Township of Derry, PA Background Provisions

All that certain parcel or tract of land situated in Derry Township, Mifflin County, Pennsylvania, described as follows, to wit: that premises sold and conveyed by Barry L. Marker and Diane E. Marker, husband and wife, to the Trustees of the Church of God at Lewistown, by deed dated January 11, 2005, and recorded as Mifflin County Record Book 537 at Page 990, being referred to as Mifflin County Tax Map Parcel No. 16, 09-0105IC —,000;

All that certain parcel or tract of land situated in Derry Township, Mifflin County, Pennsylvania, described as follows, to wit: that premises sold and conveyed by Philip E. Gingerich, Jr., and Shannon L. Gingerich, husband and wife, to Philip E. Gingerich, Jr., and Shannon L. Gingerich, husband and wife, as tenants by the entireties, by deed date July 27, 2005, and recorded as Mifflin County Record Book 544 at Page 425, being referred to as Mifflin County Tax Map Parcel No. 16, 09-0105IA—,000; and

All that certain parcel or tract of land situated in Derry Township, Mifflin County, Pennsylvania, described as follows, to wit: that premises sold and conveyed by Mifflin County Industrial Development Corporation to John C. Dillon and Sherry L. Dillon, husband and wife, by deed dated October 19, 2006, and recorded as Mifflin County Record Book 558 at Page 2468, being referred to as Mifflin County Tax Map Parcel 16, 09-0105G—,000.

The zone in which Mifflin County Tax Parcel No. 16, 16-1200—,000, is located is changed so that Mifflin County Tax Parcel No. 16, 16-1200—, 000, including the northern residue thereof, is completely within the Medium-Density Residential Zone (MDR), as more fully appears on Exhibit B,[1] attached hereto, incorporated herein by reference.

[Added 9-3-2019 by Ord. No. 2019-5]

[1]

Editor's Note: Exhibit B is on file in the Township offices.

§ 215-9 Zone boundary lines.

The zone boundary lines shall be as shown on the Zoning Map. Zone boundary lines are intended to coincide with lot lines, center lines of streets, alleys, railroad rights-of-way, and streams at time of passage of this chapter, the corporate boundary of the Township or as shown on the map. In the event of dispute about the location of the boundary of any zone, the Zoning Officer shall investigate and render a decision on the location of the line. Appeals from this decision shall be made to the Zoning Hearing Board.

§ 215-10 Community development objectives.

This chapter is enacted in accordance with the Derry Township Comprehensive Plan, and has been formulated to implement the purpose set forth in § 215-2 above. This chapter is enacted with regard to the community development objectives listed in Chapter II of the Derry Township Comprehensive Plan, Mifflin County, Pennsylvania (June 18, 1997).

§ 215-11 Definitions.

Word usage. Words and phrases shall be presumed to have their ordinary meaning, unless the word or phrase is defined differently within this section.

Language interpretation. In this chapter, when not inconsistent with the context:

Words in the present tense imply also the future tense.

The singular includes the plural.

The male gender includes the female gender.

The word "person" includes an individual, incorporator's association, partnership or corporation, as well as any similar entity.

The term "shall" or "must" is always mandatory.

Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter:

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm, or two single-family dwelling units utilizing a shared driveway.

ACT

The latest version of the Pennsylvania Municipalities Planning Code, as amended.[1]

ADULT-RELATED FACILITIES

A business or club which engages in one or more of the following areas of sales, services or entertainment:

ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania;

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed;

ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:

Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas; and

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas;

AUTOMOBILE, MOTORCYCLE, ATV, SNOWMOBILE, BOAT, MOTORIZED WATERCRAFT, TRAILER, RECREATIONAL VEHICLE, AND MOBILE HOME SALES AND RENTALS

ADULT MASSAGE ESTABLISHMENTAny 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, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service;

(6)

ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;

(7)

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art, or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania[2] for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma;

(8)

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;

(9)

ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;

(10)

ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas;

(11)

ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas;

(12)

ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs;

(13)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy;

(14)

ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons; and

(15)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGRICULTURE

The tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of livestock such as cattle, cows, hogs, horses, sheep, goats, poultry, rabbits, birds, fish, bees, and other similar animals. This definition also includes noncommercial greenhouses and mushroom houses.

