The following words and phrases shall have the particular meaning
specified in the purpose of interpreting this chapter.
ACCESSORY USE OR STRUCTURE
A use or structure, located on the same lot with the principal
use or structure, that is subordinate and incidental to the principal
structure or use of the property and which may occupy a separate structure
and/or area on or in the ground, including but not limited to storage
sheds, garages, swimming pools, decks, fences, patios and similar
structures.
ADULT ARCADE
Any place where the public is permitted or invited wherein
coin-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 displayed are distinguished
or characterized by the depicting or describing of specified sexual
activities or specified anatomical areas, as defined herein.
ADULT BOOKSTORE
An establishment having a substantial or significant portion
of its stock-in-trade, including but not limited to video cassettes,
movies, books, magazines and other periodicals which are distinguished
or characterized by their emphasis on matters depicting, describing
or relating to sexual conduct or nudity, as defined by this chapter,
or an establishment with a segment or section devoted to the sale
or display of such material.
ADULT BUSINESS
An adult arcade, adult bookstore, adult live theater, adult
mini motion-picture theater, adult motion-picture theater, adult motel
or a nightclub featuring adult entertainment, as defined herein.
ADULT ENTERTAINMENT
Movies which are rated "X" by the motion picture coding association,
videos, still or motion pictures, photographs, slides, films or other
visual representations, books, magazines or other printed material
or live dramatic, musical or dance performances which are sexually
explicit or depict nudity or sexual conduct, as defined herein.
ADULT LIVE THEATER
Any commercial establishment which features live shows for
public viewing in which all, or some, of the performers are displaying
nudity or engaging in sexual conduct, as defined herein.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for accommodating less
than 50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct or nudity, as defined herein.
ADULT MOTEL
A hotel or motel presenting adult motion pictures by means
of closed circuit television, the material being presented having
as a dominant theme or presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct or nudity, as defined herein.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity for accommodating 50
or more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
conduct or nudity, as defined herein.
AGRICULTURE
The science and art of farming, the work of cultivating the
soil, producing crops and livestock.
ANIMAL HOSPITAL
An establishment for the medical or surgical treatment of
animals, including the boarding of hospitalized animals.
ANIMAL SHELTER
Any building or other structure which is used to enclose
and provide protection for livestock or domestic pets.
ARTERIAL STREET
A public street which serves large volumes of high-speed
and long-distance traffic. Streets classified as arterial in the Township
for the purposes of interpreting this chapter are: PA Route 88, PA
Route 837, Finleyville/Elrama Road, Venetia Road and Brownsville Road.
ASSEMBLY HALL
A room, hall or building used for lectures, meetings and
gatherings, other than a religious convocation.
BAR or TAVERN
A business which sells alcoholic beverages for consumption
on the premises as the principal use and which may offer food for
consumption on the premises as an accessory use.
BASEMENT
That portion of a building having at least 1/2 of its height
above the average grade of the adjoining ground.
BED-AND-BREAKFAST
A dwelling which is the principal residence of the operator
where no more than four sleeping rooms are offered to transient overnight
guests for compensation and where the only meal served and included
with the overnight accommodations is breakfast.
BILLBOARD
Any off-premises sign with a changeable advertising face
which advertises an establishment, person, activity, product or service
which is unrelated to or not available on the premises on which the
sign is located.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Union, Washington
County, Pennsylvania.
BOARDING STABLE
The keeping of horses and ponies owned by persons other than
the owner of the stable, or the rental of horses owned by the owner
of the stable for a fee or other form of compensation, which may include
training of horses, riding lessons and riding facilities.
BUFFER AREA
A landscaped area of a certain depth specified by this chapter
which shall be planted and maintained in trees, grass, ground cover,
shrubs, bushes or other natural landscaping material and shall consist
of a mix of types and sizes of plant material which, within three
years of planting, meets the standard of providing a compact year-round
visual screen at least six feet in height or an existing natural barrier,
such as vegetation and/or topography, which duplicates the effect
of the required buffer area.
BUILDING
Any structure having enclosing walls and roofs and having
a permanent location on the land. (See also "completely enclosed building.")
BUILDING AREA
The total of areas taken on a horizontal plane at the finished
grade level of the principal building and all accessory buildings,
excluding one-story uncovered porches, bay windows, balconies, terraces
and steps.
BUILDING FOOTPRINT
The area of a lot or a combination of lots, expressed in
square feet, that is covered by the ground floor of a building, measured
between the exterior faces of walls. If the floor area of any upper
floor of a building exceeds the ground floor by more than 10%, the
upper floor shall be used to determine the building footprint.
[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the decklines of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
BUILDING LINE, FRONT
A line parallel to or concentric with the front lot line,
the minimum measurement of which is the front yard depth required
by this chapter.
BUILDING SPACING
The minimum distance between two buildings on the same lot,
measured from the outermost wall or projection, excluding bay windows,
chimneys, flues, columns, ornamental features, cornices and gutters
which project beyond the wall of the building no more than two feet.
BUSINESS OR PROFESSIONAL OFFICES
Any office of recognized professions such as doctors, lawyers,
architects, engineers, real estate brokers, insurance agents and others
who, through training, are qualified to perform services of a professional
nature and other offices used primarily for accounting, corresponding,
research, editing or other administrative functions, but not including
banks or other financial institutions.
