Township of Hempfield, PA Word Usage and Definitions

Definitions that are specific to the Traditional Neighborhood Overlay District, signs and timber harvesting appear at the beginning of Articles XV, XXII and XXIV, respectively.

For all other terms used throughout this chapter, the following definitions shall apply:

ABANDONED VEHICLE

An abandoned vehicle as defined by the Vehicle Code of the Commonwealth of Pennsylvania, as that definition may from time to time be amended.

ACCESS DRIVE

An internal street providing vehicular access between separate buildings, parking lots or parcels.

ACCESS DRIVEWAY

See "driveway."

ACCESSORY BUILDING

A subordinate building detached from but located on the same lot as the principal building.

(1)

An accessory building or use includes, but is not limited to, the following:

(a)

Children's playhouse, garden house or private greenhouse.

(b)

Civil defense shelter serving not more than two families.

(c)

Detached garage, storage shed or building for domestic storage.

(d)

Incinerator incidental to residential use.

(e)

Storage of merchandise normally carried in stock on the same lot with any commercial use unless such storage is excluded by the district regulations, except as provided in Subsection (2) below.

(f)

Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations, except as provided in Subsection (2) below.

(g)

Nonpaying guest house or rooms for nonpaying guests within an accessory building, provided that such facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units.

(h)

Servants' quarters or servants' house.

(i)

Off-street motor vehicle parking area; loading and unloading facility.

(j)

Sign.

(k)

Home office of a clergyman or minister of religion, situated in a dwelling unit which is the home of the practitioner, provided that not more than one assistant is employed, no colleagues or associates use such office, and no sign is used other than a nameplate.

(2)

The following shall not be considered as an accessory building or use:

(a)

Bus, full trailer, house trailer, modular housing unit, school bus, school vehicle, trailer, truck, truck-camper and truck tractor.

(b)

Railroad car.

(c)

Travel trailer, except as defined herein.

(d)

Shipping containers or any type of container used as a trailer previously attached to a tractor.

[Added 1-20-2016 by Ord. No. 2016-02]

ACCESSORY USE

A use customarily incidental and subordinate to the principal use and located on the same lot as the principal use.

ACRE/ACREAGE

Forty-three thousand five hundred twenty square feet.

AGRICULTURAL SUPPLY AND EQUIPMENT SALES

A use primarily engaged in the sale or rental of farm machinery, farm tools and implements, feed, grain, tack and animal-care products, and other farm supplies.

AGRICULTURE or AGRICULTURAL USE

Any farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal husbandry, and the necessary accessory uses for storing equipment, feed and products, but excluding animal feeding operations and concentrated animal feeding operations.

AIRPORT

Any area of land designed and set aside for the landing and take-off of aircraft, including all necessary facilities for passengers and the housing and maintenance of aircraft.

ANIMAL FEEDING OPERATION

An operation where animals have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period and where vegetation is not sustained in the confinement area during the normal growing season. An animal feeding operation that meets specific size and other thresholds is a concentrated animal feeding operation and is separately regulated under this chapter.

ANIMAL HOSPITAL

Any building or portion of a building used for the veterinary care, observation or treatment of domestic animals.

ANIMAL HUSBANDRY

The care and raising of domesticated farm animals, including but not limited to the following: alpaca, dairy cows, beef cattle, poultry, swine, horses (except private stables), ponies, mules, llamas, goats and sheep.

[Amended 1-20-2016 by Ord. No. 2016-02]

APARTMENT

See "dwelling."

ARBORETUM

A public or private park containing collections of primarily woody plants intended at least partly for scientific study.

ARTERIAL STREET or ARTERIAL

A public road intended to provide for high-speed travel between or within communities or to and from collector streets. Access is controlled so that only regionally significant land uses may take direct access to these streets. Arterial streets are described in the Comprehensive Plan and shall include, but not be limited to:

(1)

S.R. 0136; and

(2)

Towne Square Drive.

ART GALLERY

An establishment engaged in the sale, loan or display of painting, sculpture or other works of art.

ASSISTED LIVING FACILITY or PERSONAL CARE FACILITY

A facility licensed by the Commonwealth of Pennsylvania that provides a combination of housing, supportive services, personalized assistance and health care to individuals who need help with certain activities of daily living.

