This chapter shall be known as the "Spring Garden Township Zoning
Ordinance."
A.
Purpose of chapter. The regulations in this chapter have been promulgated
in accordance with the requirements of the Pennsylvania Municipalities
Planning Code (Act 247), as amended,[1] and with the purpose of promoting, protecting, and facilitating:
(1)
Coordinated and practical community development.
(2)
Proper density of population.
(3)
Adequate water and sewerage.
(4)
Adequate police protection, schools, parks and other public requirements.
(5)
Adequate light and air.
(6)
Adequate transportation, parking and loading space.
(7)
The public health, safety and general welfare.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Community development objectives. This chapter is enacted as part
of the overall plan for the orderly growth and development of Spring
Garden Township. As such, this chapter is based upon the expressed
or implied community development objectives as contained in the Spring
Garden Township Comprehensive Plan.
A.
Word usage. Words and phrases shall be used in their ordinary context
unless such word or phrase is defined or interpreted differently within
this section.
B.
Language interpretation. In this chapter, when not inconsistent within
the context:
(1)
Words used in the present tense imply also the future tense.
(2)
Words used in the singular imply the plural.
(3)
The male gender includes the female gender.
(4)
The word "person" includes a partnership, corporation or other legal
entity as well as an individual.
(5)
The term "shall" or "must" is always mandatory.
C.
ACCESS DRIVE
ADULT ENTERTAINMENT FACILITIES
(1)
(2)
(3)
(4)
AGRICULTURE
(1)
(2)
ALLEY
ALTERATIONS
ALTERATIONS, STRUCTURAL
ANIMAL HOSPITAL
APARTMENT
(1)
AUTOMOBILE SERVICE STATION
BASEMENT
BED-AND-BREAKFAST
BILLBOARD
BOARD
BRING YOUR OWN BOTTLE CLUB (B.Y.O.B.)
BUFFER
BUILDING
BUILDING AREA
BUILDING HEIGHT
CAMPER UNIT
CAMPGROUND
CAMPSITE
CAMPUS
CARTWAY
CEMETERY
CHILD DAY-CARE FACILITIES
(1)
(2)
(3)
CLUB
COLLEGE or UNIVERSITY
COMMERCIAL RECREATION FACILITY
(1)
(2)
COMMERCIAL SCHOOL
COMMUNICATIONS FACILITY
(1)
(2)
(3)
(4)
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO) or CONCENTRATED
ANIMAL OPERATION (CAO)
CONDOMINIUM
CONVENIENCE STORE
DAY-CARE FACILITIES, CHILD
DECISION
DECK
DETERMINATION
DISTANCE BETWEEN BUILDINGS
DORMITORY
DRIVEWAY
DWELLING
(1)
(a)
(b)
(c)
(2)
(3)
DWELLING UNIT
EASEMENT
FAMILY
(1)
(2)
(3)
(4)
FARM
FENCE
FINANCIAL INSTITUTION
FLOOD
FLOOD-FRINGE
FLOODPLAIN
FLOODWAY
FLOOR AREA, HABITABLE
GROUP HOME
GROUP QUARTERS
HI-TECH PRECISION ASSEMBLY
HOME OCCUPATION
HOSPITAL
HOTEL
HOUSE OF WORSHIP
IMPERVIOUS SURFACE
INDUSTRIAL PARK
(1)
(2)
JUNKYARD
KENNEL
LANDOWNER
LIFE-CARE RETIREMENT FACILITY
LIVESTOCK
LOADING SPACE
LOT
LOT AREA
LOT COVERAGE
LOT WIDTH
MASSAGE PARLOR
MASSAGE THERAPIST
(1)
(2)
MEDICAL CLINIC
MINI STORAGE/SELF-STORAGE FACILITY
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MULTIFAMILY OR TWO-FAMILY CONVERSION
MUNICIPAL BUILDING
NIGHTCLUB
NO-IMPACT HOME-BASED BUSINESS
NONCONFORMITY
(1)
(2)
(3)
(4)
NURSING HOME
ONE-HUNDRED-YEAR FLOOD
OWNER
PARKING GARAGE
PARKING LOT
PARKING SPACE
PATIO
PERSONAL SERVICE BUSINESS
PETS
PROCESSING
PROFESSIONAL OFFICE
PROFESSIONAL OFFICE FLEX SPACE
PUBLIC
PUBLIC BUILDING
PUBLIC GROUNDS
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
PUBLIC SEWER
PUBLIC UTILITY
PUBLIC UTILITY BUILDING
PUBLIC WATER
RECREATIONAL VEHICLE
RECYCLING CENTER
REPORT
RESTAURANT
RESTAURANT, FAST-FOOD
RESTAURANT, SIT-DOWN
RETAINING WALL
RIGHT-OF-WAY
RIPARIAN BUFFER
ROOMING HOUSE
SANITARY LANDFILL
SCHOOL
SCHOOL, ELEMENTARY
SCHOOL, HIGH
SCHOOL, MIDDLE
SCHOOL, SECONDARY
SCHOOL, VOCATIONAL
SCREEN PLANTING
SETBACK
(1)
(2)
(3)
SETBACK LINE
SHOPPING CENTER or MALL
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SOLAR COLLECTOR
SPECIAL EXCEPTION
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STEEP SLOPE
STORY
STORY, HALF
STREET
STREET GRADE
STREET LINE
STRUCTURE
SWIMMING POOL
TAVERN
TOWNHOUSE
USE
(1)
(2)
UTILITY SHED
VARIANCE
VEHICLE SALES, SERVICE OR REPAIRS ESTABLISHMENT