CARPORT
A structure to house or protect motor vehicles which is open
to the weather for at least 40% of the total area of its sides.
CAR WASH
A facility, whether automatic, semiautomatic or manual, for
washing and polishing vehicles.
CELLAR
That portion of a building having 1/2 or more of its height
below the average grade of the adjoining ground.
CEMETERY
Property used for interring of dead persons or domestic pets,
including mausoleums and columbariums but not including crematoriums
or family plots.
CHURCH
Any structure or structures used for worship or religious
instruction, including social and administrative rooms and day nurseries
accessory thereto, but not including any activity conducted for profit,
including chapels, cathedrals, temples, synagogues and the like.
CLINIC
Any establishment, including mobile diagnostic units, where
human patients receive medical, dental, chiropractic, psychological
and surgical diagnosis, treatment and counseling under the care of
a group of licensed medical doctors and dentists and their supporting
staff, where said patients are not provided with board or room or
kept overnight on the premises.
COLLECTOR STREET
A public street which, in addition to giving access to abutting
lots, intercepts local streets and provides a route for carrying considerable
volumes of local traffic to community facilities and arterial roads.
Streets classified as collector roads in the Township for the purposes
of interpreting this chapter are: Airport Road, Coal Bluff Road, Courtney
Road, Lobbs Run Road, McChain Road, McClelland Road, Mingo Creek Road,
Patterson Road and Stone Church Road.
COMMERCIAL COMMUNICATIONS TOWER
Any structure designed for transmitting or receiving radio,
television or telephone communications which is operated by any agency
or corporation, other than a public utility which is regulated by
the Public Utilities Commission (PUC) or which is operated by any
agency, franchisee or authority of Union Township, Washington County
or the Commonwealth of Pennsylvania or any police, fire, emergency
medical or emergency management agency.
COMPLETELY ENCLOSED BUILDING
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors which are designed so that they
may be closed and any other small openings required for the ventilation
system.
CONDITIONAL USE
A use authorized by this chapter which may be granted only
by the Board of Supervisors following review by the Planning Commission
and a public hearing subject to express standards and criteria contained
in this chapter.
CONSTRUCTION TRAILER, TEMPORARY
A structure designed, used or constructed to provide temporary
offices for construction supervision on the site of an approved subdivision
or land development during the time that a valid building permit or
grading permit is in effect.
CONTRACTING BUSINESS
The administrative offices of a business that provides landscaping,
construction, remodeling, home improvement, land development and related
services on a contractual basis and which may include the storage
of materials, equipment and vehicles, provided all materials, equipment
and vehicles are stored within a completely enclosed building.
CONTRACTOR'S YARD
An establishment which may or may not include administrative
offices for a business that provides landscaping, construction, remodeling,
home improvement, land development and related services on a contractual
basis, but which involves the storage, either indoors or outdoors,
of materials, equipment and vehicles used in the business.
CONVENIENCE STORE
A retail store selling food products and household supplies
for the convenience of the neighboring population.
CORNER LOT
A lot at the intersection of, and fronting on, two or more
street rights-of-way.
DAY-CARE CENTER
A facility, licensed by the commonwealth, located within
a building which is not used as a dwelling unit, for the care on a
regular basis during part of a twenty-four-hour day of children under
the age of 16 or handicapped or elderly persons.
DENSITY, NET
The total number of dwelling units per acre of land devoted
to residential use, including streets, parking areas and private open
space, yards or courts abutting and serving the dwellings, but exclusive
of those areas devoted to common open space and areas of the site
which have slopes of 25% or greater.
DOMESTIC PETS
Animals or birds customarily found in a dwelling and kept
for company or pleasure, including dogs and cats, provided there is
not a sufficient number to constitute a kennel, as defined herein;
hamsters; gerbils; parakeets; canaries and similar small animals or
birds, but not including any exotic animals such as lions, tigers,
bears, ocelots or other feral cats, large or poisonous snakes, alligators,
monkeys or other animals normally found in a zoo; nor any horses,
pigs, chickens or other fowl or livestock customarily found on a farm.
DRILLING
Specifically, any digging or boring of a new well to explore,
develop or produce oil, gas or other hydrocarbons or to inject gas,
water or any other fluid or substance into the earth and, in all cases,
any redrilling therein. This term shall not include any surveying
or staking related thereto of any property prior to any drilling as
defined herein.
[Added 7-26-2010 by Ord. No. 2010-3]
DRILLING EQUIPMENT
The derrick, all parts and appurtenances to such structure,
and every piece of apparatus, machinery or equipment used, erected
or maintained for use in connection with drilling.
[Added 7-26-2010 by Ord. No. 2010-3]
DRIVEWAY
A private vehicular way providing access between a street
and a parking area or garage located on a lot.
DRIVE-THROUGH FACILITY
Any principal use or accessory use which involves a window,
service lane, bay or other facility where customers are provided services
either inside or outside their vehicles and where cars may or may
not wait in line to access these services, including but not limited
to "drive-in" or "drive-through" windows at fast food restaurants,
banks or other businesses; exterior automated teller machines (ATMs);
quick-oil-change facilities, car washes and similar automotive services
and other such facilities.
DWELLING
A building designed exclusively as living quarters for one
or more families, including single-family, two-family and multifamily
dwellings, but not including hotels, motels or boardinghouses.
