Unless otherwise expressly stated, for the purposes
of this chapter, the following words, terms and phrases shall have
the meanings herein indicated:
ACCESSORY BUILDING OR STRUCTURE
A subordinate building to the principal use building permitted
on a lot, the use of which is incidental to that of the main or principal
building. Where accessory structures are attached, setbacks for the
principal use shall apply. Accessory structures are not permitted
where a principal use building has not been erected on the lot.
[Amended 3-12-2018 by Ord. No. 210]
ACCESSORY SOLAR ENERGY SYSTEM (ASES)
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more solar arrays or modules, and/or solar-related equipment, and
is intended to primarily reduce on-site consumption of utility power
or fuels.
[Added 8-9-2021 by Ord. No. 228]
ACCESSORY USE
A use on the same lot with and of a nature incidental and
subordinate to the principal use and not occupying more than 15% of
the lot area, including but not limited to storage sheds, nonintegral
garages, satellite dishes, swimming pools, radio antennas, platforms,
decks and carports. Where accessory use structures are attached, setbacks
for the principal use shall apply. However, in no event shall the
square feet of an accessory use structure exceed the total square
feet of the principal use structure, excluding agricultural buildings.
[Amended 5-11-2009 by Ord. No. 163; 3-12-2018 by Ord. No. 210]
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
[Added 1-12-1998 by Ord. No. 103]
ADULT BOOKSTORE or ADULT VIDEO STORE[Added 1-12-1998 by Ord. No. 103]:
A.
A commercial establishment which, as one of
its business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(1)
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassette or video
reproductions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas;
or
(2)
Instruments, devices or paraphernalia which
are designated for use in connection with specified sexual activities.
B.
A commercial establishment may have other business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore or adult video store.
Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult bookstore or adult
video store so long as one of its business purposes is the offering
for sale or rental for consideration of the specified materials which
depict or describe specified sexual activities or specified anatomical
areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
[Added 1-12-1998 by Ord. No. 103]
A.
Persons who appear in the state of nudity; or
B.
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
C.
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or by specified
sexual activities.
ADULT DAY CARE
A service offered to adults with supervisory needs as an
accessory to assisted living or nursing facilities.
[Added 11-13-2001 by Ord. No. 119]
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
[Added 1-12-1998 by Ord. No. 103]
A.
Offers accommodations to the public for any
form of consideration for the purpose of providing patrons with closed-circuit
television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions which are characterized
by the description of specified anatomical areas or by specified sexual
activities, and has a sign visible from the public right of way which
advertises the availability of this adult-type of photographic reproductions;
or
B.
Offers any single sleeping room for rent three
or more times in one calendar day.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified anatomical areas or by specified sexual
activities.
[Added 1-12-1998 by Ord. No. 103]
ADULT THEATER
A theater, concert hall auditorium, stage or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
[Added 1-12-1998 by Ord. No. 103]
AGRICULTURAL OPERATION
An enterprise containing 10 or more acres that is actively
engaged in the commercial production and preparation for market of
crops, livestock and livestock products and in the production, harvesting
and preparation for market or use of agricultural, agronomic, horticultural,
silvicultural and aquacultural crops and commodities. The term includes
an enterprise that implements changes in production practices and
procedures or types of crops, livestock, livestock products or commodities.
[Added 11-13-2001 by Ord. No. 119; amended 3-14-2022 by Ord. No. 232]
AGRITOURISM
A farm-related tourism or farm-related entertainment activity
that takes place on agricultural land and allows members of the general
public, whether or not for a fee, to tour, explore, observe, learn
about, participate in or be entertained by an aspect of agricultural
production, harvesting, husbandry or rural lifestyle that occurs on
the farm. The term shall not include overnight accommodations, weddings,
concerts, provisions for food and beverage services, or other comparable
activities.
[Added 8-9-2021 by Ord. No. 229]
ALLEY
A public thoroughfare which affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
ALTERATIONS
As applied to a building or structure, meaning a change or
rearrangement in the structural parts or in the existing facilities
or an enlargement, whether by extending on a side or by increasing
height, adding additional supports or a combination of both and the
movement from one location or position to another.
AMENDMENT
A change in use in any district which includes revisions
to the Zoning Ordinance text and/or the Official Zoning Map. The authority
for any amendment lies solely with the Township of Brighton Board
of Supervisors, and upon enactment, a copy of any zoning text or map
revision shall be forwarded to the Beaver County Planning Commission.
ANIMAL HOSPITAL
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits and birds or fowl
by a veterinarian.
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services. An antenna shall not include
tower-based wireless communications facilities defined below.
[Added 12-13-2021 by Ord. No. 231]
ANTENNA SUPPORT STRUCTURE[Amended 8-10-2015 by Ord. No. 198]
A.
Any pole, telescoping mast, tripod or any other structure which
supports a device used in the transmitting or receiving of radio frequency
energy, including amateur radio, harm or citizens' band radio antennas.
The required setback from the base of an antenna support structure
or any guyed wire anchors to any property line shall be the largest
of the following:
(1)
One hundred percent of the height of the antenna support structure;
or
(2)
The minimum setback for a principal use in the underlying zoning
district.
B.
This definition shall not include wireless communications facilities.
ANTENNA SUPPORT STRUCTURE, HEIGHT OF
The vertical distance measured from the ground level to the
highest point on an antenna support structure, including antennas
mounted on the structure.
[Amended 1-11-1999 by Ord. No. 107]
APPLICABLE CODES
Any of the following:
[Added 12-13-2021 by Ord. No. 231]
A.
Uniform building, fire, electrical, plumbing or mechanical codes
adopted by a recognized national code organization or local amendments
to those codes enacted solely to address imminent threats of destruction
of property or injury to persons.
B.
Local zoning, land use, streets and sidewalks, rights-of-way
and permitting ordinances that comply with the Small Wireless Facilities
Deployment Act.
APPLICANT
A landowner or developer, including his heirs, successors
or assigns, who has filed an application for development.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including but not limited to an application for a building permit
and an application for the approval of a development plan.
ARCHERY
The shooting of arrows or bolts from a bow.
[Added 12-12-2011 by Ord. No. 179]
ARCHITECTURAL PROJECTIONS
That part of a building or structure exempt from bulk requirements
and minimum yard requirements due to its aesthetic and functional
characteristics, including but not limited to bay windows and chimneys.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main
grade level of the principal building, all accessory buildings, exclusive
of uncovered porches, terraces and steps.
AREA, LOT
The total area within the lot lines.
ASSISTED LIVING FACILITY
Residences for the frail elderly that provide rooms, meals,
personal care, and supervision of self-administered medication on
a daily basis as adult day care or for an extended period of time.
They may provide other services, such as recreational activities,
financial services, and transportation.
[Added 11-13-2001 by Ord. No. 119]
AUTOMOTIVE RECYCLING
The use of more than 100 square feet of the area of any lot
for the storage, keeping or abandonment of junk, including scrap material
from the dismantling, demolition or abandonment of automobiles or
other vehicles or machinery or parts thereof.
AUTOMOTIVE SERVICE STATION
Any premises used for supplying gasoline, oil, minor accessories
and service for automobiles at retail direct to the motorist consumer,
including the making of minor repairs, but not including major repairs,
such as spray painting, body, fender clutch, transmission, differential,
axle, spring and frame repairs; major overhauling of engine requiring
removal therefrom of cylinder head or crankcase pan; repairs of radiator
requiring removal thereof; complete recapping or retreading of tires.
BAFFLES
Barriers to contain bullets and to reduce, redirect or suppress
sound waves. Baffles are placed either overhead, alongside or at ground
level to restrict or interrupt errant or off-the-target shots.
[Added 12-12-2011 by Ord. No. 179]
BANQUET FACILITY
A commercial establishment that is rented by individuals or groups to accommodate private functions such as banquets, weddings, anniversaries and other similar celebrations. Banquet use may or may not include kitchen facilities for the preparation or catering of food and beverages. The sale of alcoholic beverages is prohibited. Outdoor tents or activities are prohibited. Banquet facilities must comply with industrial and development performance standards set forth in §
195-137.13.
[Added 4-11-2016 by Ord.
No. 203]
BAR/TAVERN
An establishment where the principal use is the serving of alcoholic beverages for consumption on the premises to the general public and which may or may not serve food. Bars and taverns must comply with industrial and development performance standards set forth in §
195-137.13. See §
195-137.16.
[Added 4-11-2016 by Ord.
No. 203]
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes, other than a game or recreation room.
BED-AND-BREAKFAST
A residential structure converted for use as a transient facility for overnight guests. See §
195-137.5.