AIRPORT

An area used for the landing and taking off of aircraft. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals, and storage hangars.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls. Any renovation to a building which would change its use, location and/or size.

AMUSEMENT ARCADE

A commercial establishment which provides, as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, Skee-Ball, electronic or water firing ranges and other similar devices).

ANIMAL HOSPITAL

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and may or may not include outdoor keeping of animals.

AQUACULTURE

The growing of sea animals or plants for commercial purposes.

Any building or land devoted to the retail sale of automobiles, motorcycles, ATVs, snowmobiles, boats, motorized watercraft, trailers, and mobile homes, including accessory service and repair facilities if conducted within a completely enclosed building.

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, engine rebuilding, body- and fender work, painting, vehicular sales, nor rental or automatic car washes. This use may include minor incidental repair of motor vehicles, such as the replacement of lights, wipers, signals, flat tires, batteries, or belts. This use may also include convenience stores.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD ELEVATION

The projected flood height of the base flood.

BASEMENT

Any area of a building having its floor below ground level on all sides.

BED-AND-BREAKFAST

An owner-occupied single-family detached dwelling where between one and six rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

BEEKEEPING

An accessory use to a farm in which bees are raised and/or kept in compliance with § 215-12B(7)(c) of this chapter.

BILLBOARD

A sign upon which advertising matter of any character is printed, posted, or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed.

BOARD

The Zoning Hearing Board of Derry Township.

BOARDINGHOUSE or PERSONAL CARE FACILITY

A detached building or portion thereof arranged or used for the housing or feeding, or both, of more than four and not more than 10 individuals that do not constitute a family. A personal care facility may additionally provide some level of nursing care.

BUILDING

Any structure with a roof intended for shelter or enclosure of persons, animals or property.

DETACHEDA building which has no party wall.

SEMIDETACHEDA building which has only one party wall in common.

CERTIFICATE OF USE AND OCCUPANCY

ATTACHEDA building which has two or more party walls in common.

BUILDING AREA

The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces, and steps.

BUILDING HEIGHT

A building's vertical measurement from the mean level of the ground abutting the building at its comers to the highest point of the roof.

BUILDING SETBACK LINE

The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and porches, whether enclosed or unenclosed, but does not include steps.

CABIN GROUPING

A grouping of small, seasonal dwellings intended for temporary occupancy on a rental basis. A cabin grouping may include a dining area where meals may be offered to registered overnight guests only.

CAMPGROUND

A lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.

CAMPSITE

A plot of ground within a campground intended for occupation by a recreational vehicle or tent

CARTWAY

That portion of a street or alley right-of-way that is intended for vehicular movement.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbaria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as funeral homes. All cemeteries shall be required to be licensed by the Pennsylvania Department of State.

A statement signed by a duly authorized Township officer setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CHANNEL

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

CHURCH AND RELATED USES

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, and church-related educational and/or day-care facilities.

COMMERCIAL RECREATION FACILITY

An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including, but not limited to, bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses or amusement arcades.

COMPREHENSIVE PLAN

The Derry Township Comprehensive Plan, Mifflin County, Pennsylvania, adopted June 18, 1997.

CONDITIONAL USE

A use which may be defined in one of two ways. Some conditional uses are generally compatible with a particular zone, often being accessory, or conversion-oriented. Where such uses are likely to be frequently occurring and only minor impacts are associated with them, there is no compelling reason for the services of a court recorder as is required for special exception uses. For this reason, and so as not to impose an undue hardship on this class of applicants, such uses will be reviewed as conditional uses. A second type of conditional use is a use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. These uses may involve significant off-site impacts, making governing body review desirable. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 215-133 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONSERVATION OR NATURAL AREA

An area owned or managed by a governmental, nonprofit or public utility organization, whether open to the public or not, for the purpose of protecting an identified significant natural resource or resources.

CONSERVATION PLAN

A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land. Such plan is required for any agricultural, horticultural or forestry-related uses, including timbering, which involve earthmoving activities, and must be approved by the Mifflin County Conservation District.

CONVENIENCE STORE

A retail sales business which specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use:

The rental of videotapes, provided that an adult bookstore is specifically prohibited;

The preparation and sales of delicatessen sandwiches and foods, provided that no patron seating is provided; and

(c)

The use of no more than two amusement devices (e.g., pinball machines, video games, and other similar devices).