DWELLING TYPES
The following dwelling types are included in this chapter:
A.
SINGLE-FAMILY DWELLINGA detached residential building which is the only principal structure on the lot, designed exclusively for occupancy by one family, as defined herein, and containing one dwelling unit.
B.
TWO-FAMILY DWELLINGA residential building which is the only principal structure on the lot, designed exclusively for occupancy by two families living independently of each other, and containing two dwelling units, each with a separate entrance directly to the outside, including double houses and duplexes.
C.
MULTIFAMILY DWELLINGA residential building designed exclusively for occupancy by three or more families living independently of each other and containing three or more dwelling units, including garden apartments and townhouses.
D.
GARDEN APARTMENTA multifamily residential building no more than three stories in height containing three or more dwelling units which share a common entrance to the outside, usually through a common corridor, and which dwelling units may have other dwelling units either above or below them.
E.
GROUP CARE FACILITYA facility licensed by the commonwealth which provides room and board and specialized services for any number of permanent residents who are not included in the protected classes covered by the Fair Housing Act (42 U.S.C. § 3601 et seq.) and persons of any age or condition who have been adjudicated by the criminal court system and who are in need of supervision and specialized services on a twenty-four-hour basis, including staff qualified by the sponsoring agency, who may or may not reside at the facility and who provide health, social and rehabilitative services to the residents. The services shall be provided only by a governmental agency, its licensed or certified agents or any other responsible nonprofit social services corporation, and the facility shall meet all minimum requirements of the sponsoring agency.
F.
MODULAR DWELLINGA single-family dwelling which is delivered to its site in at least two sections that are set upon a permanent foundation and the sections joined together. Such dwellings shall be certified as meeting the minimum standards for modular dwelling manufactured housing in Pennsylvania and shall be at least 20 feet wide for the entire length when assembled. Modular dwellings shall be permitted wherever single-family dwellings are allowed, provided they are installed on a permanent foundation and connected to all available utilities.
G.
PERSONAL CARE BOARDINGHOMEA dwelling licensed by the commonwealth, where room and board is provided to more than three permanent residents who are not relatives of the operator, and who are mobile or semimobile and require specialized services for a period exceeding 24 consecutive hours in such matters as bathing, dressing, diet and medication prescribed for self-administration, but who are not in need of hospitalization or skilled nursing care or intermediate nursing care.
H.
TOWNHOUSEA multifamily residential building no more than 2 1/2 stories in height which contains at least three but no more than eight dwelling units, each of which are separated from the adjoining unit or units by a continuous, unpierced vertical wall extending from the basement to the roof, each unit having independent access directly to the outside and having no other units above or below.
I.
TRANSITIONAL DWELLINGA dwelling unit occupied on a short-term basis by persons assigned by a court of law or public, semipublic or nonprofit agency, and managed by a public, semipublic or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration, prison assignment, house arrest or other court-ordered treatment, and other such short-term supervised assignments.
DWELLING UNIT
Two or more rooms designed for or occupied by one family
only and containing sleeping facilities, cooking and food storage
facilities and, in a separate room, toilet and tub or shower, with
hot and cold water supply, all for the exclusive use of the family
occupying the dwelling unit.
EASEMENT
A grant of the specified use of a parcel of land to the public,
a corporation or person, in which no permanent structures shall be
permitted without the permission of all parties having rights to the
easement.
EROSION
The removal of surface materials by the action of natural
elements.
ESSENTIAL SERVICES
The provision by continuous conduit of distribution and collection
systems, by public utilities regulated by the Public Utilities Commission
(PUC) or any agency, franchisee or authority of Union Township, of
underground or overhead gas, electrical, telephone, steam or water
lines; sewers; fire alarm boxes; traffic signals; hydrants; cable
TV (not including towers) and accessories in connection therewith,
reasonably necessary to furnish adequate services within Union Township
to the general public.
FAMILY
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that three or more persons
living together in a single dwelling unit who are not related by blood,
adoption or marriage do not constitute the functional equivalent of
a traditional family. In determining the functional equivalent of
a traditional family, one or more of the following criteria shall
be present:
A.
The group shares the entire dwelling unit.
B.
The group lives and cooks together as a single housekeeping
unit.
C.
The group shares expenses for food, rent, utilities or other
household expenses.
D.
The group is permanent and stable, and not transient or temporary
in nature.
E.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
FAMILY DAY-CARE HOME
A facility, licensed or approved by the commonwealth, as
required by the laws of the commonwealth, located within a dwelling,
for the care on a regular basis during part of a twenty-four-hour
day of not more than six children under 16 years of age, including
care provided to children who are relatives of the provider, where
such use shall be secondary to the use of the dwelling for living
purposes.
FAMILY PLOT
Any property used for interring dead persons or domestic
pets, the use of which is restricted to the members of a family and
which property is owned and operated by the members of that family.
FENCE or WALL
A structure designed for the purpose of enclosing space or separating parcels of land. The term "fence or wall" shall not include retaining walls which are designed and approved in accordance with Chapter
135, Grading, of the Code.
FINANCIAL INSTITUTION
A bank, savings and loan association or similar institution
that lends money or is engaged in a finance-related business.