[Amended 4-11-2016 by Ord. No. 203]
BILLBOARD
A sign other than one indicating a business conducted on
the premises; a sign on which advertising matter of any character
is printed, posted or lettered; and it may be either freestanding
or attached to a surface of a building or other structure.
BOARDINGHOUSE
Any dwelling in which up to two persons are housed or lodged for hire in individual sleeping rooms, with or without meals, and the owner is a full-time resident. A rooming house or a furnished room house shall be deemed a boardinghouse. See §
195-137.14.
[Amended 4-11-2016 by Ord. No. 203]
BREWERY
A building/place/business where the brewing, distilling,
processing and production of beer, malt, distilled and related alcoholic
beverages occurs on site in accordance with the Pennsylvania Liquor
Code and in compliance with the requirements of the Pennsylvania
Liquor Control Board. "Brewery" may include an area for the consumption
of such beverages.
[Added 8-9-2021 by Ord. No. 229]
BUFFER YARD
Open space which includes landscaped areas, fences, walls,
berms, or a combination thereof used to physically separate or screen
one use or property from another.
[Added 11-13-2001 by Ord. No. 119]
BUILDING AREA or BUILDING FOOTPRINT
The sum of the outside dimensions of a building or structure
on a horizontal plane measured between the exterior faces of walls.
[Added 3-13-2023 by Ord. No. 238]
BUILDING, FRONTLINE OF
The line of that face of the building nearest the frontline
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps or patios.
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING LINE
A line located on the lot at a fixed distance from the street
right-of-way line and interpreted as being the nearest point that
a building may be constructed to the street right-of-way line. The
building line shall limit the location of porches, decks and similar
construction, steps excepted, to the face of the building.
BUILDING or STRUCTURE
Anything constructed or erected having an ascertainable stationary
location on or in land, whether or not affixed to the land, including
but not limited to mobile or modular homes, signs, billboards, barns,
swimming pools, silos, stables and sheds.
[Amended 3-12-2018 by Ord. No. 210]
CABLE FACILITY
Buildings, other structures and equipment used by the owner
or operator of a cable television system to provide service. As used
in this definition, the term "cable system" shall have the meaning
given to it in Section 602(6) of the Cable Communications Policy Act
of 1984 [Public Law 98-549, 47 U.S.C. § 522(7)].
[Added 12-13-2021 by Ord. No. 231]
CAMPGROUNDS
A tract or parcel of land used or held out for the purpose
of providing two or more campsites to the public.
[Added 1-11-1999 by Ord. No. 107]
CAMPSITES
Include:
[Added 1-11-1999 by Ord. No. 107]
A.
Overnight parking spaces, with or without utilities,
for camping or recreational vehicles; or
B.
Space for use for camping in tents.
CARPORT
An open space for the storage of one or more vehicles in
the same manner as a private garage, which may be covered by a roof
supported by columns or posts, except that one or more walls may be
the walls of the main building to which the carport is an accessory
building or extension.
CARTWAY
That portion of the street right-of-way surfaced for vehicular
use. Width is determined from face of curb to face of curb or from
one edge of driving surface to the other edge of driving surface.
CELLAR
A story partly underground having more than half of its clear
height below the average level of adjoining ground. A cellar shall
not be considered in determining the permissible number of stories.
CEMETERY
Land that is set apart or used as a public place for the
interment of the dead or in which human bodies have been buried, and
for which the primary use of the land is that of a cemetery.
[Added 10-8-2007 by Ord. No. 154]
CENTER FOR LOCAL GOVERNMENT SERVICES
The Governor's Center for Local Government Services located
within the Department of Community and Economic Development.
[Added 11-13-2001 by Ord. No. 119]
CERTIFICATE OF OCCUPANCY
A statement, based on an inspection, signed by the Zoning
Administration Officer, setting forth either that a building or structure
complies with this chapter or that a building, structure or parcel
of land may lawfully be employed for specified use, or both.
CHICKEN COOP
The building used for the housing of chickens.
[Added 10-13-2014 by Ord. No. 189]
CHICKENS
A chicken (Gallus domesticuous) refers only to a female chicken.
[Added 10-13-2014 by Ord. No. 189]
CLINIC
An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists or social workers and where
patients are not lodged overnight.
[Amended 3-12-2018 by Ord. No. 210]
CO-LOCATION
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or on any structure that already supports
at least one non-tower WCF.
[Added 8-10-2015 by Ord.
No. 198]
COMMERCIAL
Engaging in a business, enterprise, activity or other undertaking
for profit.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of land and water within a development site, designed and intended
for the common use of the residents of a planned residential development.
Common open space may be of two types:
A.
IMPROVEDLand area of a site containing recreational structures and facilities, as long as the total impervious surfaces in the area (paved bike paths, tennis or basketball courts, roofs, etc.) constitute no more than 5% of the improved common open space.
B.
UNIMPROVEDLand area of a site void of buildings, structures, parking areas and street rights-of-way.
COMMUNICATIONS EMERGENCY
A condition that:
[Added 8-10-2015 by Ord.
No. 198]
A.
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
B.
Has caused or is likely to cause facilities in the rights-of-way
to be unusable and result in loss of the services provided.
COMMUNICATIONS FACILITY
A set of equipment and network components, including wires
and cables and associated facilities, used by a communications service
provider to provide new communications service.
[Added 12-13-2021 by Ord. No. 231]
COMMUNICATIONS SERVICE PROVIDER.
Any of the following:
[Added 12-13-2021 by Ord. No. 231]
A.
A cable operator as defined in Section 602(4) of the Cable Communications
Policy Act of 1984 [Public Law 98-549, 47 U.S.C. § 522(5)].
B.
A provider of information service as defined in Section 3(20)
of the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(24)].
C.
A telecommunications carrier as defined in Section 3(44) of
the Communications Act of 1934 [48 Stat. 1064, 47 U.S.C. § 153(51)].
COMPOSTING FACILITY
A site where the controlled process of degrading organic
matter by the production of microorganisms takes place.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions in Article
VI, Section 603, of the Pennsylvania Municipalities Planning Code, Act 247, as amended. Conditional uses are allowed or denied under the provisions of Article
XX of this chapter and require a public hearing prior to action.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
[Added 11-13-2001 by Ord. No. 119]
CONSTRUCTION AND MATERIAL STORAGE SITES
A lot or portion thereof, used by a contractor or builder
where equipment and materials are stored and/or where a contractor
or builder performs shop or assembly work off the construction site
and/or a site used as a staging area for construction off site.
[Added 5-10-2010 by Ord. No. 168]
CONTINUING CARE RETIREMENT COMMUNITY
An age-restricted development that provides a continuum of
accommodations and care, from independent living to long-term bed
care, and enters into contracts to provide lifelong care.
[Added 11-13-2001 by Ord. No. 119]
CONTROLLED SUBSTANCE DISPENSATION FACILITY
Any public or private facility that sells, dispenses, distributes,
provides and/or administers any controlled substance, as that term
is defined in the Controlled Substances Act, 21 U.S.C. § 802
et seq., as the same may be amended from time to time, including,
but not limited to, methadone or suboxone or similar anti-opioids,
to any person known, or believed by such facility or to any employee,
agent or individual otherwise connected to such facility, to be physically
or psychologically dependent on the use of such controlled substances,
for the detoxification treatment or maintenance treatment of such
dependency, unless said controlled substance is sold, dispensed, distributed,
provided and/or administered for the cure or treatment of an illness,
malady or disease other than controlled substance dependency. Such
facilities include any facility licensed by the Pennsylvania Department
of Health for such operations.
[Added 3-12-2018 by Ord.
No. 210]
CONVERSION APARTMENT UNIT
The remodeling of a single-family dwelling unit into two
or more separate living units each having a minimum of 500 square
feet of habitable area, exclusive of basement and/or cellar dwellings;
one bathroom and three habitable rooms; separate and private water,
sanitary, cooking and dining facilities; and a minimum of two off-street
parking spaces per living unit.
CORNER LOT
A lot at the point of intersection of and abutting on two
or more intersecting streets or other public spaces, the angle of
intersection being not more than 135°.
COUNTY COMPREHENSIVE PLAN
A land use and growth management plan prepared by the County
Planning Commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their Comprehensive Plan and land use regulation.
[Added 11-13-2001 by Ord. No. 119]
CREMATORY
An establishment containing a furnace designed to cremate
or reduce to ashes human remains of the deceased.
[Added 12-11-2017 by Ord.
No. 206]
DATA COLLECTION UNIT (DCU)
A non-tower wireless communications facility that utilizes
wireless technology to capture and transmit data.
[Added 8-10-2015 by Ord.
No. 198]
DAY-CARE CENTER
A facility licensed by the commonwealth, located within a
building or structure not used as a dwelling, for the care, during
part of the twenty-four-hour day, of children under the age of 16
years or disabled persons.