AUTO AUCTION

A business engaged in the acquisition and subsequent sale of motor vehicles through auction, public or private. Use includes warehousing and storage of motor vehicles pending sale; on-site minor automobile repairs; on-site mechanical and detail servicing; on-site test operation of motor vehicles; general office uses and other on-site uses incidental to the sale of motor vehicles. A junkyard operation or activity, salvage motor vehicle auction or pool operator, and/or a salvage yard shall not be considered an auto auction as herein defined.

[Added 11-23-2016 by Ord. No. 2016-12]

AUTOMOBILE REPAIR, MAJOR

A business engaged in engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; or overall painting of vehicles.

AUTOMOBILE REPAIR, MINOR

A business engaged in incidental repairs, replacement of parts, and motor service to automobiles, as well as state inspection, but not including any operation specified under "automobile repair, major" above.

AUTOMOBILE SALES

A business in which new or used automobiles, motorcycles, or other passenger vehicles in operating condition are sold or traded.

AUTOMOTIVE DISMANTLER AND RECYCLER

Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles parts, or both.

AVERAGE GRADE LEVEL

The average level of the finished surface of the ground adjacent to the exterior walls of a building.

BANK or FINANCIAL INSTITUTION

A freestanding building for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds. The definition includes a drive-up window or automated teller machine that is attached to the main bank building.

BANQUET FACILITY

An establishment which is rented by individuals or groups to accommodate private functions, including, but not limited to, banquets, weddings, anniversaries, and other similar celebrations. Such a use may or may not include:

(1)

Kitchen facilities for the preparation or catering of food;

(2)

The sale of alcoholic beverages for on-premises consumption, only during scheduled events and not for the general public; and

(3)

Outdoor gardens or reception facilities.

BED-AND-BREAKFAST

A lodging establishment, generally in a single-family dwelling or detached guest houses, primarily engaged in providing overnight or temporary lodging to the general public and in which the only meal served to guests is breakfast.

BOARD OF SUPERVISORS

The Board of Supervisors of Hempfield Township, Westmoreland County.

BUFFER, BUFFERYARD or BUFFER AREA

A strip of land with natural or planted vegetation that is located between uses of different character and is intended to mitigate negative impacts of the more-intense use on the other.

BUILDABLE AREA

The area of a lot remaining after the minimum setback and open space requirements of this chapter have been met.

BUILDING

A structure having a roof supported by columns or walls, for the shelter of persons, animals, chattels or property. When separated by walls which are common with the walls of adjoining dwellings, each portion of such structure shall be considered a separate building; provided, however, that those items listed in the definition of "accessory building," Subsections (1)(e), (1)(f) and (2), are not to be considered as buildings.

BUILDING HEIGHT

The vertical distance measured from the average grade level to the highest point of the deck of a flat roof or a mansard roof or to the mean elevation between the eaves and the ridge for gable, hip or gambrel roofs.

BUILDING LINE

The line of that face of the building nearest the front lot line. The face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include walks, steps or terraces.

BUS

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

CAMPING FACILITIES

An area of land, managed as a unit, providing short-term accommodation for tents, tent trailers, travel trailers, recreational vehicles and campers.

CARTWAY

That portion of a right-of-way that is improved and maintained for the use of vehicles.

CAR WASH

A building or part of a building where mechanical equipment is used for washing passenger vehicles. This definition may also include a self-service operation.

CASINO, CATEGORY 4

A facility, other than a racetrack and/or an off-track betting parlor, wherein wagering and other lawful gambling activity is conducted under Pennsylvania law. This use shall include any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices, are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with the State Lottery Law.[1] Category 4 casinos are limited to 750 slot machines and 30 table games.

[Added 10-22-2018 by Ord. No. 2018-07]

CEMETERY

Land used or dedicated to the burial of the dead, including crematoriums, mausoleums, and necessary sales and maintenance facilities.

CHICKEN (HEN)

A domesticated female chicken considered a chick, pullet or adult.

[Added 5-22-2023 by Ord. No. 2023-04]

CHICKEN COOP

Any fully enclosed and covered structure providing a predator-resistant shelter that is thoroughly ventilated, provides adequate sun and shade and all-season protection from the elements, designed to be easily accessed and cleaned, where backyard chickens live.

[Added 5-22-2023 by Ord. No. 2023-04]

CHICKEN RUN

A covered, secure enclosure that allows chicken hens access to the outdoors.