FLOODPLAIN
Areas adjoining the Monongahela River and any streams, ponds
or lakes subject to the one-hundred-year-recurrence-interval flood
as delineated by the United States Army Corps of Engineers or subject
to erosion caused by a one-hundred-year-recurrence-interval flood,
as well as any areas identified in the future by anyone else expert
and experienced in the preparation of hydrological studies and the
determination of flood lines, subject to the review and approval of
a professional engineer selected by the Township.
GARAGE, PRIVATE
An accessory building or a portion of the principal building,
enclosed on not less than three sides, not being accessible to the
general public, and designed or used for shelter or storage of private
vehicles and personal property of the occupants of the principal building.
GARAGE, PUBLIC
A building, other than a private garage, containing two or
more parking spaces accessible to the general public, used for the
storage or parking of motor vehicles or where such vehicles are kept
for remuneration, hire or sale, but not including the repair of vehicles
or the storage of dismantled or wrecked motor vehicles or junk, as
defined by this chapter.
GARDEN NURSERY
A retail establishment that sells flowers, plants, trees
and other natural flora and products which aid their growth and care,
and which may include a greenhouse or the growing of plant material
outside on the lot.
GOLF COURSE
A recreational facility which has a course for playing golf
as its principal use and which may have a clubhouse, locker rooms,
restaurant, swimming pool, pro shop, facilities for racquet sports,
maintenance facilities and similar facilities as accessory uses.
GREENHOUSE
The indoor raising of plants, shrubs and trees for sale and
transplantation.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building measured between exterior faces of walls.
HEALTH CLUB
A commercial recreational enterprise or private club which
has as a principal use a gymnasium, swimming pool or other sports
facility and which may offer massages, whirlpool baths, steam rooms,
saunas and/or medical facilities as accessory uses to the principal
use.
HEIGHT OF STRUCTURE
The vertical distance measured from the average elevation
of the finished grade around the structure to the highest point on
the structure.
HOME GARDENING
The growing of flowers, plants or vegetables for consumption
by the persons residing on the premises, including backyard composting
for personal use and noncommercial greenhouses not exceeding 150 square
feet in gross floor area.
HOME OFFICE
A home occupation, as defined below, including, but not limited
to, an office of an attorney, architect, engineer or similar recognized
profession or the office of a realtor, insurance agent, investment
counselor, manufacturer's representative, broker or similar service,
where customers or clients do not routinely visit the premises and
where no one who is not a resident of the dwelling is employed on
the premises.
HOME OCCUPATION
An accessory use of a service character, conducted entirely
within a dwelling by the residents thereof, which use is clearly secondary
to the use of the dwelling for living purposes and does not, in any
way, change the character of the dwelling.
HOSPITAL
An establishment licensed by the commonwealth for the care
of human patients suffering from physical or mental illnesses, and
which may or may not include facilities for major surgery, and which
may be publicly or privately operated.
IMPERVIOUS SURFACE
Surfaces with a coefficient of runoff greater than 0.85,
including all buildings, parking areas, driveways, streets, sidewalks
and areas paved in concrete and asphalt and any other areas determined
by the Township Engineer to be impervious within the meaning of this
definition.
INDOOR AMUSEMENT
A theater, arena, bowling alley, pool hall, skating rink
or similar cultural or recreational facility located within a completely
enclosed building, excluding those facilities which are accessory
to a church or school.
JUNKYARD
Any premises devoted wholly or in part to the storage, buying
or selling, salvaging, recycling or otherwise handling or dealing
in scrap metals, building materials, scrapped or used appliances or
other household goods, fixtures, vehicles and vehicle parts, machinery
and machinery parts or other forms of discarded materials.
KENNEL
A structure and/or premises where four or more dogs or cats
or any combination of dogs and cats totalling four or more animals
which are six months or older are kept, bred, trained or boarded at
any one time, whether for profit or not.
LAKES AND PONDS
Natural or artificial bodies of water which retain water
year round. Artificial ponds may be created by dams or result from
excavation. The shoreline of such water bodies shall be measured from
the maximum condition rather than permanent pool if there is any difference.
Lakes are bodies of water two or more acres in surface area; ponds
are bodies of water less than two acres in surface area.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots,
tracts or parcels for any purpose involving:
A.
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively; or
B.
A single nonresidential building on a lots or lots regardless
of the number of occupants or tenure, including any change of use
or structural alteration which results in an increase in total lot
coverage by structures and/or paving of 5,000 square feet or more;
or
C.
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.
LAND DEVELOPMENT PLAN
A plan prepared in accordance with the application requirements of Chapter
242, Subdivision and Land Development, of the Code for approval of a land development, as defined herein.
LANDFILL
Any site licensed by the Pennsylvania Department of Environmental
Protection (PA DEP) for the disposal of solid waste, other than hazardous
waste, as defined and regulated by federal statute.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LANDSCAPING PLAN
A plan prepared by a person knowledgeable in the characteristics
of plant materials and the proper techniques for installing and maintaining
them, including a registered architect or landscape architect or a
member of the American Nurserymen's Association, identifying
each tree and shrub by size, type and scientific name; the location
of each, including a planting diagram; and such other diagrams or
reports as are necessary to show the method of planting, staking and
mulching, grass seeding specifications and mixtures and existing trees
to be preserved, if any.