[Added 5-12-2003 by Ord. No. 129]
dBA
The sound pressure level, in decibels, as measured using
the impulse mode and "A" weighting network on a precision sound level
meter.
[Added 12-12-2011 by Ord. No. 179]
DECK
A structure attached to the exterior of the principal use
as an accessory use. All setbacks shall be those established for the
principal structure or principal use.
DECORATIVE POLE
A municipal pole that is specially designed and placed for
aesthetic purposes.
[Added 12-13-2021 by Ord. No. 231]
DENSITY
A measure of the number of dwelling units which occupy or
may occupy an area of land.
DENSITY, GROSS RESIDENTIAL
The number of dwelling units in relation to an area of land
actually in use or proposed to be used for residential purposes, including
public rights-of-way, whether exterior or interior, parking areas
and access lanes, sidewalks, parks, playgrounds, common open space
and any residual land within the tract of land proposed for development.
DENSITY, NET RESIDENTIAL
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of commercial areas, parking areas, public rights-of-way, streets,
access lanes, sidewalks, utility or drainage easements, parks, playgrounds
and common open space.
DEPARTMENT OF HEALTH
The Department of Health of the Commonwealth of Pennsylvania.
[Added 12-11-2017 by Ord.
No. 206]
DEVELOPMENT MODEL
A prototype for development containing parameters governing
character and design, site layout, lot types and the mix of uses.
[Added 11-13-2001 by Ord. No. 119]
DEVELOPMENT OF REGIONAL SIGNIFICANCE AND IMPACT
Any land development that, because of its character, magnitude,
or location, will have substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
[Added 11-13-2001 by Ord. No. 119]
DEVELOPMENT PLAN
The provisions for development of land, including a plat
of subdivision, all covenants relating to use, location and bulk of
development, streets, ways and parking facilities, common open space
and public utilities. The phrase "provisions of the development plan,"
when used in this chapter, shall mean the written and graphic materials
referred to in this definition.
DIRECT FIRE ZONE
The area on a firing range established according to the relationship
of the firing position and target position. Typically set up on a
one-to-one basis (one target to each firing point).
[Added 12-12-2011 by Ord. No. 179]
DISTRIBUTED ANTENNA SYSTEMS (DAS)
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 8-10-2015 by Ord.
No. 198]
DISTRIBUTION CENTER (WAREHOUSE)
A building or group of buildings primarily used for the storage,
transfer and distribution of products and materials such as manufactured
products, supplies, equipment or food, or parcels/mail. This term
excludes bulk storage of materials that are flammable or explosive
or that create hazardous or commonly recognized offensive conditions.
Goods are generally delivered to other firms or the final consumer,
except for some will-call pickups. There is little on-site sales activity
with the customer present. This definition includes cold storage plants
where activity includes the freezing and/or storing of frozen food
products, facilities used by moving or relocation companies for the
storage of household goods in transit, and vending machine operators.
"Distribution center" does not mean a building or structure used primarily
to store raw agricultural products, used primarily by a manufacturer
to store goods to be used in the manufacturing process, used primarily
for the storage of petroleum products, or used for the retail sale
of goods.
[Added 3-13-2023 by Ord. No. 238]
DISTRICT or ZONING DISTRICT
An area constituted by or pursuant to this chapter and delineated
by text and map as to location, extent, nature and contents.
DOG KENNEL
The keeping of four or more dogs that are more than six months
old, or the keeping of dogs for breeding or boarding.
[Amended 5-10-2010 by Ord. No. 168]
DWELLING
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "multiple
dwelling," "two-family dwelling" or "dwelling group" shall not include
automobile or recreational vehicle, courts, rooming houses, tourist
homes or hotels.
DWELLING TYPE
A.
RESIDENTIAL CONVERSION UNITTo be considered a conversion, any proposed alteration must be confined to the interior of any already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that district for that particular use.
C.
SINGLE-FAMILY SEMIDETACHED (DUPLEX, TRIPLEX, QUADRAPLEX)Two, three or four dwelling units accommodating two, three or four families which are attached side by side through the use of a party wall and having one side yard adjacent to each end dwelling unit or which are located one over the other and having two side yards.
D.
TOWNHOUSE (ROW DWELLING)Five or six dwelling units accommodating five or six families which are attached side by side through the use of common party walls and which may have side yards adjacent to each end unit. Each dwelling unit is generally two stories in height, but may conceivably be either one story or three stories in height.
E.
GARDEN APARTMENT DWELLINGSeven or more dwelling units accommodating seven or more families which are located one over the other or side by side by story through the use of common party walls and which may have side yards adjacent to each first story end unit. The structure accommodating the dwelling unit is generally built to a height of three or four stories, but may conceivably be built to a height of only two stories, each dwelling unit being accessible by a common stairwell.
DWELLING UNIT
Any building or portion thereof which is designed and used
exclusively for residential purposes of one family and includes complete
kitchen and bathroom facilities.
DWELLING UNIT AREA
The minimum or average square footage necessary to constitute
a dwelling unit.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of an sexually oriented business.
[Added 1-12-1998 by Ord. No. 103]
ERECTED
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for the building. Excavation,
fill drainage and the like shall be considered part of the erection.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, which includes engaging
in one or more specified sexual activities.
[Added 1-12-1998 by Ord. No. 103]
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its business purposes
for a fee, tip or other consideration.
[Added 1-12-1998 by Ord. No. 103]
ESSENTIAL SERVICE FACILITIES
The erection, construction, alteration or maintenance, by public utilities or municipal departments or commissions, of necessary facilities and accessory equipment in connection therewith, including buildings or accessory structures, but excluding communications towers, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions. (See §
195-127.)
FAMILY
One person or a group of two or more persons living together
and interrelated by bonds of consanguinity, marriage or legal adoption
or a group of not more than three unrelated persons, living together
and maintaining a common household.
FARM (AGRICULTURAL USE)
Any parcel of land containing 10 or more acres, except as
otherwise specified, which is used for gain in the raising of agricultural
products, livestock, poultry and dairy products. It includes necessary
farm structures and the storage of equipment used, but all such buildings
shall comply with the front yard setbacks for the principal use and
have a minimum fifteen-foot side and rear yard setbacks unless greater
setbacks are specified elsewhere in the Township Code. On-site sales
of products are prohibited. There shall be no on-street parking and
adequate off-street parking is required for all participants and equipment.
It excludes the raising of fur-bearing animals, riding academies,
livery or boarding stables and dog kennels.
[Amended 3-14-2022 by Ord. No. 232]
FCC
The Federal Communications Commission.
[Added 8-10-2015 by Ord.
No. 198]
FIREARM
A term used to describe any weapon, including but not limited
to pistols, rifles, and shotguns, capable of firing a projectile using
an explosive charge as a propellant, air guns and/or archery equipment.
[Added 12-12-2011 by Ord. No. 179]
FIRING LINE
A line parallel to a target from which firearms or arrows
are discharged.
[Added 12-12-2011 by Ord. No. 179]
FIRING POSITION (POINT)
An area directly behind the firing line having a specified
width and depth that is occupied by a shooter, his equipment and,
if appropriate, an instructor or coach.
[Added 12-12-2011 by Ord. No. 179]
FIRING RANGE[Added 12-12-2011 by Ord. No. 179]
A.
A facility designed for the purpose of providing a place on
which to discharge firearms, shoot air guns and/or archery equipment.
B.
May refer to several ranges constructed in a complex. Does not
include incidental target practice areas on private property.
FIRING RANGE COMPLEX
A grouping of two or more ranges of differing types, purposes
or firing distances located at a single site location or property.
It may include a clubhouse, parking facilities and other related structures.
Does not include incidental target practice areas on private property.
[Added 12-12-2011 by Ord. No. 179]
FLEX SPACE
A low-rise structure with high ceilings containing an open
floor plan that can be modified to accommodate the individual needs
of the tenant. Individual areas can be leased for uses such as personal
services, retail, restaurants, and office or showroom space in combination
with warehouse, research and distribution facilities or light industrial
uses. The structure may contain general loading accommodations.
[Added 3-13-2023 by Ord. No. 238]
FLOOR AREA, NET (as applied to off-street parking)
The area used or intended for services to the public as customers,
patrons, clients or tenants, including areas occupied for fixtures
and equipment used for display or sale of merchandise. Floor areas
may be excluded which are used exclusively for storage, housing of
mechanical equipment integral with the building, for maintenance facilities
or for those areas so restricted that customers, patients, clients,
salesmen and the general public are denied access.
FLOOR SPACE, GROSS (also GROSS FLOOR AREA)
The sum of the gross horizontal areas of the several floors
of a building and its necessary buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between the exterior faces of walls.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added 11-13-2001 by Ord. No. 119]
FUELING STATION
Mechanical equipment arranged to dispense fuel to a maximum
of two vehicles simultaneously.