WAREHOUSING/HEAVY STORAGE SERVICE
WETLANDS
WHOLESALE
WHOLESALE ESTABLISHMENT
WIND ENERGY SYSTEM, SMALL
YARD
(1)
(2)
(3)
ZONING DISTRICT
ZONING HEARING BOARD
ZONING MAP
ZONING OFFICER
ZONING ORDINANCE
ZONING PERMIT
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:
A privately owned, constructed and maintained vehicular access
from a public or private street to a parking area, loading area, drive-in
service window or other facility within a land development.
Those establishments open to the general public excepting
minors under the age of 18, which is not limited to but includes adult
bookstores, adult theaters, cabarets, adult massage parlors or studios
and any other facility whose principal purpose is to provide adult
entertainment.
ADULT BOOKSTOREAn establishment open to the general public, excepting minors under the age of 18 years, in which 20% or more of the occupied sales or display area offers for sale, rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, sculptures, motion-picture films or similar visual representations of sexual conduct or sexual excitement, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts of sexual conduct or sexual excitement, or offers for sale devices, equipment, stimulants or other materials for use in sexual conduct or sexual excitement.
ADULT MASSAGE PARLOR OR STUDIOAn establishment open to the general public, excepting minors under age of 18, in which any person or association engages in, carries on, or permits to be engaged in or carried on the practice of sexually oriented massage. Excluded from this definition of an "adult massage parlor/studio" is the practice of massage by licensed hospitals, licensed nursing homes, licensed physicians, and the offices and quarters of licensed health profession practitioners.
ADULT THEATERAn establishment open to the general public, excepting minors under the age of 18 years, in which there is offered for view motion-picture films, commonly referred to as "X-rated movies," or the equivalent thereof, or similar visual representation of sexual conduct or excitement.
CABARETAn establishment, club, restaurant, theater or hall which presents topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas, but not engaged in specified sexual activities, for observation by patrons therein.
The cultivation of the soil, the raising of crops, forestry,
horticulture and gardening, including, but not limited to, the keeping
or raising of livestock, such as cattle, cows, hogs, horses, sheep,
goats, poultry, rabbits, birds, fish, bees and other similar animals,
and concentrated animal operations (CAOs) and concentrated animal
feeding operations (CAFOs).
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An animal feeding operation that is required to obtain NPDES permits in accordance with the Clean Water Act.[1]
CONCENTRATED ANIMAL OPERATION (CAO)An animal feeding operation that is required to develop a nutrient management plan in accordance with the Pennsylvania Nutrient Management Act.[2]
A minor public right-of-way which is used primarily for vehicle
access to the back or side of properties which otherwise abut a street.
A secondary access route not intended in general for traffic circulation.
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 moving from one location or
position to another.
Any change in the members of a building or structure, such
as bearing walls, columns, beams or girders.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits and birds or
fowl.
An independent, self-contained dwelling unit consisting of
one or more rooms with private bath and kitchen facilities in a building
containing multiple-dwelling units.
BACHELOR, EFFICIENCY, STUDIO APARTMENTA dwelling unit consisting of not more than one habitable room including kitchen and sanitary facilities.
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories and parts are supplied and dispensed
at retail and/or where minor automobile repairs and services are conducted
and permitted.