LANDSLIDE SUSCEPTIBILITY
Areas of moderate to high susceptibility to landsliding produced
by the influence of natural and/or man-made activity.
LARGE-SCALE COMMERCIAL BUILDING
Any nonresidential structure or combination of nonresidential
structures on a single site that exceeds a building footprint of 50,000
square feet.
[Added 5-12-2008 by Ord. No. 2008-4]
LARGE-SCALE RETAIL ESTABLISHMENT
A retail establishment (also including grocery stores, auto
supply stores, building supply stores, etc.), or any combination of
retail establishments in a single building with: 1) a building footprint
of 50,000 square feet or more (including outdoor display and sales
areas), 2) a gross square footage of 80,000 feet or more (including
outdoor display and sales areas), or 3) multiple retail establishments
in separate but abutting buildings, reviewed as one site plan, with
a combined building footprint of 100,000 square feet or more (including
outdoor display and sale areas) (also known as "big-box" retail or
superstores).
[Added 11-9-2015 by Ord.
No. 2015-03]
LIGHT MANUFACTURING
The processing and fabrication of certain materials and products
where no process involved will produce noises, vibration, water pollution,
fire hazard or noxious emissions which will disturb or endanger neighboring
properties. Light manufacturing includes, but is not limited to, the
production of the following goods: home appliances, electrical instruments,
office machines, precision instruments, electronic devices, timepieces,
jewelry, optical goods, musical instruments, novelties, wood products,
printed material, lithographic plates, type composition, machine tools,
dies and gauges, ceramics, apparel, lightweight nonferrous metal castings,
film processing, light sheet metal products, plastic goods, pharmaceutical
goods, food products, not including animal slaughtering, curing or
rendering of fats, and similar activities.
LIVESTOCK
Any member of the bovine or equine species, including but
not limited to cows, steers, horses and ponies.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law to be used, developed or built
upon as a unit.
LOT OF RECORD
Any lot which, individually or as part of a subdivision,
has been recorded in the office of the Recorder of Deeds of Washington
County.
LOT AREA
The total area within the lot lines, excluding the area within
any street right-of-way.
LOT COVERAGE
That percentage of the lot area covered by the principal
building or buildings and all accessory buildings and structures,
including, but not limited to, decks, swimming pools, storage sheds,
garages and similar structures.
LOT, DEPTH OF
The mean distance from the street right-of-way line to its
opposite rear lot line, generally measured parallel to the side lot
lines.
LOT FRONTAGE
That portion of the lot which adjoins the street right-of-way
or through which access is provided to a public street.
LOT LINE
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or other public space.
LOT LINE, FRONT
That lot line which is contiguous with the street center
line or the street right-of-way line. In the case of a lot which has
no frontage on a street, the front lot line shall be the lot line
through which vehicular access is provided, regardless of which way
the dwelling faces.
LOT LINE, REAR
That lot line which is generally opposite the front lot line.
LOT LINE, SIDE
Any lot line which is not a front lot line or rear lot line.
LOT WIDTH
The straight line distance between the point of intersection
of the front building line with the side lot lines.
MANUFACTURING
The mechanical or chemical transformation of raw materials
or substances into new products or other raw materials, including
the assembling of component parts, the manufacturing of products and
the blending of materials into finished or semifinished products.
MEDIATION
A voluntary negotiating process in which parties to 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.
MINERAL REMOVAL
Any extraction of any mineral for sale or other commercial
purpose which involves removal of the surface of the earth or exposure
of the mineral or subsurface of the earth to wind, rain, sun or other
elements of nature. The term "mineral" includes, but is not limited
to, anthracite and bituminous coal, lignite, limestone and dolomite,
sand, gravel, rock, stone, earth, slag, ore, vermiculite, clay and
other mineral resources, including mining activities carried out beneath
the surface of the earth by means of shafts, tunnels or other underground
mine openings.
MINI WAREHOUSE or SELF-STORAGE FACILITY
A building or group of buildings in a controlled-access and
fenced compound that contains various sizes of individual, compartmentalized
and controlled-access stalls and/or lockers leased to the general
public for a specified period of time for the dead storage of personal
property.
MISCELLANEOUS IMPACT STUDIES
Studies that may be prepared by the appropriate engineers,
consultants, experts, etc., at the discretion of the Board of Supervisors.
[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel, or contiguous parcels, of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
MOTEL/HOTEL
An establishment which offers transient overnight lodging
accommodations to the general public and which also may provide additional
supporting services such as restaurants, meeting rooms, recreation,
facilities and living quarters for a resident manager or proprietor.
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 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 7-26-2010 by Ord. No. 2010-3]
NATURAL GAS FACILITIES
Any facilities not mentioned herein and related to natural
gas development must comply with the conditional use requirements
herein.
[Added 7-26-2010 by Ord. No. 2010-3]
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/is designed
and constructed primarily to remove water, water vapor, oil or naturally
occurring liquids from natural gas.
[Added 7-26-2010 by Ord. No. 2010-3]
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:
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, signs or lights.
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.
NONCONFORMING LOT
Any lot, the area or dimension of which was lawful prior
to the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure which does not comply
with the applicable area and bulk provisions of this chapter or amendment
heretofore or hereafter enacted, where such structure lawfully existed
prior to the enactment of this chapter or an amendment thereto or
prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or an amendment thereto or
prior to the application of this chapter or amendment to its location
by reason of annexation.