[Added 11-13-2001 by Ord. No. 119]
GARAGE, PRIVATE
An enclosed or covered space for the storage of one or more
motor vehicles, provided that no business, occupation or service is
conducted for profit therein nor space therein for more than one car
is leased to a nonresident of the premises.
GARAGE, PUBLIC
A building or structure where motor vehicles can be temporarily
stored or parked.
GAS
Any of the following:
[Added 2-9-2015 by Ord.
No. 191]
A.
A fluid, combustible or noncombustible, which is produced in
a natural state from the earth and maintains a gaseous or rarified
state at a standard temperature of 60° F. and pressure of 14.7
PSIA.
B.
Any manufactured gas, by-product gas or mixture of gases or
natural gas liquids.
GENERAL DEVELOPMENT PLAN (or COMPREHENSIVE DEVELOPMENT PLAN)
A Comprehensive Plan (overall program) consists of maps,
charters and textual matter and indicates the recommendations of the
Planning Commission for the continuing development of a municipality.
The General Development Plan includes, but is not limited to, the
following related basic elements: a statement of objectives; a plan
for land use; a plan for the movement of people and goods; a plan
for community facilities and utilities; and a map indicating the relationship
of the municipality and its proposed development to adjacent municipalities
and areas. For the purpose of this chapter, the Township of Brighton
General Development Plan shall be the Township of Brighton General
Development Plan as adopted November 19, 1974, and as may be amended.
GLARE
A continuous source of brightness, relative to diffused lighting.
The effect produced by light with an intensity sufficient to cause
annoyance, discomfort, or loss in visual performance and visibility.
[Added 8-9-2021 by Ord. No. 228]
GLINT
Also known as "specular reflection," produced as a direct
reflection of the sun on the surface of the solar panel. This is the
potential source of visual issues regarding viewer distraction.
[Added 8-9-2021 by Ord. No. 228]
GOVERNING BODY
The Board of Township Supervisors, of the Township of Brighton,
Beaver County, Pennsylvania.
GRADE, ESTABLISHED
The elevation of the center line of the streets as officially
approved by the Township.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
GROUP HOME
A household of not more than five residents, not including
resident supervision, which by design and intent shall provide for
the long-term needs of its residents, whose physical or emotional
disabilities would otherwise impair their ability to live independently.
The household shall have the generic character of a family and be
relatively permanent and not a framework for transients or transient
living or institutional arrangement. On-site medical or counseling
services shall be limited to the occupants and shall not be provided
to nonresidents.
[Added 5-11-2009 by Ord. No. 163]
HEAVY INDUSTRIAL
The assembly, processing, production, cleaning, testing,
forging or fabrication of products from raw materials, including any
process using hazardous materials, as regulated by the Pennsylvania
Department of Environmental Protection (PA DEP) and/or the United
States Environmental Protection Agency (US EPA). Due to the nature
of the materials, equipment or process utilized, the operation is
considered to be unclean, noisy, hazardous or is associated with objectionable
elements.
[Added 12-11-2017 by Ord.
No. 206; amended 3-13-2023 by Ord. No. 238]
HEIGHT
See "building, height of."
HEIGHT OF A TOWER-BASED WCF
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 8-10-2015 by Ord.
No. 198]
HISTORICAL AGRICULTURAL BUILDING
A building initially constructed before January 1, 1999,
as an agricultural building and that is used for occupancy by the
general public.
[Added 8-9-2021 by Ord. No. 229]
HOLIDAYS
New Year's Day, Martin Luther King, Jr.'s, birthday, Presidents
Day, Good Friday, Memorial Day, Flag Day, Independence Day, Labor
Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
[Added 1-12-1998 by Ord. No. 103]
HOME GARDENING
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling, as an accessory use to the
dwelling which is noncommercial, and excludes the keeping of livestock.
[Amended 3-14-2022 by Ord. No. 232]
HOME OCCUPATION
An accessory use of a service character conducted within a dwelling by the residents which is secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate. See §
195-137.4 for additional regulations.
[Amended 5-12-2003 by Ord. No. 129]
HORTICULTURE
The raising, propagating and selling of trees, shrubs, flowers,
and vegetative material for human consumption on a minimum of two
acres. It includes necessary structures and the storage of equipment
used, but all such buildings shall comply with the front yard setbacks
for the principal use and have a minimum fifteen-foot side and rear
yard setbacks. On-site sales of products are prohibited. There shall
be no on-street parking, and adequate off-street parking is required
for all participants and equipment.
[Added 3-14-2022 by Ord. No. 232]
HOSPITAL
A building containing rooms and facilities intended to be
used and occupied to provide care, diagnosis, treatment and health
care services to humans.
HOTEL
A facility offering transient lodging accommodations to the
general public with access to individual rooms from the interior of
the building, and providing services such as restaurants, meeting
rooms, entertainment and recreational facilities.
[Amended 11-13-2001 by Ord. No. 119]
ILLUMINATED SIGN
Signs which are illuminated by electrical, mechanical or
other means as well as those using luminous paint or reflectorized
glass to reflect light.
INDUSTRIAL
The manufacturing, compounding, assembling, processing, packaging
or treatment of raw material or other products.
INSTITUTIONAL USE
A land use customarily operated by a public or private institution,
including but not limited to county, commonwealth and federal governments,
nonprofit and for-profit organizations or societies and public and
private schools.
INTERSECTION SIGHT DISTANCE
Adequate sight distance shall be provided pursuant to PENNDOT Publication 13M (Latest Edition) (Design Manual Part
2 Highway Design).
[Added 3-8-2004 by Ord. No. 135]
LAND DEVELOPMENT
A.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
(2)
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
C.
Development other than those activities specified as exclusions in Section 503 (1.1) of Article
V of the Municipalities Planning Code, Act 247, as amended.
LANDSCAPE/GARDEN CENTER
A retail business which includes the growing and/or selling
of flowers, plants, trees, shrubs and other natural flora and the
products which aid in their growth and care and which may include
one or more of the following activities as accessory uses only: storage
of small amounts of decorative landscaping materials such as landscaping
timbers, decorative rocks, marble chips, sandstone or limestone chips;
and/or the storage of small amounts of reddog, slag, sand or gravel
to be used in landscaping or preparation of driveways; and/or shredding
or screening of topsoil or mulch.
[Added 3-14-2022 by Ord. No. 232]
LIGHT INDUSTRIAL
The assembly, processing, production, cleaning, testing and
distribution of finished products, not involving the use of any raw
materials or any hazardous materials, as regulated by the Pennsylvania
Department of Environmental Protection (PA DEP) and/or the United
States Environmental Protection Agency (US EPA), including, but not
limited to, communications equipment and services; computer components
and accessories; dolls, toys and sporting goods; electrical parts,
accessories and equipment; electronic components, accessories and
equipment; jewelry and musical instruments; laboratory apparatus;
machinery, equipment and supplies; metal fabrication and machining;
office machines and equipment; optical instruments and products; precision
instruments; printing, publishing, shipping, packaging, mailing and
distribution; and similar products and services. Due to the nature
of the materials, equipment or process utilized, the operation is
to a considered measure clean, quiet, and fee of any objectionable
or hazardous elements.
[Added 12-11-2017 by Ord.
No. 206; amended 3-13-2023 by Ord. No. 238]
LIGHTING
A.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
B.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
C.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
LOADING SPACE OR UNIT
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings, for the temporary stopping
of commercial vehicles while loading or unloading merchandise or materials,
and which abuts upon an alley, street or other appropriate means of
access and which is not less than 12 feet wide, 60 feet in length
and 14 feet in height.
LOT
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated
and having its principal frontage on a public street or on such other
approved means of access.
LOT AREA
The area of a horizontal plane measured at grade and bounded
by the front, side and rear lot lines.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines.
LOT LINES
The lines bounding a lot, as defined herein.
LOT WIDTH
The horizontal distance across the lot between the side lot
lines, measured at the building line.
MATERIAL SALVAGE YARD
Any lot, site, parcel, building or structure or part thereof,
used for the storage, collection, processing, purchase, sale, salvage
or disposal of any scrap, waste, reclaimable material or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed, or other use or disposition
including but not limited to: unregistered, inoperable vehicles; tires;
vehicle parts; equipment; paper; rugs; metal; glass; household appliances;
machinery and building materials.
[Added 3-8-2004 by Ord. No. 135]
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is registered by the Department of Health under the Medical Marijuana
Act to dispense medical marijuana. The term does not include a health
care medical marijuana organization under Chapter 19 of the Medical
Marijuana Act.
[Added 12-11-2017 by Ord.