A story within a building having part but not more than 1/2
of its height below the average level of the ground abutting the building.
An owner-occupied single-family residence offering lodging
not to exceed 10 days, for compensation, to the traveling or vacationing
public.
[Added 2-14-2018 by Ord.
No. 2018-01]
A sign that is either attached to a building or freestanding,
upon which images and/or messages are placed. The images and/or messages
advertise businesses, products, services or other messages that are
not related to the property upon which the sign is placed. This definition
shall include "digital billboard" (a sign or sign structure that utilizes
an electronic means to display a series of messages that are changed
by electronic means).
[Added 12-14-2016 by Ord.
No. 2016-02]
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
Any business facility not licensed by the Pennsylvania Liquor
Control Board wherein persons may, after payment of entry fee, cover
charge, membership fee, set-up fee or similar payment in kind, consume
alcoholic beverages which said patrons have carried onto the premises.
This definition does not include facilities rented for a period of
time, not to exceed 12 hours, for the purpose of a private party.
An area within a property or site and generally adjacent
to and parallel with the property line, either consisting of natural
existing vegetation or created by the use of trees, shrubs, fences
and/or berms, that is designed to limit the view, sound and/or light
from the site to adjacent sites or properties.
Any structure or edifice designed or intended for use as
an enclosure, a shelter or for protection of persons, animals or property.
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.[3]
The vertical dimensions measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of the roof at the top story in the case of a flat roof, to
the deck line of a mansard roof and to the average height between
the plate and ridge of a gable, hip or gambrel roof. The grade shall
not be altered for the purpose of increasing the elevation of an object.
[Amended 12-14-2016 by Ord. No. 2016-02]
A tent or camping vehicle which can be temporarily located
on a campsite for transient dwelling purposes.
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 camper units.
A plot of ground within a campground intended for occupation
by a camper unit.
A contiguous area of land constituting and making up the
grounds of a college, university, hospital, or public/private school,
containing buildings and related uses. For the purpose of this definition,
the contiguity of any land area for such uses shall not be deemed
destroyed by the presence of public rights-of-way.
The paved area of a street. Sometimes referred to as "roadway."
A parcel of land used for purposes of interring, safeguarding
and memorializing the remains of deceased persons.
Shall meet all applicable requirements of the State Department
of Public Welfare. The following types of child-care facilities are
regulated by the Pennsylvania Department of Public Welfare:
CHILD-CARE CENTERA child-care facility in which seven or more children who are not related to the operator receive child care. A child-care center must have a certificate of compliance ("license") from the Department of Public Welfare (DPW) in order to legally operate. (55 Pa. Code, Chapter 3270)
GROUP CHILD-CARE HOMEA child-care facility in which seven though 12 children of various ages or in which seven though 15 children from 4th grade through 15 years of age who are not related to the operator receive child care. A group child-care home must have a certificate of compliance ("license") from the Department of Public Welfare (DPW) in order to legally operate. (55 Pa. Code, Chapter 3280)
FAMILY CHILD-CARE HOMEA child-care facility located in a home in which four, five or six children who are not related to the caregiver receive child care. A family child-care home must have a certificate of registration from DPW in order to legally operate. (55 Pa. Code, Chapter 3290)
An organization catering exclusively to members and their
guests; including premises and/or buildings for social, recreational
and administrative purposes which are not conducted for profit, provided
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, and social and athletic clubs. A club shall not include
a B.Y.O.B. (bring your own bottle) club.
An institution of higher learning that grants degrees in
liberal arts or science or both.
An activity operated as gainful business, open to the public,
for the purpose of public recreation or entertainment, including,
but not limited to, bowling alleys, pinball/video game arcades, motion-picture
theaters, health or exercise facilities, miniature golf courses, but
not including adult entertainment facilities, clubs or campgrounds.
INDOOR COMMERCIAL RECREATION FACILITIESTotally enclosed within a building that has solid walls on all sides and a solid roof.
OUTDOOR COMMERCIAL RECREATION FACILITIESThose that are not conducted indoors as described in the immediately preceding subsection.
A school not run as a home occupation conducted for profit,
including, but not limited to, such special instruction as business,
art, music, trades, handicraft or dancing.
Wired telephone or telegraph exchange, radio or television
cable broadcasting, cellular telephone, wireless Internet, and similar
facilities and wireless communications antennas attached to structures
permitted by right in the district, with the top of the antennas a
maximum of 10 feet above the structure. A building designed for human
residence shall not be included in this definition.