NUDITY
The appearance of a human bare buttock, anus, male or female
genitals or female breast.
NURSING HOME
An institution licensed by the commonwealth for the care
of human patients requiring skilled nursing or intermediate nursing
care, but not including facilities for major surgery or care and treatment
of drug or alcohol addiction.
OFFICES
See "business or professional offices."
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane gas,
propane, butane and/or any other constituents or similar substances
that are produced by drilling a well of any depth into, through and
below the surface of the earth.
[Added 7-26-2010 by Ord. No. 2010-3]
OIL AND GAS DRILL SITE
The oil and gas drill site shall consist of the area occupied
by the facilities, structures, and equipment necessary for or incidental
to the drilling, production or operation of an oil or gas well.
[Added 7-26-2010 by Ord. No. 2010-3]
OPEN SPACE
An area of land or water on a development site in which no
structures are permitted and which is set aside for the use and enjoyment
of the general public or the owners and tenants of property which
adjoins the open space.
PARKING AREA
A portion of a lot designated for the parking of motor vehicles
in accordance with the requirements of this chapter.
PARKING SPACE
A portion of a garage or parking area designated for the
parking of one motor vehicle in accordance with the requirements of
this chapter.
PERSONAL SERVICES
Any enterprise providing services to persons, their apparel
or personal effects commonly carried on or about their person, including
but not limited to, shoe repair, tailoring, clothes cleaning, watch
repair, beauty shops, barbershops and the like.
PLANNING COMMISSION
The Planning Commission of Union Township, Washington County,
Pennsylvania.
PRESCHOOL FACILITY
An establishment which offers private educational services
to children who are under the minimum age for education in public
schools.
PRINCIPAL USE
The primary or predominant use to which the property is or
may be devoted and to which all other uses on the premises are accessory.
PRIVATE
Owned, operated or controlled by an individual, group of
individuals, association or corporation, not for profit and restricted
to members and their guests.
PRIVATE CLUB
Any establishment operated by a private organization for
social, recreational, educational, fraternal or sororal purposes,
which is open only to members and their guests and not to the general
public.
PRIVATE STABLE
The keeping of horses and/or ponies for personal use and
enjoyment of the residents of the lot, not involving any profit-making
activity.
PRIVATE STREET
A street, including the entire private right-of-way, which
is privately owned and maintained and which is intended for private
rather than public use.
PRIVATE-USE HELIPAD
A helicopter landing pad licensed by the Pennsylvania Department
of Transportation, Bureau of Aviation and regulated by the Federal
Aviation Administration, which is owned by a private entity and restricted
to use by helicopters owned by such entity.
PROTECTED STRUCTURE
Any occupied residence, commercial business, school, religious
institution or other public building located within 1,000 feet of
the surface location of a well that may be impacted by noise generated
from development. The term shall not include any well owned by an
oil and gas lessor who has signed a lease with the operator granting
surface rights to drill the subject well.
[Added 7-26-2010 by Ord. No. 2010-3]
PUBLIC
Owned, operated or controlled by a government agency, federal,
state, county or local.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. §
701 et seq. (October 15, 1998, P.L. 729, No. 93).
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC UTILITY INSTALLATION
Any administrative building, maintenance building, garage
or other structure intended for human occupancy or storage of movable
equipment or any part of the essential public utility installations,
as defined herein, provided by public utilities, regulated by the
Public Utilities Commission (PUC) or any agency, franchisee or authority
of Union Township, which is reasonably necessary to furnish adequate
services to the general public both within Union Township and outside
the Township, including, but not limited to, long distance transmission
facilities such as electrical power lines or high-pressure natural
gas or petroleum lines, switching facilities, substations and similar
facilities.
RECREATION, COMMERCIAL
An enterprise operated for profit by other than a public
entity, either indoors or outdoors, for the pursuit of sports, recreation
or leisure activities, including, but not limited to, such establishments
as miniature golf, golf or batting practice facilities, bowling alleys,
ice or roller rinks, playing fields, racquet clubs, swimming pools,
theaters, dance halls, amusement parks, amphitheaters and similar
facilities.
RECREATION, NONCOMMERCIAL
An enterprise operated by an individual, association or corporation,
other than a public entity, whether or not for profit, and whether
or not the facilities are advertised to the general public, including
sports, recreation or leisure activities, the use of which is limited
members and their guests, including, but not limited to, such establishments
as country clubs, golf courses, sportsmen's club, golf practice
facilities, playing fields, tennis or racquet clubs, swimming pools,
and similar facilities.
RECREATION, PUBLIC
An enterprise operated by a public entity, available to the
general public, whether or not an admission fee is charged, including
either indoor or outdoor facilities for the pursuit of sports, recreation
or leisure activities, including, but not limited to, parks, playgrounds,
playing fields, golf courses, golf or batting practice facilities,
ice rinks, tennis courts, swimming pools, and similar facilities.
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, mobile homes, motor
homes, tent trailers, boats, boat trailers, pickup campers, horse
trailers, snowmobiles, motorcycles and all-terrain vehicles.
REPAIR GARAGE
A building, or part thereof, used for the servicing and repair
of motor vehicles, including engine overhaul, body work and recapping/retreading
of tires, and where all storage of parts and dismantled vehicles and
all repair work are conducted entirely inside a "completely enclosed
building," as defined by this chapter.