[Added 5-22-2023 by Ord. No. 2023-04]

CLEAR SIGHT TRIANGLE

A sight distance established in accordance with the rules and regulations of the Pennsylvania Department of Transportation.

CLIMATE-CONTROLLED INDOOR STORAGE FACILITY

A facility which makes available for rent to the public, multiple indoor storage units that avoid temperature extremes by keeping the storage units warmer than the outside temperature in cold weather, and/or cooler than the outside temperature in hot weather through the utilization of an HVAC or other mechanical system.

[Added 10-23-2017 by Ord. No. 2017-04]

CLUB

An establishment operated for social, athletic, recreational or educational purposes but open only to members and not the general public.

COLLECTOR STREET or COLLECTOR

A road designed for moderate traffic at reduced speeds and that provides access between an arterial street and a local road. Township roads classified as collectors are described in the Comprehensive Plan.

COLLEGE or UNIVERSITY

An educational institution authorized by the state to award associates', bachelors' or higher degrees.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, page, commercial mobile radio service or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include facilities used primarily for government, safety or emergency service uses; private-residence-mounted satellite dishes or television antennas; or amateur radio equipment, including, without limitation, ham or citizens' band radio antennas.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 25 square feet.

COMMUNICATIONS TOWER

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

COMPREHENSIVE PLAN

The multimunicipal plan, "A Plan for our Community," adopted in 2005 by the Township, the City of Greensburg, the Borough of South Greensburg and the Borough of Southwest Greensburg.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)

An animal feeding operation that meets the regulatory definition in 40 CFR 122.23(b)(4) or (6) of a large or medium CAFO or has been designated as a CAFO on a case-by-case basis by the Pennsylvania Department of Environmental Protection or by the United States Environmental Protection Agency.

CONSERVATION SUBDIVISION DESIGN or CONSERVATION SUBDIVISION

A method of residential development designed to preserve an interconnected corridor of open space and natural features. Conservation subdivisions are discussed in Article XIX of 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 is in effect.

[Added 11-23-2016 by Ord. No. 2016-12]

CONTRACTOR'S YARD

Land operated by or on behalf of a contractor for the storage of equipment, vehicles, or other materials commonly used in the contractor's business, including buildings or structures used as offices and repair facilities.

CURB CUT

A curb break for the purpose of gaining vehicular or pedestrian access between a street and abutting property.

DAY CARE AND NURSERY SCHOOL, MAJOR

A facility designed to provide daytime care or instruction for four or more children of preschool age.

DAY CARE AND NURSERY SCHOOL, MINOR

A facility designed to provide daytime care or instruction for no more than three children of preschool age who do not reside on the premises.

DISTRICT

See "zoning district."

DORMITORY

A structure specifically designed for long-term stay by students of a college, university, or other educational or nonprofit organization for the purpose of providing rooms for sleeping purposes. A common kitchen and gathering rooms may also be provided.

DRIVE-THROUGH FACILITY

A facility that dispenses products or services to patrons who remain in vehicles, whether attached to a building or freestanding, but excluding a drive-up window or automated teller machine that is attached to a bank or financial institution.

DRIVEWAY

An entrance or exit used by vehicular traffic to or from properties abutting a highway, street, lane, court or way.

DRIVING RANGE, STAND-ALONE

A public or private area operated for the purpose of developing golfing techniques, including a miniature golf course, that is not operated as part of a golf course.

DRY-CLEANING AND LAUNDRY PLANT

A building, portion of a building or premises used or intended to be used for cleaning fabrics, textiles, wearing apparel, or articles of any sort using chemical solvents.

DRY-CLEANING ESTABLISHMENT

An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.

DUPLEX

See "dwelling."

DWELLING

Any building or portion thereof, with a minimum of 600 square feet, which is designed for and/or occupied in whole or part as a residence for one or more families, not including hotels, boarding- or rooming houses, institutional homes or residence clubs. The following are specific structural types of dwellings:

[Amended 11-23-2016 by Ord. No. 2016-12]

(1)

DWELLING, SINGLE-FAMILY, DETACHEDA residential building containing one dwelling unit only, which is located on an individual lot with yards on all sides.

(2)

DWELLING, MULTIFAMILYA building containing two or more individual dwelling units. Multifamily dwellings shall include the following types:

(a)

SINGLE-FAMILY ATTACHEDA building containing two side-by-side dwelling units, each on its own lot and with direct access to the outside. The wall attaching the units shall be located on the side lot line separating the two lots.