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.
HEIGHT OF A COMMUNICATIONS TOWERThe vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
See "agriculture."
A type of multifamily dwelling which has individual ownership
of the single units and an undivided (common) interest ownership of
the common areas and facilities serving the building, such as halls,
elevators, lobbies, driveways, parking lots and recreation areas.
Any retail establishment selling a limited variety of prepackaged
food and nonfood products, including ready-to-eat and heat-and-serve
foods and beverages for on- or off-premises consumption, and typically
with extended hours. Convenience stores may also sell automotive fuel,
including gasoline and diesel fuel, compressed natural gas (CNG),
electric vehicle charging (EVC), and other automotive products in
addition to groceries and other food products.
[Amended 12-14-2016 by Ord. No. 2016-02]
A facility in which a wide range of formal care is provided
by qualified staff for remuneration to seven or more children under
the age of 16 years, if such children are not related to the provider
by blood, marriage or adoption or are not placed in the home as foster
children pursuant to direction by an authorized licensed foster child
agency or who are not placed in the home by court order. This definition
does not include the offering of overnight accommodations.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Township
lies.
A flat-floored roofless area adjoining a house.
The required distance between facings or building walls measured
at the narrowest point.
A building, structure or portion thereof containing living
quarters for students, staff or members of a college, university,
boarding school, theological school, hospital, religious order or
comparable organization and which is either owned or managed by said
organization. (See also "group quarters.")
A minor vehicular travel way providing access between a street
and a parking area or garage within a lot or property.
A building or structure designed for living quarters for
one or more families, including mobile homes, but not including rooming
houses, convalescent homes, motels, hotels and tourist homes or other
accommodations used for transient occupancy.
SINGLE-FAMILYA building designed and occupied exclusively as a residence for one family.
SINGLE-FAMILY ATTACHED DWELLINGA group of attached buildings, each designed and occupied exclusively as a residence for one family. Each dwelling unit is separated by common or "party" walls and has at least one separate entrance. Each internal dwelling unit has no side yards and each end unit has one side yard. For purposes of this definition, row house and townhouse are considered single-family attached dwellings.
SINGLE-FAMILY DETACHED DWELLINGA detached building, arranged, designed and occupied exclusively as a residence by one family. The term "single-family detached dwelling" shall include a factory-built modular home placed on a permanent perimeter foundation.
SINGLE-FAMILY SEMIDETACHED DWELLINGA residential building designed as a single-family dwelling attached on one side to another single-family dwelling. The two dwellings are located on separate lots, but connected by a common or "party" wall, and the separate lots may also be referred to as "zero lot line lots." The semidetached dwelling is a type of twin-home.
TWO-FAMILYA building designed and occupied exclusively as a residence for two families.
MULTIFAMILYA building designed and occupied as a residence for three or more families.
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes and having cooking
facilities.
A limited right of use granted in private land for public
or quasi-public purpose.
One or more persons related by blood, marriage or adoption,
including foster children, living together as a single housekeeping
unit and sharing all of the facilities of that unit in common.
Not more than three unrelated persons living together as a single
housekeeping unit and sharing all of the common facilities of that
unit. Also included are any persons related to either or both of them
by blood or adoption, including foster children or marriage.
A family may also include domestic servants and gratuitous guests,
but not occupants of a club, fraternal lodging or rooming house.
Any number of unrelated persons who reside within a group home,
as defined in this section.
Any parcel of land 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.
Any structure constructed of wood, PVC, metal, chain link
or masonry erected for the purpose of screening one property from
another either to assure privacy or protect the property screened.
A bank, savings and loan association, credit union, finance
or loan company or similar establishment.
A temporary inundation of normally dry land areas.
That portion of the floodplain outside the floodway.
The area of a floodplain, including the channel of the watercourse
and adjacent land area, required to carry and discharge floodwaters
of a given magnitude. For the purposes of this chapter, the floodway
shall be capable of accommodating a flood of the one-hundred-year
magnitude.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living rooms, dining rooms, kitchens, bedrooms,
bathrooms, closets, hallways, stairways, but not including cellars
or attics or service rooms or areas such as utility rooms, nor unheated
areas such as enclosed porches.
A single-family dwelling operated by a reasonably 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 disability. 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 by 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 considered as single-family dwellings and subject to the same requirements as single-family dwellings, plus the requirements found in § 310-25, "Group homes."
