PRIVATE
An accessory building in which horses are kept for private
use and not for hire, remuneration, exhibition or sale.
STABLE, PUBLIC
A building in which any horses are kept for remuneration,
hire, exhibition or sale.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it; if there is
no floor above it, then the space between any floor and the ceiling
immediately above it.
STREET
A public street, avenue, boulevard, road, highway, freeway,
or parkway which affords vehicular access to abutting properties.
STREET GRADE
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of other streets
upon which the lot abuts; at the midway of the frontage of the lot
thereon. If there is no official established grade, the existing grade
of the street at such midpoint shall be taken as the street grade.
STREET LINE
The dividing line between the street and lot, also known
as the right-of-way.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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 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. For the purpose of this chapter in deciding what is a subdivision,
multiple lots, tracts or parcels which have been conveyed on one deed
regardless of number of lots, tracts or parcels and regardless of
the method of taxation, shall be considered to be a single lot, tract
or parcel; and shall be subject to the provisions of this chapter
if any division, redivision or resubdivision of such lots, tracts
or parcels is desired.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure, either:
(1)
Before the improvement or repair is started; or
(2)
If the structure has been damaged, and is being restored, before
the damage occurred.
TELEPHONE CENTRAL OFFICE
A building and its equipment erected and used for the purpose
of facilitating the transmission and exchange of telephone and radio
messages among subscribers, and other business of a telephone company,
provided that in a residential district, a telephone central office
shall not include public business facilities, storage of materials,
trucks, or repair facilities, or housing of repair crews.
THEATER
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
THEATER, OUTDOOR DRIVE-IN
An open lot or part thereof with its appurtenant facilities
primarily to the showing of moving pictures or theatrical productions
on a commercial basis to patrons seated in automobiles or on outdoor
seats.
TOURIST CAMP
Any park, tourist park, tourist court, camp, court, site,
lot, parcel or tract of land upon which one or more camp cottages,
cabins or tent sites are located and maintained for the accommodations
of transients by the day, week, or month, whether a charge is made
or not.
TOURIST HOME
A dwelling in which overnight accommodations are used by
transient guests for compensation.
TOWNHOUSE
Single-family attached dwelling unit of one-, two- or three-story
construction so situated that there are three or more units contiguous
to one another with some common walls, adjacent parking facilities
and common yards or open space provided for all occupants.
UCC OCCUPANCY PERMIT
A permit issued by the UCC Code Administrator certifying
final inspections have been completed.
[Added 12-29-2004 by Ord. No. 181]
USE
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
VARIANCE
The permission granted by the Zoning Hearing Board for an
adjustment to some regulation which, if strictly adhered to, would
result in an unnecessary hardship and where the permission granted
would not be contrary to the public interest, and would maintain the
spirit and original intent of this chapter.
VEHICLE, ABANDONED
A vehicle, such as automobile, truck, tractor, farm or construction
equipment, that has been at the same location on public or Township
property or rights-of-way for more than seven consecutive days.
VEHICLE, DISMANTLED
A vehicle, such as automobiles, truck, tractor, farm or construction
equipment, which has had sufficient parts removed that it cannot be
repaired and operated in a reasonable time. Any vehicle that cannot
be repaired or moved under its own power within 30 days of a notice
to move is considered dismantled.
VEHICLE, INOPERABLE
A vehicle, such as automobile, truck, tractor, other farm
or construction equipment, which will not start and move under its
own power and has not been repaired within 30 days.
VEHICLE, UNLICENSED
A vehicle, such as automobiles, truck, tractor, farm or construction
equipment, that is not properly inspected or licensed in accordance
with the PA Motor Vehicle Code.
WATERCOURSE (STREAM)
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
WINDOW
An opening to the outside, other than a door, which provides
all or part of the required natural ventilation, natural light, or
both to an interior space.
YARD
A space open to the sky and unoccupied by any building, structure,
or merchandise or material for display or sale, located on the same
lot with a building, structure or use.
YARD, EXTERIOR
An open, unoccupied space between the buildings of a dwelling
group or its accessory buildings and the project boundary or street
line.
YARD, FRONT
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and front line of the building projected to the side lines of
the lot. The depth of the front yard shall be measured between the
front line of the building and the street line. Covered porches, whether
enclosed or unenclosed, shall be considered as part of the main building
and shall not project into a required front yard.
YARD, INTERIOR
An open unoccupied space between the buildings of a dwelling
group or its accessory buildings, not a front, side, or rear yard.
YARD, REAR
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear line of the building
shall not extend into the required rear yard.
YARD SALE
The sale or offering for sale of new, used or secondhand
items of personal property at any one residential premises at any
one time. The term "yard sale" shall include any type of such sale
of 20 or more items from a residential premises, regardless where
on the premises the items for sale are actually located. The term
"yard sale" shall include but is not limited to the following terms:
"garage sale," "tag sale," "porch sale," "lawn sale," "attic sale,"
"basement sale," "rummage sale," "flea or flea market sale," and any
similar casual sale of personal property from a residential premises.
[Added 1-17-2011 by Ord. No. 231]
YARD, SIDE
An open, unoccupied space on the same lot with the building
situated between the building and the side line of the lot extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line. A building shall not
extend into the required side yards.
ZERO LOT LINE LOT
Form of housing in which individual dwelling units are placed
on separate platted lots and are constructed on the boundary line
on one side and has the required setback on the other side.
[Added 7-21-2008 by Ord. No. 214]
ZONING
To partition by ordinance into sections reserved for different
purposes and uses.
ZONING MAP
The map setting forth the boundaries of the Zoning Districts
of the Township, which shall be part of this chapter.