No. 206]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
is registered by the Department of Health under the Medical Marijuana
Act to grow and process medical marijuana. The term does not include
a health care medical marijuana organization under Chapter 19 of the
Medical Marijuana Act.
[Added 12-11-2017 by Ord.
No. 206]
MICRO WIRELESS FACILITY
A small wireless communications facility that:
[Added 12-13-2021 by Ord. No. 231]
A.
Does not exceed two cubic feet in volume; and
B.
Has an exterior antenna no longer than 11 inches.
MINERAL EXTRACTION
Includes all activity which removes from the surface or beneath
the surface of the land some material mineral resource, natural resource
or other element of economic value, excluding oil and gas, by means
of mechanical excavation or drilling necessary to separate the desired
material from an undesirable one; or to remove the strata or material
which overlies or is above the desired material in its natural condition.
Open pit mining includes, but is not limited to, the excavation necessary
to the extraction of sand, gravel, topsoil, limestone, sandstone,
coal, clay, shale and iron ore.
[Amended 9-12-2011 by Ord. No. 176]
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
[Added 11-13-2001 by Ord. No. 119]
MINI-WAREHOUSE
A building or group of buildings designated in a controlled
access and fenced compound that contains varying sizes of individual
compartments to be used exclusively for storing excess personal property.
MIXED-USE BUILDING
A two- or three-story building which houses nonresidential
uses, including retail shops and offices on the ground floor, and
uses within the upper floors that include residential uses.
[Added 12-11-2017 by Ord.
No. 206]
MIXED-USE DEVELOPMENT
A development in the C-2 Mixed Use District that blends residential and nonresidential uses, where those functions are physically and functionally integrated, and that provides pedestrian connections. See §§
195-97 through
195-100.
[Added 12-11-2017 by Ord.
No. 206]
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 OR MODULAR HOME PARK
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
MODIFICATION or MODIFY
The improvement, upgrade or replacement of a small wireless
communications facility or an existing utility pole that does not
substantially change, as defined in 47 CFR 1.6100(b)(7) (relating
to wireless facility modifications), the physical dimension of the
small wireless communications facility or utility pole.
[Added 12-13-2021 by Ord. No. 231]
MODULAR OR MANUFACTURED HOME
Two portable modular or sectional units designed and built
to be towed on their own separate chassis and permanently combined
on site to form a single immobile dwelling unit and having a minimum
of 900 square feet of habitable floor area. It shall be regarded as
a single-family detached dwelling, but may be located in a mobile
or modular home park at the discretion of the owner.
MONOPOLE
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 8-10-2015 by Ord.
No. 198]
MOTEL
An establishment providing sleeping accommodations with a
majority of all rooms having direct access to the outside without
the necessity of passing through the main lobby of the building.
[Amended 11-13-2001 by Ord. No. 119]
MULTIMUNICIPAL PLAN
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal plan as authorized by
the Pennsylvania Municipalities Planning Code, Act 247, as amended.
[Added 11-13-2001 by Ord. No. 119]
MULTIMUNICIPAL PLANNING AGENCY
A planning agency comprised of representatives of more than one municipality and constituted as a joint municipal planning commission in accordance with Article
XI of the Pennsylvania Municipalities Planning Code, Act 247, as amended, or otherwise by resolution of the participating municipalities, to address, on behalf of the participating municipalities, multimunicipal issues, including, but not limited to, agricultural and open space preservation, natural and historic resources, transportation, housing, and economic development.
[Added 11-13-2001 by Ord. No. 119]
MUNICIPAL POLE
A utility pole owned, managed or operated by or on behalf
of a municipality.
[Added 12-13-2021 by Ord. No. 231]
NATURAL GAS
A fossil fuel consisting of a mixture of hydrocarbon gases,
primarily methane, and possibly including ethane, propane, butane,
pentane, carbon dioxide, oxygen, nitrogen and hydrogen sulfide and
other gas species. The term includes natural gas from oil fields known
as associated gas or casing head gas, natural gas fields known as
nonassociated gas, coal beds, shale beds and other formations. The
term does not include coal bed methane.
[Added 2-9-2015 by Ord.
No. 191]
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
operating as a midstream facility for the delivery of oil and gas
to a transmission pipeline, distribution pipeline, natural gas processing
plant or underground storage field, including one or more natural
gas compressors, associated buildings, pipes, valves, tanks and other
equipment.
[Added 9-12-2011 by Ord. No. 176]
NATURAL GAS LIQUIDS
Hydrocarbons in natural gas which are separated from the
gas as liquids through the process of absorption, condensation, adsorption
or other methods in gas processing of cycling plants.
[Added 2-9-2015 by Ord.
No. 191]
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such
as ethane, propane, butane, and other constituents or similar substances
from natural gas to allow such natural gas to be of such quality as
is required or appropriate for transmission or distribution to commercial
markets, but not including facilities or equipment that are designed
and constructed primarily to remove water, water vapor, oil or natural
occurring liquids from natural gas.
[Added 9-12-2011 by Ord. No. 176]
NIGHTCLUB
A commercial establishment where the principal use is evening, late-night to early morning entertainment that typically serves food and/or alcoholic beverages, and may provide either live or prerecorded music or video, comedy acts, floor shows, and similar entertainment with or without the opportunity for dancing. A nightclub does not include a sexually oriented business. Nightclubs must comply with industrial and development performance standards set forth in §
195-137.13. See §
195-137.15.
[Added 4-11-2016 by Ord.
No. 203]
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 5-12-2003 by Ord. No. 129]
A.
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other
than family members residing in the dwelling.
C.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking or lighting. No significant
additional vehicular or pedestrian traffic to the residence shall
be created, nor shall the use require delivery by tractor trailer
trucks.
E.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
F.
The business activity may not generate any solid
waste or sewage discharge in volume or type which is not normally
associated with residential use in the neighborhood.
G.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
H.
The business may not involve any illegal activity.
J.
Permits shall be obtained in accordance with §
195-137.4B.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure not designed to comply
with the applicable use provisions of this chapter and/or its predecessor
zoning ordinances or any amendments hereafter enacted, where such
structure lawfully existed prior to the application of this chapter
or amendments. Such nonconforming structures include but are not limited
to nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
All non-tower wireless communications facilities, including,
but not limited to, antennas and DCUs. Non-tower WCFs shall not include
support structures for antennas or any related equipment that is mounted
to the ground or at ground-level, or on building roofs.
[Added 8-10-2015 by Ord.
No. 198]
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas or by specified sexual activities
may be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons who pay money or any form of
consideration.
[Added 1-12-1998 by Ord. No. 103]
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
[Added 1-12-1998 by Ord. No. 103]
NURSING HOME
A long-term facility or a distinct part of a facility licensed
or approved as a nursing home with skilled nursing care, including
an infirmary unit of a home for the aged or a governmental medical
institution.
[Amended 11-13-2001 by Ord. No. 119]
OFFICE PARK
A development on a tract of land that contains a number of
separate office buildings, accessory and supporting uses, and open
space designed, planned, constructed and managed on an integrated
and coordinated basis.
[Added 11-13-2001 by Ord. No. 119]
OFF-SITE SEWER SERVICE
A sanitary sewage collection system approved by the Township
in which sewage is carried from individual lot or dwelling units by
a system of pipes to a central treatment and disposal plant which
may be publicly or privately owned and operated.
OFF-SITE WATER SERVICE
A potable water distribution system approved by the Township
in which water is carried to individual lots or dwelling units by
a system of pipes from a central water source located beyond the limits
of the lot being served which may be publicly or privately owned and
operated.
OIL
Hydrocarbons in liquid form at a standard temperature of
60° F. and pressure of 14.7 PSIA; also referred to as "petroleum."
[Added 2-9-2015 by Ord.
No. 191]
OIL AND GAS OPERATION
Includes the following:
[Added 2-9-2015 by Ord.
No. 191]
A.
Oil and gas well location assessment, including seismic operations,
well site preparation, construction, drilling, hydraulic fracturing
and site restoration associated with an oil and gas well of any depth.
B.
Water and other fluid storage or impoundment areas used exclusively
for oil and gas operations.
C.
Construction, installation, use, maintenance and repair of:
(2)
Natural gas compressor stations;
(3)
Natural gas processing plants or facilities performing equivalent
functions.
D.
Construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in Subsections
A,
B and
C to the extent that:
(1)
The equipment is necessarily located at or immediately adjacent
to a well site, water impoundment area, oil and gas pipeline, natural
gas compressor station or natural gas processing plant; and
(2)
The activities area is authorized and permitted under the authority
of a federal or commonwealth agency.