Convenience stores shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained.

CONVERSION OFFICE

The adaptation of one single-family dwelling into an office or offices.

CONVERSION RETAIL

The adaptation of one single-family dwelling into a retail use.

DAY CARE

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition includes preschool facilities, but does not include the offering of overnight accommodations.

FAMILY DAY CAREAn accessory use to a single-family dwelling in which four to six individuals who are not related to the residents of the principal dwelling are cared for and supervised during any calendar day. Family day care must be registered by the Commonwealth of Pennsylvania.

GROUP DAY CAREAn accessory use to a detached single-family dwelling in which seven to 11 individuals who are not related to the residents of the principal dwelling are cared for and supervised during any calendar day. Group day care requires a license from the Commonwealth of Pennsylvania.

DAY-CARE CENTERA principal use in which more than 11 individuals are cared for and supervised during any calendar day. A day-care center requires a license from the Commonwealth of Pennsylvania.

DENSITY, NET

The number of dwelling units permitted in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way, private streets, and areas within the Floodplain Zone as described in § 215-24 of this chapter.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or, in the Floodplain Zone, the storage of equipment or materials.

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

Attributable to mental retardation, cerebral palsy, epilepsy or autism;

Attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons, or requires treatment and services similar to those required for such persons; and

Attributable to dyslexia resulting from a disability described in Subsections (1) and (2) of this definition.

DISABILITY

Incapacitation due to physical or mental handicap. For purposes of determining eligibility for ECHO housing, a letter from a physician may be required attesting to the disability and the need for care by another.

DOMESTIC PETS

The noncommercial keeping of no more than four adult nonfarm animals, that are locally available for purchase as pets, as an accessory use to a primary residential use.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm. Driveway is also defined to include a shared driveway utilized by two single-family dwelling units.

DRIVING RANGE

An outdoor area intended for use by the general public in driving golf balls.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those uses listed below, but not including hospitals, nursing homes, hotels, motels, boarding, rooming and lodging houses, resorts and retreats, institutional housing, cabins, and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly due to frost action. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water, electrical (if applicable) and other utility systems. The above requirements shall apply to all the following dwelling types:

SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family, and having two side yards, one front yard, and one rear yard; in the case of a comer lot, the building will have two front and one side and rear yards. Modular, or manufactured, homes are considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they comply with Subsection (5), as follows. Travel trailers, as defined herein, shall not be construed as dwellings;

DUPLEX(Two-family; single-family semidetached) — A freestanding building containing two dwelling units for two families, arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard;

MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units;

TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls;

MOBILE HOMEAny structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers and travel trailers. For the purposes of this chapter, all mobile homes, except those contained within mobile home parks (see "mobile home park"), shall be governed by all regulations applicable to single-family detached dwellings, and the following:

All apparatuses used to tow or transport the mobile home (including, but not limited to, the towing hitch) shall be removed; and

ECHO HOUSING (ELDER COTTAGE HOUSING OPPORTUNITY)

All mobile homes and additions thereto shall be installed either according to the manufacturer's specifications or consistent with the most recent Manufactured Home Installation Standards as specified in the National Conference of State Building Codes and Standards ANSI NCSBCS A225.1 publication.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.

An accessory use to the primary agricultural or residential use of the property in which an additional temporary dwelling unit is placed on a property for occupancy by up to two elderly, handicapped or disabled persons related by blood, marriage or adoption, who are first cousins or closer to the occupants of the principal dwelling.

FAMILY

An individual or individuals related by blood, marriage, or legal adoption (including persons receiving foster care) that maintain one common household and live within one dwelling unit. Additionally, up to four unrelated individuals who maintain a common household and live within one dwelling unit may be considered a family. Finally, a family shall also expressly include any number of unrelated persons who reside within a licensed group home, as defined herein.

FARM

Any parcel of land with a minimum of 10 acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use.

FARM OCCUPATION

An accessory use to the primary agricultural use of a property in which residents engage in a secondary occupation conducted on the active farm.

FARM-RELATED BUSINESS

A use intended to provide necessary farm-related goods and services to local agriculture, or to provide for the distribution or processing of locally grown agricultural products. A farm-related business may or may not be conducted on an active farm.