(b)

DUPLEXA building, on a single lot, containing two dwelling units, either side-by-side or over one another, with each having its own access directly to the outside.

(c)

TRIPLEXA residential building designed containing three dwelling units, either side-by-side or over one another, or both, with each unit having its own access directly to the outside.

(d)

QUADPLEXA residential building containing four dwelling units, either side-by-side or over one another, or both, with each having its own access directly to the outside.

(e)

TOWNHOUSEA residential building containing three to eight dwelling units in a row connected by a party wall or walls, with the first floor and all stories directly above it as part of the same dwelling unit, and each having its own access directly to the outside.

(f)

APARTMENTA residential building containing three or more dwelling units, having access to the outside by way of a common entrance or entrances and a common interior hallway.

(3)

MANUFACTURED HOMEA structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 600 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. For the purpose of these provisions, a mobile home shall be considered a manufactured home.

(4)

MOBILE HOMEA transportable single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation. A travel trailer as defined herein shall not be considered a mobile home.

(5)

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 dwelling shall be certified as meeting the minimum standards for manufactured housing in Pennsylvania. 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.

DWELLING UNIT

One or more rooms in a residential building with a minimum of 600 square feet and with independent cooking and bathroom facilities, intended for occupancy by one family unit or person.

EASEMENT

An interest in real property generally established in a real estate document or on a recorded plat to reserve, convey or dedicate the use of land for a specialized or limited purpose without the transfer of fee title.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

FAMILY UNIT

[Amended 11-23-2016 by Ord. No. 2016-12]

(1)

A single person occupying a dwelling unit and maintaining a household.

(2)

Two or more persons related by blood or marriage, occupying a dwelling unit, living together and maintaining a common household.

(3)

Not more than six unrelated persons occupying a dwelling unit, living together and maintaining a common household.

(4)

This definition excludes occupants of a fraternity house, sorority house and a student home.

FARM MARKET/FARM RESTAURANT

A retail establishment operated by the owner of an active farm, located within the Township, for the sale or serving of products raised or produced on that farm, which may include, as an accessory use, the sale of related products produced elsewhere. This may also include the sale of fruits, vegetables, breads, eggs, milk, cheese, meat, flowers, and the like sold by persons who typically grow, harvest or process such items from their farm, which may either be the owners or other farms in the County of Westmoreland. A farm market/farm restaurant is permitted to serve meals or prepared refreshments to the public, provided that said farm market/farm restaurant is a retail establishment operated by the owner of an active farm located within the Township. Further, said farm market/farm restaurant shall comply with the parking provisions set forth in Article XXI, § 87-141A (Table 12) as it applies to a restaurant or tavern.

FENCE

A barrier constructed of allowable materials for the purpose of providing a boundary, preventing uncontrolled access, limiting visibility from adjoining streets or lots, or for decorative purposes. Walls constructed for these purposes are defined separately as "screening walls."

FIRE LANE

A driving lane, cartway, accessway or pad capable of supporting firefighting equipment and installed in accordance with the requirements of § 87-136C of this Code.

[Added 11-23-2016 by Ord. No. 2016-12]

FIRE STATION

A building used for firefighting equipment and firefighters.

FLOODPLAIN

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source. For the purpose of this chapter, the floodplain shall include the area regulated as floodplain under Chapter 49, Flood Damage Prevention, of the Code of the Township of Hempfield.

FOOTCANDLE

A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle and equal to one lumen per square foot.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting or selling trees for commercial purposes, which does not involve any land development.

FULL TRAILER

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

FUNERAL HOME or MORTUARY

An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals.

GAMELANDS

Land managed by the Pennsylvania Game Commission for wildlife habitat and public recreational purposes such as hunting, fishing and bird watching.

GARAGE, DETACHED

An accessory building used for the storage of motor vehicles.

GARDEN CENTER

A place of business where retail or wholesale plants, tools, gardening supplies and equipment, and lawn care supplies and equipment are sold to consumers. They may include nurseries and/or greenhouses.

GAS STATION

One or more buildings, premises or portions thereof which are used, arranged, designed or intended to be used for the retail sale of gasoline or other fuel for motor vehicles, boats or aircraft, as well as for automobile repair, minor, including state inspection.

