Township of Spring Garden, PA Article I Short Title, Purpose and Definitions

§ 310-1 Short title.

This chapter shall be known as the "Spring Garden Township Zoning Ordinance."

§ 310-2 Purpose.

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.

B. Regulations. The regulations are also designed to prevent:

(1) Overcrowding of land.

(2) Blight.

(3) Danger and congestion in travel and transportation.

(4) Injury or loss of health, life or property from fire, flood, panic or other dangers.

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.

§ 310-3 Word usage; definitions.

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. 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

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.

ADULT ENTERTAINMENT FACILITIES

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.

(1) ADULT BOOKSTORE An 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.

(2) ADULT MASSAGE PARLOR OR STUDIO An 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.

(3) ADULT THEATER An 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.

(4) CABARET An 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.

AGRICULTURE

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).

(1) CONCENTRATED ANIMAL FEEDING OPERATION (CAFO) An animal feeding operation that is required to obtain NPDES permits in accordance with the Clean Water Act.[1]

(2) 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]

ALLEY

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.

ALTERATIONS

As applied to a building or structure, any change or rearrangement in the total floor area; or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another.

ALTERATIONS, STRUCTURAL

Any change in the members of a building or structure, such as bearing walls, columns, beams or girders.

ANIMAL HOSPITAL

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or fowl.

APARTMENT

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.

(1) BACHELOR, EFFICIENCY, STUDIO APARTMENT A dwelling unit consisting of not more than one habitable room including kitchen and sanitary facilities.

AUTOMOBILE SERVICE STATION

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.

BASEMENT

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.

BED-AND-BREAKFAST

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]

BILLBOARD

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]

BOARD

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

BRING YOUR OWN BOTTLE CLUB (B.Y.O.B.)

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.

BUFFER

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.

BUILDING

Any structure or edifice designed or intended for use as an enclosure, a shelter or for protection of persons, animals or property.

(1) ATTACHED A building which has two or more party walls in common.

(2) DETACHED A building which has no party wall.

(3) SEMIDETACHED A building which has only one party wall in common.

BUILDING AREA

The total area of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings.[3]

BUILDING HEIGHT

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]

CAMPER UNIT

A tent or camping vehicle which can be temporarily located on a campsite for transient dwelling purposes.

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 camper units.

CAMPSITE

A plot of ground within a campground intended for occupation by a camper unit.

CAMPUS

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.

CARTWAY

The paved area of a street. Sometimes referred to as "roadway."

CEMETERY

A parcel of land used for purposes of interring, safeguarding and memorializing the remains of deceased persons.

CHILD DAY-CARE FACILITIES

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:

(1) CHILD-CARE CENTER A 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)

(2) GROUP CHILD-CARE HOME A 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)

(3) FAMILY CHILD-CARE HOME A 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)

CLUB

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.

COLLEGE or UNIVERSITY

An institution of higher learning that grants degrees in liberal arts or science or both.

COMMERCIAL RECREATION FACILITY

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.

(1) INDOOR COMMERCIAL RECREATION FACILITIES Totally enclosed within a building that has solid walls on all sides and a solid roof.

(2) OUTDOOR COMMERCIAL RECREATION FACILITIES Those that are not conducted indoors as described in the immediately preceding subsection.

COMMERCIAL SCHOOL

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.

COMMUNICATIONS FACILITY

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.

(1) COMMUNICATIONS ANTENNA Any 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.

(2) COMMUNICATIONS EQUIPMENT BUILDING An 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.

(3) COMMUNICATIONS TOWER A structure other than a building, such as a monopole, self-supporting or guyed tower, designed and used to support communications antennas.

(4) HEIGHT OF A COMMUNICATIONS TOWER The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO) or CONCENTRATED ANIMAL OPERATION (CAO)

See "agriculture."

CONDOMINIUM

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.

CONVENIENCE STORE

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]

DAY-CARE FACILITIES, CHILD

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.

DECISION

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.

DECK

A flat-floored roofless area adjoining a house.

DETERMINATION

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

(a) The Board of Commissioners;

(b) The Zoning Hearing Board; or

(c) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances.

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

DISTANCE BETWEEN BUILDINGS

The required distance between facings or building walls measured at the narrowest point.

DORMITORY

A building, structure or portion thereof containing living quarters for students, staff or members of a college, university, boarding school, theological school, hospital, religious order or comparable organization and which is either owned or managed by said organization. (See also "group quarters.")

DRIVEWAY

A minor vehicular travel way providing access between a street and a parking area or garage within a lot or property.

DWELLING

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.

(1) SINGLE-FAMILY A building designed and occupied exclusively as a residence for one family.

(a) SINGLE-FAMILY ATTACHED DWELLING A 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.