FENCE or WALL

A structure designed as a barrier to restrict the movement or view of persons, animals, property and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 the width and/or depth of the front yard.

FILL

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, or stock or brokerage office.

FLAT WALL SIGN

A sign erected, or displayed on, or parallel to the surface of a building.

FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display or merchandise.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses, or other body of surface water, or from the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD ELEVATION

The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas.

FLOOD OF RECORD

The flood which has reached the highest flood elevation above mean sea level at a particular location.

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes or adjustments to structures or contents which reduce or eliminate flood damage to property, structures and their contents.

FLOODWAY

The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the one-hundred-year-frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the one-hundred-year-frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the banks of the stream.

FLOOR AREA GROSS

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use.

FLOOR AREA HABITABLE

The sum of the floor areas of a dwelling unit, as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including unfinished basements or attics, nor service rooms or areas such as utility rooms, nor unheated areas, such as enclosed porches.

FREESTANDING SIGN

Any sign erected upon a permanently affixed independent structure (legs or base) so that such structure is the main support of the sign.

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, however, that one commercial vehicle of a capacity of not more than 3/4 ton may be stored therein where the use of such vehicle is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle be leased to a nonoccupant of the premises. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors, and provided adequate off-street parking is still available on the same lot as the dwelling unit.

GOLF COURSE

A golf course with a minimum of 2,800 yards of play in nine holes.

GROUP HOME

A dwelling operated by a responsible individual, family, or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental, or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Township prior to beginning the use. Group homes shall be subject to the same limitations and regulation by the Township as single-family detached dwellings.

HAZARDOUS MATERIALS

Materials which have the potential to damage health or impair safety. Hazardous materials include, but are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts, lead, nickel and mercury and their inorganic salts or metallo-organic derivatives; coal tar adds, such as phenols and cresols, and their salts; petroleum products; and radioactive material. Also included for purposes of the Floodplain Zone are floatable materials with the potential to cause physical damage, such as logs, storage tanks, and large containers.

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material including solid, liquid, semi-solid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration, or physical chemical, or infectious characteristics may:

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

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

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for storage or treatment for any time span other than the normal transportation time through the Township.

HEAVY INDUSTRIAL USES

Any industrial use that is characterized by any of the following:

A site exceeding two acres in size;

The outdoor storage of finished products and/or materials used in the production process; or

The use of hazardous materials or generation of hazardous waste on site.

HEIGHT, BUILDING

A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof.

HEIGHT, STRUCTURE

A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.

HELIPAD

An accessory use to a hospital or other medical facility where no more than one helicopter may land/take off and be stored.

HELIPORT

An area intended for the landing and taking off of helicopters. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals and storage hangars.

HISTORIC STRUCTURE

Any structure that is:

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

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 Interior; or

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

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

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

HOME OCCUPATION

A business or commercial activity that is conducted as an accessory use in a single-family detached dwelling unit, and which is characterized by any of the following:

Exterior evidence of the business, including signs;

Sales, personal service or display of goods from the home;

(c)

The occupation of the business or commercial activity over more than 15% of the habitable floor area;

(d)

Employment of a nonresident;

(e)

On-site storage of a commercial vehicle or vehicles; or

(f)

The delivery of materials and goods by trucks larger than standard panel trucks.

HOTEL, MOTEL and SIMILAR LODGING FACILITY

An in-home activity which does not display any of the above characteristics is permitted by right in every zone.

HOSPICE

A facility licensed in the Commonwealth of Pennsylvania which renders inpatient and outpatient care on a twenty-four-hour basis to terminally ill persons.

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hour basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

A facility which provides lodging to boarders for compensation, which contains seven or more rooms, and which may provide meals and other services as a part of the compensation.

HUNTING, FISHING, SKIING, OR BOATING LODGES

A private facility, including buildings and premises used for outdoor recreational purposes not conducted for profit and excluding any vending stands, merchandising or commercial activities. Such facility may offer overnight accommodations and meals to no more than 20 guests for periods not to exceed two weeks.

IMPERVIOUS SURFACE

Any material which covers the land which inhibits the percolation of stormwater directly onto the soil, including, but not limited to, buildings, pavement and stormwater facilities that discharge stormwater off the site.