GOLF COURSE

A lot, group of lots or portion of a lot used for the playing of golf, with tees, greens, fairways and hazards, and which may include a clubhouse, restrooms, a driving range and shelters as accessory uses.

GREENHOUSE

A building used for the growing of plants, all or part of which are sold at retail or wholesale.

GROCERY, LARGE

A retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies or exceeds 75,000 square feet of gross floor area.

GROCERY, MID-SIZE

A retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies between 25,000 and 75,000 square feet of gross floor area.

GROCERY, NEIGHBORHOOD

A retail establishment which primarily sells food, but also may sell other convenience and household goods, and which does not exceed 25,000 square feet of gross floor area.

GROSS FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building (or a single floor if the building occupies one floor), measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking areas, loading areas or any space where the floor-to-ceiling height is less than six feet.

HALFWAY HOUSE

A noninstitutional living arrangement with treatment and support services for persons with substance abuse problems or for inmates and parolees approaching parole release date or release from a corrections institution. The halfway house operates under the rules and regulations of the Pennsylvania Department of Health or Department of Corrections or similar authorities. The residents are provided full-time supervision and counseling on employment, vocations, finances, and community living.

HIGHWAY

A highway within this commonwealth designated by the Secretary of Transportation, a highway designated as a public road duly adopted by the Board of Supervisors of the Township of Hempfield, or an alley or a private road within the corporate limits of the Township of Hempfield.

HOME AND MOBILE HOME SALES AND DISPLAY

A facility where prefabricated homes or mobile homes are erected for display purposes only and from which orders can be placed for the purchase and delivery of such dwellings or their parts and accessories.

HORTICULTURE

The use of land for growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod.

HOSPITAL or REHABILITATION FACILITY

An institution, licensed by the State Department of Health, providing primary health services and medical or surgical care to persons on a primarily inpatient basis, and including, as an integral part of the institution, related facilities such as laboratories, staff offices, outpatient facilities and/or training facilities.

HOTEL

A building in which primarily temporary lodging is provided and offered to the public for compensation, in which ingress and egress to and from rooms is made from an inside lobby or office supervised by a person in charge at all hours, in contradistinction to a boardinghouse, lodging house or rooming house, and where incidental business may be conducted.

HOUSE TRAILER

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

IMPERVIOUS SURFACE

Any hard-surfaced, man-made area that does not readily absorb water, including, but not limited to, building roofs, parking areas, driveways, sidewalks and paved recreation areas.

INDOOR RECREATION, COMMERCIAL

Recreational facilities within a building or structure that are operated by a private, for-profit entity and for which a fee is charged for their use.

INDOOR RECREATION, PUBLIC

Recreational facilities within a building or structure that are operated by a public or nonprofit entity and for which a fee may or may not be charged for their use.

JUNKYARD

Any lot, land, structure or part thereof where any discarded materials or article may be stored, and shall include, but not be limited to, scrap metal; scrapped, abandoned or junked motor vehicles, in excess of one per lot; machinery; equipment; paper; glass; containers; and structures. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.

KENNEL

An establishment where four or more dogs, cats or other domestic animals, excluding livestock, over four months of age are kept, boarded, trained or bred.

LAKE or POND

A natural or man-made body of water which retains water year-round. A man-made body of water may be created by dams or result from excavation. A lake is a body of water two or more acres in area. A pond is a body of water less than two acres in area.

LAND DEVELOPMENT

Any of the following activities:

(1)

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

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

(b)

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.

(2)

A subdivision of land.

LANDFILL, SANITARY

A licensed disposal site for the burial of nonhazardous and nonmedical farm, residential, institutional, commercial or industrial waste.

LAUNDRY, SELF-SERVICE

A business that provides home-type washing, drying or ironing machines or dry-cleaning machines for hire to be used by customers on the premises.

LIBRARY

A public, nonprofit facility in which literary, musical, artistic or reference materials are kept for use by or loaning to the public, but are not normally offered for sale.

LOADING AREA

An unobstructed area not within the public right-of-way provided or maintained for the temporary parking of trucks or other vehicles for the purpose of loading and unloading goods, wares, materials and merchandise.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot shall not be used for the purposes of a street, roadway, easement or right-of-way to any abutting property.