Any dwelling or portion thereof which is designed or used
for three or more persons unrelated to each other or to any family
occupying the dwelling unit and having common eating facilities. Group
quarters shall include, but not be limited to, lodging houses or boardinghouses,
fraternity and sorority houses and other quarters of an institutional
nature. Such quarters must be associated with a parent religious,
educational, charitable or philanthropic institution. (See also "dormitory"
and "rooming house.")
Manufacturing and assembly of hi-tech industrial equipment,
devices and printed circuit boards requiring precision tooling and
calibration, including accessory warehousing and storage of parts
and assembled product, which can be generally performed on tabletops
or semiautomated platforms without the use of heavy lifts or heavy
assembly devices, and which has minimum potential impact on surrounding
property and which is not obnoxious by reason of creation of noise,
odor, glare, dust, or excessive vibration.
[Added 3-8-2023 by Ord. No. 2023-05]
A special type of an occupation or profession which:
A place for the diagnosis, treatment and inpatient care for
humans.
A building or structure used for providing rooms or space
for overnight living accommodations or meetings and may include an
eating place or nightclub or internal commercial use to provide sales
of goods or services to patrons.
A building or group of buildings that includes areas designed,
intended or used for public assembly for religious purposes. Accessory
uses may include rectories, convents, church-related schools and day-care
facilities, cemeteries, or any combination thereof.
A surface that prevents the percolation of water into the
ground. For the purpose of this chapter, all those areas, including,
but not limited to, parking areas, driveways, roads, sidewalks, patios
and any similar areas of stone, gravel, concrete, brick or asphalt
shall be considered impervious surfaces. All buildings, principal
and accessory, and some structures such as swimming pools that are
not paved areas will be considered as impervious surfaces for computation
of building permit fees.
[Amended 11-13-2019 by Ord. No. 2019-5]
An industrial area:
Organized and laid out in accordance with an overall plan for
a community of industries including the servicing of these industries.
Designed to ensure compatibility between the industrial operations
in the park and the surrounding area through such devices as landscaping,
architectural control, setbacks and use requirements.
Any establishment or place where a person stores or accumulates
wrecked, abandoned or junked motor vehicles, machinery or equipment,
scrap metal or materials for the purpose of salvaging parts therefrom
for use or resale or the destruction of the same for resale as scrap.
Any tract of land used for such purposes, regardless of ownership,
shall be considered a separate junkyard.
Any building or buildings and/or land used for the raising,
boarding, breeding or training of dogs, cats or other small animals
such as rabbits, hamsters or guinea pigs at least four months of age
and for purposes of profit, show, hunting or as pets, as defined herein.
A kennel does not include any building or buildings and/or land used
for the raising of livestock, including but not limited to horses,
cows, pigs, fowl or other animals raised for agricultural purposes.
The legal or beneficial owner or owners 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
to exercise the rights of the landowner, or other person having a
proprietary interest in land.
A planned residential community for persons of retirement
age, which include residential dwelling units with communal dining,
recreation areas, open space, parking and related facilities. This
definition includes retirement homes, assisted or independent living
facilities and similar uses.
Generally accepted outdoor farm animals, including, but not
necessarily limited to, the following: horses, ponies, donkeys, mules,
cattle, sheep, goats or swine, but also includes poultry. For purposes
of this chapter, "livestock" shall not be considered domestic pets.
An off-street space suitable for loading or unloading of
goods and having direct access to a street or alley.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The region contained within the property lines of an individual
lot, excluding any region within a street right-of-way, but including
the area of any easement.
That portion of a lot covered by impervious surfaces, such
as, but not limited to, buildings, parking areas, driveways, etc.
The required distance between the side property lines measured
along the street right-of-way line.
A commercial establishment in which the principal use consists
of massage and/or bodywork conducted by persons other than massage
therapists
A person holding a valid massage license issued by the Commonwealth
of Pennsylvania or, absent such licensing procedure, satisfying either
of the following criteria:
Has graduated from a school licensed by the Commonwealth of
Pennsylvania or by another state of the United States which requires
at least 500 hours of education in massage and/or bodywork techniques,
anatomy and physiology, and who is a member of a nationally recognized
professional organization for massage and/or bodywork therapists that
adheres to a code of ethics; or
Holds current and valid certification from the National Certification
Board of Therapeutic Massage and Bodywork (NCBTMB).