INTENSIVE COMMERCIAL POULTRY AND/OR LIVESTOCK OPERATION

An agricultural use involving the commercial keeping and handling of poultry and/or livestock quantities of an average adult weight for horses, dairy cattle and layer chickens and/or an average market weight of all other livestock of more than 2,000 pounds per acre. This definition shall include commercial stockyards and feedlots.

INTERIOR DRIVE

Any on-site vehicular movement lane(s) that is associated with a use other than a single-family dwelling.

JUNKYARD

An area of land with or without buildings used for the storage, outside a completely enclosed building, of used and discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same.

KENNEL

Any lot on which three or more animals (except relating to a farm) are kept, boarded, raised, bred, treated, or trained for a fee, including, but not limited to, dog or cat kennels.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land shall be deemed to be a landowner for the purposes of this chapter.

LANDSCAPE SCREEN

A visual barrier composed of evergreen shrubs and trees, walls, fences and earth berms arranged to form both a low-level and a high-level screen between grade, and to a height of six feet.

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods, material or equipment and having direct usable access to a street or alley.

LOT

Any parcel or tract of land intended as a single use for purposes of ownership, transfer of ownership, use, rent, improvement or development. The word "lot" includes the word "plot," "parcel" or "tract." Contiguous nonconforming lots of record under common ownership as of the date of adoption of this chapter shall be considered one lot, unless there are enough nonconforming lots to constitute more than one conforming lot.

LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards, one side, and one rear yard.

LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage. A flag lot includes a narrow projection or "flagpole" to the public right-of-way, which serves as access to the parcel.

LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.

NONCOMMERCIAL KEEPING OF LIVESTOCK

LOT, THROUGH OR REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

LOT COVERAGE

A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking area, sidewalks).

LOT OF RECORD

A lot identified on a subdivision plan or in a deed or other instrument of conveyance recorded in the office of the Recorder of Deeds in and for Mifflin County, Pennsylvania.

LOT WIDTH

The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line.

MANUFACTURING

A function involving either the production or processing of materials, goods or products.

MANURE STORAGE FACILITY

An open or covered pit, detached structure or other improvement built to store manure for future use, or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.

MEDICAL OR DENTAL OFFICE

Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MINI WAREHOUSE

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.

MOBILE HOME

Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 215-86 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there-imposed. For the purposes of § 215-24 of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home, which is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK

A parcel or contiguous parcels of land which have been so designated and improved to contain two or more mobile home lots for the placement thereon of mobile homes.

MODEL HOME

Residences which are used for demonstration purposes and which are open to the public for viewing during specified hours. Such model homes shall be limited to three per structural type and shall be subject to all density, lot size, setback, and other requirements of the zone.

MUNICIPAL WASTE

Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid, or contained gaseous material resulting from operations of residential, municipal, commercial, or institutional establishments and from community activities, and sludge not meeting the definition of residual or hazardous waste, from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.

The keeping of livestock as an accessory use to a principal detached nonfarm dwelling.

NONCONFORMING LOT

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 zone in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in 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 of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted where such use was lawfully in existence 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.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

NURSING OR REST HOMES

Facilities designed for the housing, boarding and dining, and nursing care of 10 or more individuals.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, 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 which is placed where the flow of the water might carry the same downstream to the damage of life and property.

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products; or the sale or delivery of any materials, goods, or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.

ONE-HUNDRED-YEAR-FLOOD BOUNDARY

The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a 1% chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Soil Conservation Service, the United States Geological Survey, the Susquehanna River Basin Commission, or a licensed surveyor or professional engineer registered by the Commonwealth of Pennsylvania is necessary to define this boundary.

ONE-HUNDRED-YEAR-FLOOD ELEVATION

The water surface elevations of the one-hundred-year flood.

ON-LOT SEWER SERVICE

The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.

ON-LOT WATER SERVICE

The provision of a safe, adequate, and healthful supply of water to a single principal use from a private well.

OPEN SPACE

A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.

PA DEP

Pennsylvania Department of Environmental Protection.

PennDOT

Pennsylvania Department of Transportation.

PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided subject to the requirements listed in § 215-38 of this chapter.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKS AND PLAYGROUNDS, PUBLIC AND/OR NONPROFIT

Those facilities designed and used for recreation purposes by the general public that are:

Owned and operated by a government or governmental agency/authority; or

Operated on a nonprofit basis.