[Amended 11-23-2016 by Ord. No. 2016-12]

LOT AREA

The total horizontal area within the lot lines of a lot.

LOT LINE

A line dividing one lot from another or from a street, also known as a "property line." Lot lines shall be further defined as front, side and rear, as depicted below:

LOT SIZE

See "lot area."

LOT WIDTH

The dimension of a lot, measured between the side lot lines at the building line.

MANUFACTURING, HEAVY

A use engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or a use having the potential to produce noise, dust, glare, odors, vibration, smoke or other noxious emissions beyond its lot lines.

MANUFACTURING, LIGHT

A use engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, or the indoor provision of industrial services, where no process involved will produce noise, dust, glare, odors, vibration, smoke or other noxious emissions beyond its lot lines.

MAXIMUM COVERAGE

That percentage of the lot area covered by principal and accessory use structures.

[Added 1-20-2016 by Ord. No. 2016-02]

MEDICAL CLINIC, OUTPATIENT

Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight.

MINERAL

Any aggregate or mass of mineral matter, whether or not coherent, including, but 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, crude oil and natural gas.

MINERAL EXTRACTION

The exploration for and extraction of minerals.

MINI-STORAGE FACILITY

A building or group of buildings divided into separate compartments used to meet temporary storage needs of individuals, organizations and businesses.

MIXED-USE BUILDING

A building containing both residential and nonresidential uses permitted in the district.

MOBILE HOME

A transportable single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation. A travel trailer, as defined herein, shall be considered a mobile home if occupied permanently.

MOBILE HOME LOT

A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for erection of a mobile home and leased to occupants by the park owners.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient uses, consisting of two or more mobile home lots.

MODEL HOME

A dwelling unit temporarily used for display purposes as an example of dwelling units available or to be available for purchase or rental in a particular subdivision or other residential development.

MODULAR DWELLING

See "dwelling."

[Added 11-23-2016 by Ord. No. 2016-12][2]

MOTEL

A building in which lodging is provided and offered to the transient public for compensation and in which egress and ingress to and from rooms may be made either through an inside lobby or office supervised by a person in charge at all times or directly from the exterior and wherein incidental business may be conducted.

MULTIFAMILY DWELLING

See "dwelling."

MUNICIPAL PARKING FACILITY

A facility for the parking of motor vehicles that is owned and managed by the Township.

MUNICIPAL, STATE OR FEDERAL BUILDING OR FACILITY

A building or facility constructed and occupied by local, state or federal governments or their agents.

MUSEUM

An institution devoted to the procurement, care, study, and display of objects of lasting interest or value.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use of a residential dwelling, 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, and which meets all of the requirements set forth in § 87-17 of this chapter.

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 reason of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance 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 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 to its location by reason of annexation.

NURSERY

Any land used to raise trees, shrubs, flowers, and other plants for sale or for transplanting.

OPEN SPACE

Land or water areas retained for use as active or passive recreation areas or for resource protection in an essentially undeveloped state.

OUTDOOR RECREATION, COMMERCIAL

Recreational facilities, not housed within a building or structure, operated by a private, for-profit entity and for which a fee is charged for their use.

OUTDOOR RECREATION, PUBLIC

Recreational facilities not housed within a building or structure that are operated by a public or nonprofit entity and for which a fee may or may not be charged for their use.

PARKING AREA or PARKING LOT

An area devoted to the off-street, temporary parking of vehicles, including parking spaces, aisles, access drives and landscaped areas. The term shall not include private garages or private residential parking of fewer than five spaces.

PERMIT, BUILDING

A certificate issued by the Zoning Officer for the construction, reconstruction, remodeling, alteration or repair of a building, structure or part thereof.

[Added 11-23-2016 by Ord. No. 2016-12]

PERMIT, OCCUPANCY

A permit issued upon completion of the construction of a building, or change in use of a building or a lot, indicating that the building complies with all applicable ordinances and that the building or lot may be used as set forth on the permit application.

[Added 11-23-2016 by Ord. No. 2016-12]

PERMIT, TEMPORARY OCCUPANCY

A permit issued upon substantial completion of the construction of a building, or change in use of a building or a lot, indicating that the building substantially complies with all applicable ordinances and that the building or lot may be used as set forth on the permit application.