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an outpatient basis. This includes but is not limited
to an office or offices of physicians and dentists as well as urgent
care facilities.
[Amended 11-13-2019 by Ord. No. 2019-5]
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 non-storage
activities shall be permitted.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereof of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A multifamily or two-family dwelling constructed by converting
an existing building into apartments for more than one family without
substantially altering the exterior of the building.
A building owned, used or managed by Spring Garden Township
or an agency of the Township.
An establishment which is a place of amusement, similar to
such uses as a tavern or restaurant in the serving of flood or drink,
but distinguished from such uses by the provision of live entertainment
or the use of disc jockeys and dancing facilities. Nightclubs include,
but are not limited to, establishments regulated by the Pennsylvania
Liquor Control Board and non-alcohol-serving establishments. This
definition does not include B.Y.O.B. clubs.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the requirements as outlined in § 310-12E.
A use, structure, lot or dimension in conflict with the regulations
of this chapter: existing on the effective date of this chapter; or
existing at any subsequent amendment of this chapter; or created by
variance. Specifically, the following types of nonconformities are
distinguished:
NONCONFORMING LOTA 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 reason of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions in this chapter or any 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 USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or any amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment or to the application of this chapter or amendment to its location by reason of annexation.
DIMENSIONAL NONCONFORMITYA lot or structure which is nonconforming because it is not in compliance with the extent-of-use or dimensional regulations of this chapter.
An establishment containing sleeping rooms used by persons
who are lodged and furnished with meals and are provided with needed
support services, including the availability of basic nursing care.
Such a facility may or may not include skilled nursing or medical
care, but shall not include surgery or other treatments which are
customarily provided in hospitals. This definition shall be limited
to facilities licensed by the Commonwealth of Pennsylvania as a nursing
center or personal care center.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).[4]
The owner of record of a lot or parcel of land.
A building where passenger vehicles may be stored for short-term,
daily or off-street parking.
An open lot where passenger vehicles may be stored for short-term,
daily or overnight off-street parking.
An off-street space available for parking of one motor vehicle
and having usable access to a street or alley.
An outdoor space for dining or recreation that adjoins a
residence and is often paved.[5]
A business such as a barbershop, beauty parlor, laundry and
dry cleaning pickup station, self-service laundromat, shoe repair,
tailor's shop, photographer's studio, travel agency and ticket agency
or similar enterprise providing personalized service to customers.
No more than three dogs, cats or other small animals such
as rabbits, hamsters or guinea pigs at least four months of age, which
are not kept for agricultural purposes and which are typically kept
for some duration within a residential unit.
A function that involves only the cleaning, sorting, sizing,
packaging, or any combination thereof, of products.
Any office building or group of office buildings, occupied
by a single tenant or entity offering professional services, which
generally operates on an appointment basis and with relatively low
pedestrian or vehicular traffic. This includes, but is not limited
to, an office of accountants, actuaries, architects, attorneys, designers,
engineers, insurance agents, real estate agents, or other similar
services.
[Amended 11-13-2019 by Ord. No. 2019-5]
Any office building or group of office buildings composed
of multiple professional offices sharing common areas including but
not limited to lobbies, restrooms, conference rooms, and/or breakrooms.
Although the building or group of buildings may contain multiple tenants,
each professional office space is limited to a single tenant or entity.
[Added 11-13-2019 by Ord.
No. 2019-5]
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 board of education).
Any building owned, operated or controlled and used by any
federal, state or local governmental entity or an agency thereof and
shall further include any building occupied or used by person(s) or
organizations which provide public services, such as fire protection
and ambulance services, to the community.
Includes:
A formal meeting held pursuant to public notice by the Board
of Commissioners or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271
et seq.[6]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A municipal sanitary sewer system or an off-site comparable
common wastewater treatment facility approved and permitted by the
Pennsylvania Department of Environmental Protection.
Any business activity regulated by a government agency in
which the business is required by law to:
Any building owned or otherwise controlled by a utility,
which utility is governed by the Pennsylvania Public Utility Commission.
A municipal water supply system or an off-site comparable
common water supply facility approved and permitted by the Pennsylvania
Department of Environmental Protection or regulated by the Pennsylvania
Public Utility Commission.
Any vehicle, regardless of size, self-propelled or designed
to be towed or carried by another vehicle, which is designed as a
temporary dwelling for travel, recreational and vacation uses. Recreational
vehicles include campers, travel trailers, motor homes or vans designed
principally for recreational use.