This definition is meant to include the widest range of outdoor recreational activities, excluding adult entertainment uses, amusement arcades, and amusement and theme parks.

PERSON

An individual, corporation, partnership, incorporator's association, or any other similar entity.

PLANNED CENTER

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs" as regulated herein.

PLANNING COMMISSION

The Planning Commission of Derry Township.

PREMISES

The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership;

Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity; and

PRINCIPAL WASTE HANDLING FACILITY

Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.

A principal use whereby waste is brought to the site for storage, processing, treatment, transfer, or disposal.

PRIVATE CLUB

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational and administrative purposes which are not conducted for profit, and where there are not conducted any vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs. Private clubs shall not include "adult-related facilities," as defined herein.

PUBLIC

Owned, operated or controlled by a governmental agency (federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Mifflin County School District).

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action on zoning-related matters.

PUBLIC MEETING

A meeting held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," as it may be amended from time to time.[3]

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 hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, conditional use and/or variance requests shall also include the posting of a sign or signs at conspicuous locations along the perimeter of the subject property, as deemed appropriate by the body holding the hearing. The sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time and location of the hearing. In the event that the definition and requirements for "public hearings" are changed by amendments to the Act,[4] those amendments shall be incorporated into this definition.

PUBLIC SEWER

A municipal sanitary sewer or comparable conversion or package facility approved and permitted by the PA DEP and capable of serving multiple uses.

PUBLIC USES

Includes public and semi-public uses of a welfare and service nature, such as fire stations, libraries, municipal buildings and garages, etc., but excluding schools, churches and health care uses.

PUBLIC UTILITIES STRUCTURES

Lines, pipes and other structures intended to convey and transport gas, oil, sewage, water, telephone, electricity, and other similar utilities, and which are in possession of a certificate of public convenience from the Pennsylvania Public Utilities Commission.

PUBLIC WATER

A municipal water supply system or a comparable conversion water facility approved and permitted by the PA DEP and capable of serving multiple users.

QUARRY

An area used for the excavation, mining and/or processing of mineral or aggregate resources, but excluding the extraction of such resources by a landowner for his or her own noncommercial use on land owned or leased by him or her; PennDot borrow pits; the handling, processing or storage of slag on the premises of a manufacturer as a part of the manufacturing process; dredging operations carried out in rivers and streams of the commonwealth; and the extraction, handling, processing and storage of any building or excavation materials where such materials are incidental to the building or excavation. (NOTE: The above activities exempted from the definition of quarry may be subject to other requirements of PennDot and the PA DEP.)

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RECREATIONAL VEHICLE

See "travel trailer."

RECYCLING COLLECTION FACILITY

An accessory use whereby recyclables are dropped off by the public for collection by a waste hauler and/or processor.

RECYCLING STATION

A principal use whereby collected recyclables are separated, processed, cut, shredded, cleaned, ground, crushed, bundled, and/or packaged for reuse.

RESIDUAL WASTE

Garbage, refuse, other discarded material, or other waste, including solid, liquid, semi-solid or contained gaseous materials resulting from industrial, mining and agricultural operations, and sludge from a water supply treatment facility, wastewater treatment facility or air pollution control facility for the same, if it is not hazardous.

RESORT OR RETREAT FACILITY

A facility which provides lodging, meals, conference facilities, outdoor recreational facilities, and other related services to guests on a daily or weekly basis, excluding any vending stands, merchandising or commercial activities not part of the resort or retreat facility. Such facility may accommodate no more than 100 guests.

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.

RESTAURANT, DRIVE-THROUGH OR FAST-FOOD

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off the site.

RETAIL

The display and sale of goods and products to the general public. This term shall not include adult-related facilities, as defined herein.

RETIREMENT VILLAGE

A compact grouping of residences made available to individuals of at least 50 years of age or those with disabilities.

RIDING SCHOOL and/or HORSE BOARDING STABLE

A principal use whereby equestrian instruction is offered and/or horses are kept, bred, trained and/or exercised. Such use may also involve the rental of horses for riding purposes to the general public.

RIGHT-OF-WAY

A corridor of publicly owned or eased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including, but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")

ROOF SIGN

A sign erected or displayed upon the roof of any building or structure.

RURAL OCCUPATION

A business or commercial activity that is conducted as an accessory use to a principal single-family detached dwelling unit, within a completely enclosed outbuilding.