OIL AND GAS WELL
Well site preparation, construction, operation, drilling,
hydraulic fracturing, and/or site restoration associated with oil
and gas wells of any depth; and the installation and use of all associated
equipment, including tanks, meters, and other equipment and structures,
whether permanent or temporary; and the site preparation, construction,
installation, maintenance and repair of oil and gas pipelines and
associated equipment.
[Added 2-9-2015 by Ord.
No. 191]
ON-SITE SEWER SERVICE
A single system of piping, tanks or other facilities approved
by the Township serving only a single lot and disposing of sewage
in whole or in part into the soil.
ON-SITE WATER SERVICE
A single system of piping, tanks or other facilities serving
only a single lot and obtaining the water either in whole or in part
from a primary source located within the limits of the lot being served.
OPEN SPACE
An unoccupied space open to the sky on the same lot with
the building or structure.
OPERATOR
The mineral extraction and oil and gas operation applicant,
and any well operator or operator as defined in the Oil and Gas Act, and including any and all subcontractors of such operator.
[Added 9-12-2011 by Ord.
No. 176; amended 2-9-2015 by Ord. No. 191]
OWNER
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
[Amended 11-13-2001 by Ord. No. 119]
PARKING SPACE
An off-street space having an area of not less than 200 square
feet, 10 feet wide by 20 feet deep, whether inside or outside of a
structure, for the temporary standing of automotive vehicles to be
used exclusively as a parking stall for one automotive vehicle plus
150 square feet used exclusively for turning and access to the parking
space.
PATIO
An outside surfaced area having no roof and no more than
three sides walled or fenced. For the purposes of this chapter, patios
are not considered as accessory structures.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
[Added 1-12-1998 by Ord. No. 103]
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
[Added 1-12-1998 by Ord. No. 103]
PERSONAL SERVICES
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel.
[Added 11-13-2001 by Ord. No. 119]
PET CREMATORY
An establishment containing a furnace designed to cremate
or reduce to ashes animal remains.
[Added 12-11-2017 by Ord.
No. 206]
PLACE OF WORSHIP (CHURCH)
A building regularly used as a place of religious worship
and education and/or teaching, but it shall not include rescue missions
or the occasional use for religious purposes of properties not otherwise
used.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district. A planned residential development
may include and shall be limited to:
A.
Dwelling units in detached, semidetached, attached
or multistoried structures or any combination thereof; and
B.
Those nonresidential uses deemed to be appropriate
by the Township Supervisors for incorporation in the design of the
planned residential development.
PLANNING COMMISSION
The duly constituted Planning Commission of the Township
of Brighton, Beaver County, Pennsylvania.
PLAT
A map, plan or layout of a subdivision indicating the location
and boundaries of individual properties.
PORCH (COVERED DECK)
A roofed over structure projecting from the front, side or
rear wall of a building. For the purpose of this chapter, a porch
or covered deck is considered a part of the principal building and
is not permitted to extend into any required yards.
PREMISES
Any lot, parcel or tract of land and any building constructed
thereon.
PRESERVATION OR PROTECTION
When used in connection with natural and historic resources,
includes to conserve and safeguard these resources from wasteful or
destructive use, but shall not be interpreted to authorize the unreasonable
restriction of forestry, mining or other lawful uses of natural resources.
[Added 11-13-2001 by Ord. No. 119]
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture natural resource and conservation services county soil
survey.
[Added 11-13-2001 by Ord. No. 119]
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)
Often referred to as "solar farm" or "commercial solar."
An area of land or other area used for a solar collection system principally
used to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use. A PSES consists of one or more freestanding ground- or roof-mounted
solar arrays or modules, solar panels or other solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers; substations;
electrical infrastructure; transmission lines and other appurtenant
structures.
[Added 8-9-2021 by Ord. No. 228]
PRINCIPAL USE
The major or dominant use of the lot on which it is located.
PRIVATE CLUB
An organization, including fraternal clubs, lodges, social clubs and recreational clubs, catering exclusively to members and their guests; or premises and buildings for recreation or athletic purposes which are not conducted primarily for gain, provided that any vending stands, merchandising or commercial activities are conducted only as required generally for the membership of such club. A sexual encounter center and sexually oriented business which are regulated under §
195-136 are specifically excluded from the definition of private club.
[Amended 5-12-2003 by Ord. No. 129]
PRIVATE (COMMERCIAL) RECREATION
An enterprise operated by other than a public agency for
profit, for the indoor or outdoor pursuit of leisure activities, sports
and recreation, including, but not limited to, miniature and par-3
golf courses, golf or batting practice facilities, playing fields,
racquet clubs, swimming pools, skating rinks and similar facilities.
[Amended 5-12-2003 by Ord. No. 129]
PRIVATE GREENHOUSE
A greenhouse, not to exceed 500 square feet, for private
use of the occupants of the principal use.
[Added 3-14-2022 by Ord. No. 232; amended 8-14-2023 by Ord. No. 240]
PROFESSIONAL OFFICE
Any office or business conducted by an individual or association,
including but not limited to engineers, lawyers, doctors, dentists,
architects, chiropractors and veterinarians who must be licensed under
the laws of the commonwealth.
PROTECTED STRUCTURE
Any occupied residence, commercial business, school, religious institution, or public building located within 1,000 feet of the surface location of any industrial or other use subject to §
195-137.13 that may be impacted by noise generated from such operations. The term shall not include any structure owned by an oil and gas lessor who has signed a lease or agreement with the operator granting surface drilling rights to drill the subject well, or whose owner has signed a waiver relieving the operator from implementation of the measures established in §
195-137.13 of the Township Code for the owner's or occupant's benefit.
[Added 9-12-2011 by Ord.
No. 176; amended 2-9-2015 by Ord. No. 191]
PUBLIC HEARING
A formal meeting open to the general public held pursuant
to proper public notice by the governing body or planning agency,
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."
PUBLIC (NONCOMMERCIAL) RECREATION
An enterprise operated by a public agency, available to the
general public, whether or not an admission fee is charged, including
either indoor or outdoor facilities for the pursuit of leisure activities,
sports and recreation, including but not limited to parks, playgrounds,
playing fields, golf courses, tennis courts, skating rinks, golf or
batting practice facilities, swimming pools and similar facilities;
and excluding campgrounds, campsites, and firing ranges.
[Amended 8-16-2016 by Ord. No. 204]
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall be not more than 30 days or fewer than seven days from the date
of the hearing.
PUBLIC RIGHT-OF-WAY
Land reserved for use as a road, street, alley, crosswalk,
pedestrian way or other public purposes.
PUBLIC USES
A building or use intended, designed and owned by the Township
or municipal authorities or as may be chartered by the Township to
provide fire, police or other municipal services, not to include public
or private schools.
PUBLIC UTILITY SYSTEMS
Within the terms of this chapter, utility systems shall be
defined as gas, electric, telephone and cable television and/or any
such service regulated by the Pennsylvania Public Utility Commission.
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
[Added 1-11-1999 by Ord. No. 107]
RECREATIONAL VEHICLE
A single axle or multiple axle structure mounted on wheels
or otherwise capable of being made mobile, either with its own motive
power or designed to be mounted on or drawn by an automotive vehicle
for the purpose of travel, camping, vacation and recreational use,
including but not limited to travel trailers, motor homes, tent trailers,
boats, boat trailers, pickup trucks or van campers and horse trailers,
but not including mobile homes.
REGIONAL PLANNING AGENCY
A planning agency that is comprised of representatives of
more than one county. Regional planning responsibilities shall include
providing technical assistance to counties and municipalities, mediating
conflicts across county lines and reviewing county comprehensive plans
for consistency with one another.
[Added 11-13-2001 by Ord. No. 119]
RELATED EQUIPMENT
Any piece of equipment related to, incident to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes, but is
not limited to, generators, base stations, sheds, and mounting platforms.
[Added 8-10-2015 by Ord.
No. 198]
RESEARCH AND DEVELOPMENT FACILITY
A research, testing or experimental laboratory for carrying
out investigations in the natural, physical or social sciences, engineering,
or biomedical fields.
[Added 12-11-2017 by Ord.
No. 206]
RESTAURANT
An establishment where the principal use is the serving of food to the general public and which may or may not serve alcoholic beverages for consumption on the premises. Restaurants must comply with industrial and development performance standards set forth in §
195-137.13.
[Added 11-13-2001 by Ord.
No. 119; amended 4-11-2016 by Ord. No. 203]
RIDING ACADEMY
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
RIGHT-OF-WAY
The area on, below or above a public roadway, highway, street,
sidewalk, alley, utility easement or similar property. The term does
not include a federal interstate highway.
[Added 12-13-2021 by Ord. No. 231]
RIGHT-OF-WAY LINE
A set of two parallel lines which denote an area of land
between them used for public access.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Township, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Township.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way. For the purpose of this chapter,
"ROW" shall include streets and roads owned by Beaver County, the
Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
[Added 8-10-2015 by Ord.