[Added 11-23-2016 by Ord. No. 2016-12]

PERMIT, TEMPORARY USE

A certificate issued by the Zoning Officer, after approval by the Zoning Hearing Board, for the conduct of a use for a limited time period indicating the duration of the permit and indicating that all special requirements governing such use and all other applicable zoning requirements have been met.

[Added 11-23-2016 by Ord. No. 2016-12]

PERMIT, USE

A certificate issued by the Zoning Officer stating that the purpose for which a building or land is to be used is in conformity with all requirements of the Zoning Ordinance for the zoning district in which the use is situate.

[Added 11-23-2016 by Ord. No. 2016-12]

PERSON

Any natural person, association, partnership, firm or corporation.

PLACE OF WORSHIP

A building dedicated to religious worship, including a church, synagogue, temple, or assembly hall, and that may include such accessory uses as a nursery school, a convent, a monastery or a parish hall.

PLANNED SHOPPING CENTER, MAJOR

A commercial area consisting of retail businesses and other uses permitted in the district, designed as a unit, whether at one time or in phases, with adequate off-street free parking, usually consisting of several buildings, and having a gross leasable floor area of 100,000 square feet or more.

PLANNED SHOPPING CENTER, MINOR

A commercial area consisting of retail businesses and other uses permitted in the district, designed as a unit, whether at one time or in phases, with adequate off-street free parking, in one or more buildings, and occupying less than 100,000 square feet of gross leasable floor area.

PLANNING COMMISSION

The Planning Commission duly appointed by the Board of Supervisors.

POULTRY

Domestic fowl, such as chickens, turkeys, ducks, and geese.

[Added 5-22-2023 by Ord. No. 2023-04]

PRIME AGRICULTURAL LAND

Land used for agricultural uses that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resources Conservation Service County Soil Survey.

PRINCIPAL BUILDING

The building or portion thereof housing the principal use.

PRINCIPAL USE

The main or primary purpose for which a building, other structure and/or lot is designed, arranged or intended or for which it may be used, occupied or maintained under this chapter.

PRINTING FACILITY, BULK

A commercial facility engaged in printing or imprinting of text or images.

PROFESSIONAL OFFICE

The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers, among other professions.

PUBLIC UTILITY BUILDING

Any administrative office or service building operated by a public utility which does not meet the definition of an "essential service."

PUBLIC UTILITY/UTILITIES

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

(1)

Serve all members of the public upon reasonable request;

(2)

Charge just and reasonable rates subject to review by a regulatory body;

(3)

File tariffs specifying all of its charges; and

(4)

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

QUADPLEX

See "dwelling."

RECYCLING FACILITY

A facility that collects, separates and stores recyclable materials, such as newspaper, metal and glass, for shipment to others for remanufacture into new products.

RESEARCH AND TESTING LABORATORY

A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for manufacture or sale of products, except as incidental to the main purpose of the facility.

RESTAURANT, DRIVE-IN

An establishment where refreshments, meals or prepared foods may be obtained by the public; where customers thereof customarily arrive at the premises via motor vehicle; and where less than 90% of the persons served consume the food or drink served to them within the main building on the premises. This definition shall include, inter alia, such enterprises as drive-in ice cream or custard stands, hot or cold drink or sandwich establishments, and the like. It shall not include enterprises selling canned or bottled beverages, dairy stores or grocery stores, where such beverages or food products are sold in their original closed containers. Where more than 25% of the gross business of any establishment is covered under this definition, such establishment shall be considered a "drive-in restaurant" for purposes of this chapter.

RESTAURANT OR TAVERN, SIT-DOWN

A building where food and beverages are offered for sale to the public for consumption on the premises at tables or counters and, as an accessory use, may provide customers with take-out service of food and beverages for off-site consumption.

RETAIL BUSINESS, LARGE

An establishment selling goods, wares or merchandise directly to the consumer, occupying a building or group of buildings having 75,000 square feet or more of gross floor area.

RETAIL BUSINESS, MID-SIZE

An establishment selling goods, wares or merchandise directly to the consumer, occupying a building or group of buildings of between 10,000 and 75,000 square feet of gross floor area.

RETAIL BUSINESS, NEIGHBORHOOD

An establishment selling goods, wares or merchandise directly to the consumer, occupying a building or group of buildings having 10,000 square feet or less of gross floor area.

RETAINING WALL

A wall of four feet or more in height constructed for the purpose of stabilizing soil, retarding erosion, or terracing a lot or site.