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVROs," and "satellite microwave antennas."

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

COMMERCIAL SCHOOLA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the School District;

PRIVATE SCHOOLA school that offers elementary, secondary, post-secondary and/or postgraduate education that may, or may not, be operated as a gainful business;

PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, and adult education, and operated by the School District;

VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

Truck driving;

Engineer repairs;

(c)

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

(h)

Other similar trades, as determined by the Zoning Hearing Board pursuant to §§ 215-6 and 215-124E of this chapter.

SEASONAL DWELLING

A dwelling, cabin, lodge or summer house no larger than 900 square feet per floor which is intended for occupancy fewer than 182 days of the year.

SETBACK

The required horizontal distance between a setback line and a property or street right-of-way line.

SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

SPECIFIED ANATOMICAL AREAS

SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SHARED DRIVEWAY

A common driveway that serves two single-family detached dwellings.

SHOOTING RANGE

A place where members of the public, for a fee or by invitation, can discharge firearms for recreation, competition, skill development, and training. For the purpose of this chapter, a firearm shall include any instrument that uses a propelling charge to move a projectile (e.g., rifle, gun, shotgun, pistol, air gun, or archery). "Shooting range" does not include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

SHOPPING CENTER

A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit

SIGN

A device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure, or flags or other insignia of any government, fraternal, or similar organization.

SOIL SURVEY

The latest published version of the United States Department of Agriculture's Soil Survey for Mifflin County, Pennsylvania.

SPECIAL EXCEPTION

A use that can be compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 215-124C of this chapter.

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae, and/or human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

STREET LINE (RIGHT-OF-WAY LINE)

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain;

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being;

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

STORY

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STRUCTURE

Any man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).

STRUCTURE, PRINCIPALA structure associated with a primary use.

Structures shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes, and any other similar nonpermanent improvements.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure. 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

TEMPORARY FARMWORKER HOUSING

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SWIMMING POOL

Any pool, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

TAVERN

An establishment which serves primarily alcoholic beverages, but which may also serve food, for mostly on-premises consumption, and which is licensed by the Pennsylvania Liquor Control Board.

An accessory additional temporary dwelling unit placed on a property for occupancy by a person (and family) engaged in farm work on the subject property.

TOWNSHIP

Derry Township.

TRAVEL TRAILER

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a travel trailer:

The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled, or when hauled by a standard motor vehicle on a highway;

The unit is mounted or designed to be mounted on wheels;

The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck;

The unit contains, or was designed to contain, temporary storage of water and sewage; and

The unit contains some identification by the manufacturer as a travel trailer.

TWO-FAMILY CONVERSION

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

WIND ENERGY CONVERSION SYSTEM (WECS)

USE, PRINCIPALThe main or primary use of property or structures.

USE AND OCCUPANCY PERMIT

A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the building permit and this chapter.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.[5]

WALL-PROJECTING SIGN

Any sign mounted upon a building so that its principal face is not parallel to the building wall.

WAREHOUSE

A building used for the storage of goods, products and materials that is not open to the public.

WASTE

Garbage, refuse and other discarded materials, including, but not limited to, solid, semi-solid, contained gaseous and liquid materials resulting from municipal, industrial, institutional, commercial, agricultural, residential, and other activities. Such wastes shall also include biological excrement and hazardous waste materials, as defined in 40 CFR 261 (1984), or as amended. Waste shall expressly include those materials defined, at any given time, as "waste" by the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency. For the purposes of this chapter, the difference between "waste" and "junk" or "recyclables" is that waste shall include materials that have entered a reasonably continuous process by which their ultimate disposal is imminent; whereas junk includes materials that may be stored for longer periods of time awaiting potential reuse or ultimate disposal; and where recyclables include materials that have entered a reasonably continuous process whereby their reuse is imminent.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land from which water drains into a particular watercourse.

WHOLESALE

The sale of goods and products to retailers and not to the general public.

Any device which converts wind energy to mechanical or electrical energy, consisting of an assemblage of blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, which is designed to harness the kinetic energy of wind.

WINDOW

An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

YARD

An area between the permitted structures and the property lines.

YARD, FRONTThe area contained between the street right-of-way line and the principal structure.

YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be all areas between the building and every lot line.