(b) SINGLE-FAMILY DETACHED DWELLING A 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.

(c) SINGLE-FAMILY SEMIDETACHED DWELLING A 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.

(2) TWO-FAMILY A building designed and occupied exclusively as a residence for two families.

(3) MULTIFAMILY A building designed and occupied as a residence for three or more families.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.

EASEMENT

A limited right of use granted in private land for public or quasi-public purpose.

FAMILY

(1) 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.

(2) 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.

(3) A family may also include domestic servants and gratuitous guests, but not occupants of a club, fraternal lodging or rooming house.

(4) Any number of unrelated persons who reside within a group home, as defined in this section.

FARM

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.

FENCE

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.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company or similar establishment.

FLOOD

A temporary inundation of normally dry land areas.

FLOOD-FRINGE

That portion of the floodplain outside the floodway.

FLOODPLAIN

(1) A relatively flat or low-lying area adjoining a river, stream or watercourse subject to partial or complete inundation.

(2) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

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.

FLOOR AREA, HABITABLE

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.

GROUP HOME

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."

GROUP QUARTERS

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.")

HI-TECH PRECISION ASSEMBLY

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]

HOME OCCUPATION

A special type of an occupation or profession which:

(1) Is carried on only in a dwelling unit.

(2) Is carried on by a member of the family residing in the dwelling unit.

(3) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

HOSPITAL

A place for the diagnosis, treatment and inpatient care for humans.

HOTEL

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.

HOUSE OF WORSHIP

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.

IMPERVIOUS SURFACE

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]

INDUSTRIAL PARK

An industrial area:

(1) Organized and laid out in accordance with an overall plan for a community of industries including the servicing of these industries.

(2) 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.

JUNKYARD

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.

KENNEL

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.

LANDOWNER

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.

LIFE-CARE RETIREMENT FACILITY

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.

LIVESTOCK

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.

LOADING SPACE

An off-street space suitable for loading or unloading of goods and having direct access to a street or alley.

LOT

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.

LOT AREA

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.

LOT COVERAGE

That portion of a lot covered by impervious surfaces, such as, but not limited to, buildings, parking areas, driveways, etc.

LOT WIDTH

The required distance between the side property lines measured along the street right-of-way line.

MASSAGE PARLOR

A commercial establishment in which the principal use consists of massage and/or bodywork conducted by persons other than massage therapists

MASSAGE THERAPIST

A person holding a valid massage license issued by the Commonwealth of Pennsylvania or, absent such licensing procedure, satisfying either of the following criteria:

(1) 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

(2) Holds current and valid certification from the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB).

MEDICAL CLINIC

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]

MINI STORAGE/SELF-STORAGE FACILITY

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.

MOBILE HOME

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.

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 thereof of a single mobile home.

MOBILE HOME PARK

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

MULTIFAMILY OR TWO-FAMILY CONVERSION

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.

MUNICIPAL BUILDING

A building owned, used or managed by Spring Garden Township or an agency of the Township.

NIGHTCLUB

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.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the requirements as outlined in § 310-12E.

NONCONFORMITY

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:

(1) NONCONFORMING LOT A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

(2) NONCONFORMING STRUCTURE A 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.

(3) NONCONFORMING USE A 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.

(4) DIMENSIONAL NONCONFORMITY A lot or structure which is nonconforming because it is not in compliance with the extent-of-use or dimensional regulations of this chapter.

NURSING HOME

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.

ONE-HUNDRED-YEAR FLOOD

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]

OWNER

The owner of record of a lot or parcel of land.

PARKING GARAGE

A building where passenger vehicles may be stored for short-term, daily or off-street parking.

PARKING LOT

An open lot where passenger vehicles may be stored for short-term, daily or overnight off-street parking.

PARKING SPACE

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

PATIO

An outdoor space for dining or recreation that adjoins a residence and is often paved.[5]

PERSONAL SERVICE BUSINESS

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.

PETS

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.

PROCESSING

A function that involves only the cleaning, sorting, sizing, packaging, or any combination thereof, of products.

PROFESSIONAL OFFICE

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]

PROFESSIONAL OFFICE FLEX SPACE

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]

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 board of education).

PUBLIC BUILDING

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.

PUBLIC GROUNDS

Includes:

(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas;

(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

(3) Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

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

PUBLIC MEETING

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]

PUBLIC NOTICE

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.

PUBLIC SEWER

A municipal sanitary sewer system or an off-site comparable common wastewater treatment facility approved and permitted by the Pennsylvania Department of Environmental Protection.

PUBLIC UTILITY

Any business activity regulated by a government agency in which the business is required by law to:

(1) Serve all members of the public upon reasonable request.