A facility designed and operated to receive, store or process
recyclable material which has been separated from all but residual
household waste at the source. For the purposes of this chapter, "recycling
center" shall also mean dropoff bins located on public property.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
An establishment for the sale and consumption of food and
beverages with or without drive-in or take-out service. Most food
and beverages are served by waiters, waitresses or counterpersons.
This description also applies to those restaurants and taverns which
dispense alcoholic beverages. Such eating places, restaurants and
taverns must meet the regulations established by the Pennsylvania
Liquor Control Board or other appropriate regulatory agency.
An establishment that principally sells food, frozen deserts
and nonalcoholic beverages in a ready-to-consume state, primarily
in disposable containers, in bags or on trays. The customer primarily
orders and receives the food at an inside counter or outdoor drive-up
or walk-up window without the assistance of a waiter or waitress.
A cafeteria-style restaurant shall be considered a standard restaurant.
This definition shall include a snack bar or ice cream stand with
no inside seating facilities.
All other restaurants that do not meet the definition of
a fast-food restaurant as provided above. This includes restaurants
where the majority of the food is consumed within the restaurant at
tables.
Any structure constructed of wood, metal, concrete or masonry
erected for the purpose of retaining earth, stabilizing sloped land
or permitting abrupt grade changes in lot surface.
Land opened for use as a street, alley or crosswalk.
A strip of land adjacent to any stream or watercourse, within
which woodland or land disturbances are limited.
A building containing a single owner-occupied dwelling unit
and guest rooms, where lodging is provided with or without meals for
compensation.
[Amended 2-14-2018 by Ord. No. 2018-01]
A facility licensed and approved by the Pennsylvania Department
of Environmental Protection for the disposal of solid waste where
there is no reasonable probability of adverse effects on the public
health or the environment from such disposal.
Any public, parochial or private facility offering educational
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. Schools can be private or public.
Any public, parochial or private school having regular sessions
with employed instruction which teaches those subjects that are fundamental
and essential in general education for elementary school.
Any public, parochial or private schools having regular sessions
with employed instruction which teaches those subjects that are fundamental
and essential in general education for grades 9 through 12.
Any public, parochial or private schools having regular sessions
with employed instruction which teaches those subjects that are fundamental
and essential in general education for grades 6 through 8.
Same as elementary school, except general education is provided
for secondary grades.
Same as elementary and secondary school, except that the
primary activity is training in a trade or vocation.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining zones the structures
and uses on the premises on which the screen planting is located.
The required horizontal distance between a setback line and
a property or street line.
SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "side yard."
A line within a property and parallel to a property or street
line which delineates the required minimum distance between a structure
and that property or street line.
A group of stores, offices, theaters, eating establishments,
financial institutions, either freestanding or attached, having an
aggregate gross ground floor area of 9,000 square feet or more, planned
and designed for the site on which it is built, functioning as a unit,
with off-street parking provided on the property as an integral part
of the unit. For the purposes of this chapter, a "strip mall" is a
type of shopping center.
A device for visual communication that is to bring the subject
to the attention of the public, but not including flags or other insignia
of any government, government agency or of any civic, charitable,
religious, fraternal or similar organization.
BILLBOARDA sign that is either attached to a building or freestanding, upon which images and/or messages are placed. The images and/or messages advertise businesses, products, services or other messages that are not related to the property upon which the sign is placed.
SIGN, OFF-PREMISES ADVERTISINGA sign whose major purpose is for directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot as the sign, such as billboards.
SIGN, BUSINESSA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
SIGN, DIRECTIONALA sign which directs people to a community; an event of public interest; public uses and buildings; uses and buildings of service and charitable organizations; and uses and buildings of commercial nature, provided no advertising matter other than identifying or symbol shall be contained on signs of this type.
SIGN, ELECTRONIC MESSAGEA sign that uses changing lights or other electronic media to form a sign message, in which the sequence of messages and the rate of change is electronically programmed and can be modified electronically.
SIGN, PORTABLEA sign that is not attached to a structure or structures, is intended, by design, use or construction, to be used by resting upon the ground for support, and may be easily moved or relocated for reuse. This shall include signs mounted upon or designed to be mounted upon a trailer or a wheeled carrier as well as A-frame signs.
SIGN, RECREATIONAL SPONSORSHIPA sign promoting a business or profession which has sponsored a public recreation program whose primary public recreational activity is conducted on the athletic field wherein the sign is located.