No. 198]
ROOSTER
A male chicken.
[Added 10-13-2014 by Ord. No. 189]
RURAL RESOURCE AREA
An area described in a municipal or multimunicipal plan within
which rural resource uses, including, but not limited to, agriculture,
timbering, mining, quarrying and other extractive industries, forest
and game lands and recreation and tourism, are encouraged and enhanced,
development that is compatible with or supportive of such uses is
permitted, and public infrastructure services are not provided except
in villages.
[Added 11-13-2001 by Ord. No. 119]
SAFETY FAN
An area designed to contain all projectiles fired on a firing
range.
[Added 12-12-2011 by Ord. No. 179]
SANITARY LANDFILL
A lot or land or part thereof, licensed by the commonwealth
and regulated by the Pennsylvania Department of Environmental Protection,
used primarily for the disposal of garbage, refuse and other discarded
materials, including but not limited to solid and liquid waste materials
resulting from industrial, commercial, agricultural and residential
activities. The operation of a sanitary landfill normally consists
of:
A.
Depositing the discarded material in a planned
controlled manner.
B.
Compacting the discarded material in thin layers
to reduce its volume.
C.
Covering the discarded material with a layer
of earth.
D.
Compacting the earth cover.
SAWMILLS or PLANING MILLS
Mills intended for the primary processing of timber or saw
logs into lumber and shall exclude any secondary processing of the
lumber thus produced.
SCHOOL, PRIVATE
A building or institutional use intended, designed, operated,
owned or leased by a person who charges a fee for those persons attending
said school facilities.
SCHOOL, PUBLIC
A building or institutional use intended, designed, operated
and owned by the Township's area school district.
SCREEN PLANTING
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
SELF-STORAGE/MINI-WAREHOUSE, EXTERIOR
A facility located in one or more buildings providing for
the rental or lease of individual separate-access enclosed storage
units accessed from the outdoors, where household items or recreational
equipment may be stored and retained by their owner, who shall have
direct access thereto without intermediate handling by the proprietor
of the facility. No sales, service, or repair activities other than
the rental of dead storage units is permitted on the premises.
[Added 3-13-2023 by Ord. No. 238]
SELF-STORAGE/MINI-WAREHOUSE, INTERIOR
A facility located in one building providing for the rental
or lease of individual separate-access enclosed storage units accessed
exclusively from indoor corridors, where household items or recreational
equipment may be stored and retained by their owner, who shall have
direct access thereto without intermediate handling by the proprietor
of the facility. No sales, service, or repair activities other than
the rental of dead storage units is permitted on the premises.
[Added 3-13-2023 by Ord. No. 238]
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps and devices.
[Added 1-12-1998 by Ord. No. 103]
SENIOR HOUSING
Residential uses designed for persons 55 and over, that satisfies
the exemption of 24 CFR 100, Subpart E, of Title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing Amendments Act
of 1988 and the Housing for Older Persons Act of 1995 (HOPA), and developed for private rental, publicly assisted rental, publicly assisted long-term lease, or condominium use. See §
195-137.17.
[Amended 3-12-2018 by Ord. No. 210]
SEXUAL ENCOUNTER CENTER
A business, commercial enterprise, or adult club, whether
or not for profit, that, as one of its primary business purposes,
offers for any form of consideration:
[Added 1-12-1998 by Ord. No. 103; amended 5-12-2003 by Ord. No.
129]
A.
Physical contact in the form of wrestling or
tumbling between persons of the same or opposite sex; or
B.
Activities between persons of the same or opposite
sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult club, adult motel, adult motion-picture theater, adult
theater, escort agency, nude model studio or sexual encounter center.
[Added 1-12-1998 by Ord. No. 103; amended 5-12-2003 by Ord. No.
129]
SHOTFALL ZONE
An area within which the shot or pellets contained in a shotgun
shell typically fall.
[Added 12-12-2011 by Ord. No. 179]
SIGN
Any surface, fabric, device or structure bearing lettered,
pictorial or sculptured matter intended, designed or used to convey
information visually and exposed to public view, which directs attention
to an object, product, place, activity, person, institution, organization
or business. The term "sign" does not apply to a flag, emblem or insignia
of a nation, political unit, school or religious group.
SIGN, BUSINESS
A sign which directs attention to a business, profession
or industry, located upon the premises where the sign is displayed,
to type of products sold, manufactured or assembled upon the premises
and/or to service or entertainment offered on said premises.
SIGN, FLASHING
Any illuminated sign or device in which the artificial light
is not maintained stationary and/or constant in intensity and color
at all times.
SIGN, GROSS SURFACE AREA OF
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign. All signs shall be limited to not
more than two faces. All area limitations shall be computed in square
feet. Each face of a double-face sign may equal the maximum size permitted
for the particular type of sign. When individual letters are used
separately on the surface of a building wall, the spaces between said
letters shall be included in computing the area of the sign.
SIGN, IDENTIFICATION
A sign used to identify only the name of the individual or
organization occupying the premises, the profession of the occupant,
the name of the building on which the sign is displayed and the address
of the property.
SIGN, MOVING
Any sign or any part thereof located on said sign which oscillates,
rotates or moves.
SIGN, NAMEPLATE
A sign used to identify only the name of the individual occupying
the premises and the address of the occupant.
SIGN, REAL ESTATE
A sign pertaining only to the rental, lease or sale of the
property on which it is located.
SIGN, SELF-SUPPORTING
A sign mounted on its own self-supporting structure and constructed
on a permanent base.
SMALL WIRELESS COMMUNICATIONS FACILITY
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider, that meet
the following qualifications:
[Added 12-13-2021 by Ord. No. 231]
A.
Each antenna associated with the deployment is no more than
three cubic feet in volume.
B.
The volume of all other equipment associated with the wireless
facility, whether ground-mounted or pole-mounted, is cumulatively
no more than 28 cubic feet. Any equipment used solely for the concealment
of the small wireless communications facility shall not be included
in the calculation of equipment volume under this definition.
SOLAR EASEMENT
A right, expressed as an easement, restriction, covenant,
or condition contained in any deed, contract, or other written instrument
executed by or on behalf of any landowner, for the purpose of assuring
adequate access to direct sunlight for solar energy systems.
[Added 8-9-2021 by Ord. No. 228]
SOLAR ENERGY
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
[Added 8-9-2021 by Ord. No. 228]
SOLAR ENERGY SYSTEM
A solar photovoltaic cell, module, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
[Added 8-9-2021 by Ord. No. 228]
A.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
B.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
C.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SOLAR PANEL
That part or portion of a solar energy system containing
one or more reception cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
[Added 8-9-2021 by Ord. No. 228]
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, module, or array,
or solar hot air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing and possibly foundations or other structures
used or intended to be used for collection of solar energy.
[Added 8-9-2021 by Ord. No. 228]
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Articles
VI and
IX of the Pennsylvania Municipalities Planning Code and the provisions of this chapter of the Brighton Township Codification of Ordinances.
[Amended 11-13-2001 by Ord. No. 119]
SPECIFIC PLAN
A detailed plan for nonresidential development of an area
covered by a municipal or multimunicipal comprehensive plan, which
when approved and adopted by the participating municipalities through
ordinances and agreements supersedes all other applications.
[Added 11-13-2001 by Ord. No. 119]
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
[Added 1-12-1998 by Ord. No. 103]
SPECIFIED SEXUAL ACTIVITIES
[Added 1-12-1998 by Ord. No. 103]
A.
Includes any of the following:
(1)
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection
with any of the activities set forth in Subsection A(1) through (3)
above.
B.
The term does not include any of the following:
(1)
Medical publications or films or bona fide educational
publications or films.
(2)
Any art or photography publications which devote
at least 25% of the lineage of each issue to articles and advertisements
dealing with subjects of art or photography.
(3)
Any news periodical which reports or describes
current events and which from time to time publishes photographs of
nude or seminude persons in connection with the dissemination of the
news.
(4)
Any publication or films which describe and
report different cultures and which from time to time publish or show
photographs or depictions of nude or seminude when describing cultures
in which nudity or seminudity is indigenous to the population.
STABLE, PUBLIC
A building in which any horses are kept or boarded for remuneration,
hire or sale.
STATE LAND USE AND GROWTH MANAGEMENT REPORT
A comprehensive land use and growth management report to
be prepared by the Center for Local Government Services and which
shall contain information, data and conclusions regarding growth and
development patterns in this commonwealth and which will offer recommendations
to commonwealth agencies for coordination of executive action, regulation
and programs.
[Added 11-13-2001 by Ord. No. 119]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 8-10-2015 by Ord.