REPAIR SHOP
A service establishment providing maintenance and repairs
of items that can be carried in by hand, including personal effects
(such as jewelry, watches, bicycles), small household appliances,
office equipment, small gasoline engines and similar items, but not
including repair of large appliances, motorized vehicles or heavy
equipment.
RESEARCH AND DEVELOPMENT
Any establishment, including laboratories, which carries
on investigation in the natural, physical or social sciences or engineering
and development as an extension of such investigation with the objective
of creating end products and which may include supporting storage
and transportation facilities.
RESTAURANT
An establishment which offers food and beverages for sale
and consumption either on or on and off the premises as the principal
use and may serve alcoholic beverages for consumption on the premises
as an accessory use.
RETAIL SALES
The sale on the premises of commodities and/or services directly
to consumers, but not including the manufacturing or processing of
any products.
RETIREMENT COMMUNITY
A residential development designed primarily or exclusively
for occupancy by elderly or retired persons and which features one
or more of the following special services associated with the needs
of elderly or retired persons, such as transportation, limited nursing
facilities, dispensaries, common dining facilities, minimum maintenance,
laundry service, recreation programs, personal services (such as beauty
salons and barbershops, or cleaner's valet service), florist
and/or gift shop, doctor's offices, branch bank, postal service
and similar services or facilities.
RIGHT-OF-WAY
Land set aside for use as a street, alley or other means
of travel, including existing and future rights-of-way, as defined
below. (See also "easement" with respect to utilities.)
A.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the commonwealth or other appropriate governmental authority and currently in use.
B.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary to provide adequate area or increased width for future street improvements.
SANITARY SEWER, PRIVATE
An on-lot disposal system providing for the disposal of effluent
for one building and its accessory building on a single lot, subject
to the approval of the Sewage Enforcement Officer.
SANITARY SEWER, PUBLIC
Any municipal or privately owned sewer system in which sewage
is collected from more than one lot and piped to an approved sewage
disposal plant or approved community treatment system, including capped
sewers which are installed to Township specifications.
SCHOOL, PUBLIC AND PRIVATE
An accredited institution of learning which offers elementary
and secondary level instruction or which offers associate, bachelor
or higher degrees in the several branches of learning required by
the Commonwealth of Pennsylvania.
SERVICE STATION, AUTOMOBILE
A retail establishment which provides for one or more of
the following activities:
A.
The servicing of motor vehicles and operations incidental thereto
and limited to one or more of the following activities: the retail
sale of petroleum products; retail sales and installation of automotive
accessories; automobile washing by hand; waxing and polishing of automobiles;
tire changing and repairing (excluding recapping); battery service,
changing and replacement, excluding repair and rebuilding; radiator
cleaning and flushing, excluding steam cleaning and repair; installation
of accessories; and state inspection; and/or
B.
The following operations, if conducted within a "completely
enclosed building" as defined by this chapter: lubrication of motor
vehicles; replacement of exhaust systems; brake servicing limited
to servicing and replacement of brake cylinders, lines and brake shoes;
wheel balancing; the testing, adjustment and replacement or servicing
of carburetors, filters, generators, points, rotors, spark plugs,
voltage regulators, water and fuel pumps, water hoses and wiring;
and/or
C.
The operation of a convenience food store, provided retail sale
of petroleum products is a part of the operation.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions or acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person be female, breast.
SIGN
Any structure or device used to attract attention by word
or graphic display.
SIGN, SURFACE AREA OF
The area enclosed by one continuous line, connecting the
extreme points or edges of an advertising panel containing letters;
or the sum of the areas of each letter, in the case of freestanding
letters which are mounted on a building wall rather than painted on
or affixed to an advertising panel. In the case of freestanding pole
or ground signs, this area shall not include the main supporting sign
structure, but shall include all other ornamental attachments and
connecting features which are not part of the main supports of the
sign. In the case of letters which are painted on or affixed to an
awning or canopy, rather than mounted on a wall or affixed to an advertising
panel, the area of the sign shall be the area of the geometric shape
formed by outlining the height and width of all of the letters, including
the space between the individual letters. For two-sided signs, only
one face is counted in computing the surface area.
SITE
A tract of land or one or more contiguous lots proposed for
development.
SITE AREA
The total area within the boundary lines of a site proposed
for development, expressed in acres or square feet.
SLAUGHTERHOUSE
An establishment where animals are butchered for human consumption
and where the meat is prepared and packaged for retail or wholesale
sales.
SLOPE
The degree of rise or descent of the land surface calculated
by dividing the number of feet of vertical rise/descent in elevation
by the number of feet of horizontal distance, expressed as a percentage.
SOLID WASTE DISPOSAL
The ultimate disposition of unwanted or discarded materials
from households and businesses, including garbage and nonrecyclable
materials with insufficient liquid content to be free flowing.
SPECIALTY RETAIL STORE
An establishment which has a gross floor area of 5,000 square
feet or less devoted exclusively to retail sales of distinctive and
high quality merchandise, including one or more of the following:
art and photography galleries or studios, antiques, books, boutique
items, candles, candy, cards and stationery, cut and dried flowers,
gifts, handicrafts, interior decorator items, leather goods, men's,
ladies' and children's apparel, pipes and tobacco and shops
of a similar nature.