(2) Charge just and reasonable rates subject to review by a regulatory body.

(3) File tariffs specifying all of its charges.

(4) Modify or discontinue its service only with the approval of the regulatory agency.

PUBLIC UTILITY BUILDING

Any building owned or otherwise controlled by a utility, which utility is governed by the Pennsylvania Public Utility Commission.

PUBLIC WATER

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.

RECREATIONAL VEHICLE

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.

RECYCLING CENTER

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.

REPORT

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.

RESTAURANT

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.

RESTAURANT, FAST-FOOD

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.

RESTAURANT, SIT-DOWN

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.

RETAINING WALL

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.

RIGHT-OF-WAY

Land opened for use as a street, alley or crosswalk.

RIPARIAN BUFFER

A strip of land adjacent to any stream or watercourse, within which woodland or land disturbances are limited.

ROOMING HOUSE

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]

SANITARY LANDFILL

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.

SCHOOL

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.

SCHOOL, ELEMENTARY

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.

SCHOOL, HIGH

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.

SCHOOL, MIDDLE

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.

SCHOOL, SECONDARY

Same as elementary school, except general education is provided for secondary grades.

SCHOOL, VOCATIONAL

Same as elementary and secondary school, except that the primary activity is training in a trade or vocation.

SCREEN PLANTING

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.

SETBACK

The required horizontal distance between a setback line and a property or street line.

(1) SETBACK, FRONT The distance between the street line and the front setback line projected the full width of the lot. Commonly called "front yard."

(2) SETBACK, REAR The distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "rear yard."

(3) SETBACK, SIDE The distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "side yard."

SETBACK LINE

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.

SHOPPING CENTER or MALL

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.

SIGN

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.

(1) BILLBOARD 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.

(2) SIGN, OFF-PREMISES ADVERTISING A 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.

(3) SIGN, BUSINESS A 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.

(4) SIGN, DIRECTIONAL A 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.

(5) SIGN, ELECTRONIC MESSAGE A 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.

(6) SIGN, PORTABLE A 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.

(7) SIGN, RECREATIONAL SPONSORSHIP A 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]

(8) SIGN, TEMPORARY A 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.

SOLAR COLLECTOR

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.

SPECIAL EXCEPTION

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.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered:

(a) Human genitals, pubic regions.

(b) Buttocks.

(c) Female breasts below a point immediately above the top of the areola.

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

SPECIFIED SEXUAL ACTIVITIES

Activities listed below which are not permitted to be displayed for observation or participation by business patrons:

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

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

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

STEEP SLOPE

Slopes of 15% or more.

STORY

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.

STORY, HALF

A portion of a story under a roof, sometimes called an attic, possibly used for storage but not used as living area.

STREET

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.

STREET GRADE

The officially established grade of the street upon which a lot fronts or, in its absence, the established grade of other streets upon which the lot abuts at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at the midpoint of the lot frontage shall be taken as the street grade.

STREET LINE

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."

STRUCTURE

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

(1) ACCESSORY A subordinate structure or a portion of the principal structure on a lot, the use of which is customarily incidental to that of the structure.

(2) PERMANENT A structure which cannot readily be removed.

(3) TEMPORARY A structure which can readily be removed.

SWIMMING POOL

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.

TAVERN

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.

TOWNHOUSE

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.

USE

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

(1) ACCESSORY USE A use customarily incidental and subordinate to the principal use or building and on the same lot with this principal use or building.

(2) PRINCIPAL USE The 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.

UTILITY SHED

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.

VARIANCE

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.

VEHICLE SALES, SERVICE OR REPAIRS ESTABLISHMENT

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.

WAREHOUSING/HEAVY STORAGE SERVICE

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.

WETLANDS

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.

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WHOLESALE ESTABLISHMENT

A business engaged in the sale of goods, usually in quantity, for the purpose of resale to consumers.

WIND ENERGY SYSTEM, SMALL

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.)

YARD

A prescribed open area on a lot, unobstructed from the ground upward except as modified in § 310-27 of this chapter.

(1) FRONT An area bounded by the street line, front wall of the principal building and side property line.

(2) REAR An area bounded by the rear property line, rear wall of the principal building and side property line.

(3) SIDE Areas bounded by side property lines, side walls of the principal building, and front and rear setback lines.

ZONING DISTRICT

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).

ZONING HEARING BOARD

The Zoning Hearing Board of Spring Garden Township; the body granted jurisdiction under this chapter to render final adjudications.

ZONING MAP

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.

ZONING OFFICER

The person charged with the duty of enforcing the provisions of the Zoning Ordinance and any officially designated assistant.

ZONING ORDINANCE

The Spring Garden Township Zoning Ordinance, as amended.

ZONING PERMIT

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.