No. 198]
STOOP
A covered or uncovered area at a front, side or rear door
not exceeding four feet by six feet or 24 square feet in area.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or if there is
no floor above it, then the space between any floor and the ceiling
next above it.
STORY, HEIGHT OF
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces; and, for the topmost story, from
the top of the floor finish to the top of the ceiling joists or, where
there is no ceiling, to the top of the roof rafters. A story shall
be a maximum of 12 feet.
STREET
A public way which affords principal means of access to abutting
properties.
STRUCTURE
A walled and roofed building that is principally above ground;
a manufactured or mobile home; a storage tank for gases or liquids;
or any other permanent, man-made facilities.
[Added 12-12-2011 by Ord. No. 179]
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means (including partition by a court among heirs) into two
or more lots, tracts, parcels or other divisions of land, including
changes in existing lot lines for the purpose, whether immediate or
future, of lease, transfer of ownership or building or land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access shall be exempted.
SUBSTANTIALLY CHANGE[Added 8-10-2015 by Ord. No. 198]
A.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth by the
Pennsylvania Wireless Broadband Collocation Act if necessary to avoid
interference with existing antennas; or
B.
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
SURFACE DANGER ZONE
Any area that may reasonably expect projectile impact resulting
from direct fire, including misdirected and accidental discharges,
and ricochets from any firearm or bow, which takes into consideration
all mitigation efforts as submitted by the applicant and determined
by a certified engineer.
[Added 12-12-2011 by Ord. No. 179]
SWIMMING POOL, PRIVATE
Any reasonably permanent pool or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than 24 inches. Farm ponds and/or lakes are not included, provided that swimming was not the primary purpose of their construction. (See Article
XV.)
SWIMMING POOL (TEMPORARY), PRIVATE
Pool or open tank containing or normally capable of containing water to a depth at any point greater than 18 inches erected on a property with a principal use for a period of time not to exceed 120 days, after which time it will be removed or placed within storage. See §
195-122.1.
[Added 5-12-2003 by Ord. No. 129]
TARGET LINE
A line parallel to the firing Line along which targets are
placed.
[Added 12-12-2011 by Ord. No. 179]
TECHNICALLY FEASIBLE
By virtue of engineering or spectrum usage, the proposed
placement for a small wireless communication facility or its design
or site location can be implemented without a material reduction in
the functionality of the small wireless communications facility.
[Added 12-13-2021 by Ord. No. 231]
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.
[Added 8-10-2015 by Ord.
No. 198]
TOWNSHIP
The Township of Brighton.
[Added 1-12-1998 by Ord. No. 103]
TRADITIONAL NEIGHBORHOOD DEVELOPMENT
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and are appropriately designed to serve the needs of pedestrians and
vehicles equally.
[Added 11-13-2001 by Ord. No. 119]
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
[Added 1-12-1998 by Ord. No. 103]
A.
The sale, lease or sublease of the business;
B.
The transfer of securities which constitute
a controlling interest in the business, whether by sale, exchange
or similar means; or
C.
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for the transfer by bequest or other operation of
law upon the death of the person possessing the ownership or control.
TRUCK/MOTOR FREIGHT TERMINAL
Any structure or land devoted principally to the servicing,
fueling, repair, storage, sales and leasing of trucks, busses, or
similar activities; or a facility or land designed or designated primarily
to handle freight with limited storage of freight for no more than
30 days, with secondary allowances for service, repair and storage
of vehicles involved in the normal operation.
[Added 3-13-2023 by Ord. No. 238]
UNCONVENTIONAL FORMATION
A geological shale formation existing below the base of the
elk sandstone or its geologic equivalent stratigraphic interval where
natural gas generally cannot be produced at economic flow rates or
in economic volumes except by vertical or horizontal well bores stimulated
by hydraulic fracture treatments or by using multilateral well bores
or other techniques to expose more of the formation to the well bore.
[Added 2-9-2015 by Ord.
No. 191]
UNCONVENTIONAL WELL
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation.
[Added 2-9-2015 by Ord.
No. 191]
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
USE, MIXED
The occupancy of a building or of a lot for more than one
use, such as both a business and a residential use; both an industrial
and a residential use, etc.
UTILITY FACILITY
As used within §
195-135, Wireless communication facilities: buildings, other structures and equipment owned or operated by a public utility, as defined in 66 Pa.C.S.A. § 102 (relating to definitions), to provide service.
[Added 12-13-2021 by Ord. No. 231]
UTILITY POLE
A pole or similar structure that is or may be used, in whole
or in part, by or for telecommunications, electric distribution, lighting,
traffic control, signage or a similar function or for co-location.
The term includes the vertical support structure for traffic lights
but does not include wireless support structures or horizontal structures
to which signal lights or other traffic control devices are attached.
[Added 12-13-2021 by Ord. No. 231]
VARIANCE
The permission granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised as required by
the appropriate municipal code, for an adjustment to some regulation
which if strictly adhered to would result in an unnecessary hardship
and where the permission granted would not be contrary to the public
interest and would maintain the spirit and original intent of this
chapter.
VILLAGE
An unincorporated settlement that is part of a Township where
residential and mixed use densities of one unit to the acre or more
exist or are permitted and commercial, industrial or institutional
uses exist or are permitted.
[Added 11-13-2001 by Ord. No. 119]
WATER IMPOUNDMENT
An open, earthen receptacle intended to store fresh water
or wastewater to supply one or more well site.
[Added 12-12-2011 by Ord. No. 178]
WBCA
The Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 8-10-2015 by Ord.
No. 198]
WIND ENERGY CONVERSION SYSTEM (WECS)
Any device such as a wind charger, windmill or wind turbine,
which converts wind energy to a form of usable energy. In the case
of commercial operation the term "wind energy conservation system
(WECS)" may include electric-generating facilities, substations, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities. A WECS shall not be attached to any building.
[Added 10-8-2007 by Ord. No. 154]
WINERY
A place/business where the crushing, fermenting, blending,
aging, storing, bottling and processing of grapes, fruits, vegetables
or honey occurs for the production of wine. "Winery" may include an
area for the consumption of wine.
[Added 8-9-2021 by Ord. No. 229]
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line-of-sight, cellular, personal communication services
(PCS), microwave, satellite, or radio signals.
[Added 8-10-2015 by Ord.
No. 198]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 8-10-2015 by Ord.
No. 198]
WIRELESS FACILITY
As follows:
[Added 12-13-2021 by Ord. No. 231]
A.
Equipment at a fixed location that enables wireless service
between user equipment and a communications network, including any
of the following:
(1)
Equipment associated with wireless services.
(2)
Radio transceivers, antennas, coaxial or fiber-optic cables,
regular and backup power supplies or comparable equipment, regardless
of technological configuration.
B.
The term includes a small wireless communications facility.
C.
The term does not include any of the following:
(1)
The structure or improvements on, under or within which the
equipment is co-located.
(2)
The coaxial or fiber-optic cables that are not immediately adjacent
to or directly associated with a particular antenna.
WIRELESS INFRASTRUCTURE PROVIDER
A person authorized by the Pennsylvania Public Utility Commission
to provide telecommunications service in this commonwealth that builds
or installs wireless communication transmission equipment, wireless
facilities or wireless support structures, but is not a wireless services
provider.
[Added 12-13-2021 by Ord. No. 231]
WIRELESS PROVIDER
A wireless infrastructure provider or a wireless services
provider.
[Added 12-13-2021 by Ord. No. 231]
WIRELESS SERVICES
Services, whether at a fixed location or mobile, using a
licensed or unlicensed spectrum, provided to the public using wireless
facilities.
[Added 12-13-2021 by Ord. No. 231]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that is primarily
constructed to support the placement or installation of a non-tower
wireless communications facility (i.e., antenna or DCU) if approved
by the Township.
[Added 8-10-2015 by Ord.
No. 198]
YARD
An unoccupied space open to the sky, on the same lot with
a building or structure. No portion of any principal or accessory
structure, as defined, shall project into any required yard except
as otherwise provided.
YARD, FRONT
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
right-of-way line and the front line of the building projected to
the side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the street right-of-way
line.
YARD, REAR
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot.
YARD, SIDE
An open unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
ZONING
The legal and administrative process whereby a municipality
divides its territory into districts and applies to each district
a number of regulations to control the use of land, the height and
bulk of buildings and the area of ground built upon.
ZONING HEARING BOARD
The Zoning Hearing Board of the Township of Brighton, as
duly constituted by and established pursuant to this chapter.
ZONING OFFICER
The individual authorized by the Township of Brighton to
be the administrator of the daily application of the provisions contained
in this chapter. The Zoning Officer shall hold no elective office,
have a working knowledge of zoning and meet the qualifications established
for the position by the Board of Supervisors.