[Added 1-13-2010 by Ord. No. 2010-01]
SIGN, TEMPORARYA sign, usually constructed of cardboard, paper, plastic, canvas or wood, with or without a structural frame and intended for a limited period of display. For purposes of this chapter, political or special interest, real estate sale, yard sale, portable or trailer-mounted, auction sale and construction signs are examples of temporary signs.
A solar photovoltaic cell, panel or array or solar hot air
or water collector device which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
Activities listed below which are not permitted to be displayed
for observation or participation by business patrons:
Slopes of 15% or more.
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between any floor
and the ceiling next above it.
A portion of a story under a roof, sometimes called an attic,
possibly used for storage but not used as living area.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
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 officially established grade, the existing
grade of the street at the midpoint of the lot frontage shall be taken
as the street grade.
A line defining the edge of a street and separating the street
from abutting property or lots, commonly known as the "right-of-way
line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any structure that contains water over 24 inches in depth
and which is used, or intended to be used, for swimming or recreational
bathing. This includes in-ground, aboveground and on-ground swimming
pools, hot tubs and spas. Farm ponds and/or lakes are not included,
provided that swimming was not the primary purpose for their construction.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food (less than 60% of
their income being derived by food sales), but no live entertainment
shall be permitted.
A type of dwelling unit consisting of attached, single-family
residences, having private, individual access, on its own lot or within
a group development, and may not be split into additional residences.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and on the same lot with this principal use or building.
PRINCIPAL USEThe main or primary use of property or structures, measured in terms of net floor area or, where no net floor area exists, measured in terms of net land area.
A small building, having a floor not exceeding 120 square
feet and a height of not more than 10 feet, primarily for the storage
of yard and garden equipment, bicycles and other miscellaneous items
customarily incidental to a residence.
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
An establishment for the sale or rental of motor vehicles
and/or repair or servicing of such vehicles, including paint spraying
and body and fender work or car-washing facility, provided that all
repair and paint work is performed within an enclosed building and
all motor vehicle parts, refuse and similar articles are stored within
a building or enclosed area.
A use with a predominantly industrial character due to the
extent of storage of goods, including, but not limited to, warehouses,
building material yards and fuel storage tanks.
Areas that are inundated and saturated by surface water or
groundwater at a frequency or duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas; or as further defined by
the Pennsylvania Department of Environmental Protection.
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
A business engaged in the sale of goods, usually in quantity,
for the purpose of resale to consumers.
A wind-energy-conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 100 kilowatts (kW) and which is
intended to primarily reduce on-site consumption of utility power.
(From the American Wind Energy Association.)
A prescribed open area on a lot, unobstructed from the ground upward except as modified in § 310-27 of this chapter.
FRONTAn area bounded by the street line, front wall of the principal building and side property line.
REARAn area bounded by the rear property line, rear wall of the principal building and side property line.
SIDEAreas bounded by side property lines, side walls of the principal building, and front and rear setback lines.
A portion of the Township within which certain uniform regulations
and requirements or various combinations thereof apply under the provisions
of this chapter (or the adjacent municipality's zoning ordinance).
The Zoning Hearing Board of Spring Garden Township; the body
granted jurisdiction under this chapter to render final adjudications.
The Official Zoning Map of Spring Garden Township, which
is an integral part of this chapter and which is kept up-to-date and
on display at the Township office.
The person charged with the duty of enforcing the provisions
of the Zoning Ordinance and any officially designated assistant.
The Spring Garden Township Zoning Ordinance, as amended.
Written authorization from the Zoning Officer to alter, improve,
construct and/or make use of an area of land as regulated by this
chapter.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
[2]
Editor's Note: See 3 Pa.C.S.A. § 501 et seq.
[3]
Editor’s Note: The former definition of “building
coverage,” which immediately followed, was repealed 11-13-2019
by Ord. No. 2019-5.
[4]
Editor’s Note: The former definition of “open
area,” which immediately followed, was repealed 11-13-2019 by
Ord. No. 2019-5.
[5]
Editor’s Note: The former definition of “paved
area,” which immediately followed, was repealed 11-13-2019 by
Ord. No. 2019-5.
[6]
Editor's Note: Former 65 P.S. § 271 et seq. [7-3-1986
(P.L. 388, No. 84)] was repealed 10-15-1998 (P.L. 729, No. 93); see
now 65 Pa.C.S.A. § 701 et seq.