SPECIALTY FOOD STORE
An establishment which has a gross floor area of 5,000 square
feet or less devoted to the sale of specialty or gourmet food items
or meats or groceries, which are packaged and which may or may not
be available for consumption on the premises.
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, excluding cellars.
STREET
A public or recorded private right-of-way which affords primary
means of vehicular access to abutting property, but not including
alleys.
STREET LINE
The legal right-of-way line which forms the dividing line
between the street and the lot.
STREET, PUBLIC
A public right-of-way dedicated and open for public use which
has been adopted by the Township, county, commonwealth or other governmental
body.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
STRUCTURAL ALTERATIONS
A change or rearrangement of the structural parts or in the
exit facilities, or an enlargement or diminution of the structure
whether by extending on the side or increasing the height or depth,
or the moving from one location or position to another.
SUBDIVISION
The division of a lot, tract or parcel of land by any means
into two or more lots, tracts or parcels or other division of land,
including any changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
SWIMMING POOL
Any body of water or receptacle for water having a depth
at any point greater than two feet and a surface area greater than
100 square feet, used or intended to be used for swimming or bathing
and constructed, installed or maintained outside any building.
TOWNHOUSE
See Subsection H under the definition of "dwelling types."
TOWNSHIP
The Township of Union, Washington County, Pennsylvania.
TRAFFIC IMPACT STUDIES
Mandated studies required to be submitted for all residential and nonresidential projects that generate in excess of 200 vehicle trips per average weekday, as calculated according to the most recent edition of the Institute for Transportation Engineers Trip Generation Manual. The requirements for such studies is contained in §
280-101G.
[Added 5-12-2008 by Ord. No. 2008-4; 11-9-2015 by Ord. No. 2015-03]
USE
The purpose, business or activity for which any land or structure
is utilized.
USE BY SPECIAL EXCEPTION
A use authorized by this chapter which may be granted only
by the Zoning Hearing Board following a public hearing subject to
express standards and criteria contained in this chapter.
VARIANCE
A departure from the specific regulations of this chapter
which may be granted by the Zoning Hearing Board in accordance with
the criteria established by the Pennsylvania Municipalities Planning
Code (Act 247, as amended) for a particular piece of property which,
because of special circumstances applicable to it, cannot be developed
in compliance with the literal terms of this chapter without undue
physical hardship.
VEHICLE ACCESSORIES SALES AND INSTALLATION
An establishment engaged in the retail sales and installation
of accessories for trucks, automobiles and motorcycles, including
but not limited to such items as tires, hubcaps, mirrors, seat covers,
floor mats, tonneau covers, truck caps, windshields, windshield wipers,
trim packages, running boards and the like, but not including any
mechanical parts.
VEHICLE RENTAL, SALES AND SERVICE
The rental, sales and service of automobiles, motorcycles
and trucks under 26,000 pounds GVW, but not including any heavy equipment
or any other vehicle or equipment which is not classified as a "motor
vehicle" under the Pennsylvania Motor Vehicle Code.
WAREHOUSE
A building used for the storage and handling of freight or
merchandise, but not including the maintenance or fueling of commercial
vehicles. Warehousing which is incidental to retail sales and which
does not constitute in excess of 30% of the total floor area of the
retail establishment shall be excluded from this definition.
WHOLESALING
An establishment engaged in selling merchandise to retailers,
institutional, commercial or professional business customers or other
wholesalers, rather than to the general public, or acting as a broker
for such merchandise sales.
WOODLANDS
Areas, groves or stands of mature or largely mature trees
which are greater than six inches in caliper (diameter) at a height
of 14 inches above the ground which cover a land area greater than
0.25 of an acre or any grove of more than 10 individual trees which
are mature, having a caliper (diameter) greater than 12 inches at
a height of 14 inches above the ground.
YARD
A required open space located on a lot which is unobstructed
by any portion of a principal structure, other than certain projections
expressly permitted by this chapter.
YARD, FRONT
A yard extending between side lot lines across the full lot
width from the street right-of-way line to a line parallel to the
front lot line the minimum horizontal distance required by this chapter.
YARD, SIDE
A yard extending from the required front building line to
the rear lot line parallel to the side lot line the minimum horizontal
distance required by this chapter.
YARD, REAR
A yard extending across the rear of the lot between the required
side yard lines parallel to the rear lot line the minimum horizontal
distance required by this chapter.
ZONING CERTIFICATE
A document issued by the Township Zoning Officer stating
that the proposed use of a particular structure, building or lot conforms
to the requirements of this chapter.
ZONING DISTRICT
An area accurately defined as to boundaries and location
on the Zoning District Map and within which area only certain types
of land uses are permitted and within which other types of land uses
are excluded, as set forth in this chapter.
ZONING DISTRICT MAP
The Official Map delineating the zoning districts of Union
Township, Washington County, Pennsylvania, together with all amendments
subsequently adopted, which is incorporated in and made a part of
this chapter by reference thereto.
ZONING HEARING BOARD
The Zoning Hearing Board of the Township of Union, Washington
County, Pennsylvania.
ZONING OFFICER
That person appointed by the Union Township Board of Supervisors
and charged with the responsibility of administering and enforcing
this chapter.