RIGHT-OF-WAY

An area of land dedicated and publicly owned that can be used by the public for travel and for the location of public water lines, public sewer lines and utilities regulated by the Pennsylvania Public Utilities Commission.

RIPARIAN BUFFER

Area surrounding a watercourse that intercepts surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and functions to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. This area may also provide wildlife habitat, control water temperature, reduce flooding, and provide opportunities for passive recreation. The buffer area may or may not contain trees and other native vegetation.

ROOSTER

A male domestic chicken.

[Added 5-22-2023 by Ord. No. 2023-04]

SALVAGE MOTOR VEHICLE AUCTION OR POOL OPERATOR

A person who, on his own or as an agent for a third party, engages in business for the purpose of offering wrecked or salvaged motor vehicles through auction or private bid process to vehicle salvage dealers.

SALVAGE YARD

Any place where a salvor, a vehicle salvage dealer, a salvage motor vehicle auction or pool operator or where an automobile dismantler and recycler engages in business.

SALVOR

A person engaged in the business of acquiring abandoned vehicles for the purposes of taking apart, recycling, selling, rebuilding or exchanging the vehicle or the parts thereof and who is certified as a salvor pursuant to the certification provisions of the Commonwealth of Pennsylvania.

SCHOOL BUS

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

SCHOOL, ELEMENTARY OR SECONDARY

A public, private or parochial educational institution offering instruction in branches of learning and study required to be taught in the public schools of Pennsylvania.

SCHOOL, INSTRUCTIONAL

A facility where individual classes are offered by a private or nonprofit institution, usually for a fee, to children or adults in a classroom or studio setting. Such facilities shall include, but not be limited to, music and dance schools, language schools, tutoring services, technical schools and beautician schools.

SCHOOL VEHICLE

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

SCREENING WALL

A wall that encloses, marks or borders a yard or lot and that limits access and/or visibility from adjoining streets or lots.

SENIOR CITIZEN RESIDENTIAL COMMUNITY

A development having a combination of housing for persons 55 years of age and over, including the following: independent senior housing, which may be single-family dwellings or multifamily dwellings or a combination thereof; assisted living facilities, where permitted; and common facilities such as community centers, indoor recreation facilities and outdoor recreation facilities.

SERVICE BUSINESS

Any enterprise which primarily offers services related to personal needs to the general public, such as shoe repair, watch repair, barbershops, beauty parlors, nail salons and related activities.

SETBACK

The minimum distance by which any building or structure must be separated from a street or lot line.

SEWAGE TREATMENT PLANT

A facility designed for the collection, treatment, and disposal of waterborne sewage generated within a given service area.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, massage parlor, nude model studio, sexual encounter center, or other commercial establishment where adult entertainment is presented for money or other forms of consideration, or where viewing booths as the types specifically referred to herein are present.

[Amended 7-27-2020 by Ord. No. 2020-03]

SINGLE-FAMILY ATTACHED DWELLING

See "dwelling."

SINGLE-FAMILY DETACHED DWELLING

See "dwelling."

SKILLED CARE FACILITY

A private institution licensed by the Commonwealth of Pennsylvania providing twenty-four-hour supervision and care of the aged who are unable to care for themselves.

SLOPES

Those areas of land where the change in elevation over the horizontal distance between consecutive contour lines is 15% or greater. For the purposes of this chapter, slopes are divided into two categories:

(1)

"Moderate slopes" are those areas of land where the grade is from 15% to 25%.

(2)

"Steep slopes" are those areas of land where the grade is 25% or greater.

SOLAR ENERGY

Radiant energy (direct, diffuse, and reflected) received from the sun.

[Added 5-22-2023 by Ord. No. 2023-05]

SOLAR ENERGY SYSTEM

Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity, that may be mounted on a building or on the ground and is not the primary use of the property.

[Added 5-22-2023 by Ord. No. 2023-05]

SOLAR FARM

An installation or area of land in which a large number of photovoltaic (PV) solar panels are set up in order to generate electricity.

[Added 5-22-2023 by Ord. No. 2023-05]

SOLAR PANELS

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

[Added 5-22-2023 by Ord. No. 2023-05]

SPECIAL EXCEPTION

Any use which is authorized or must be authorized by the Zoning Hearing Board pursuant to the criteria in Article XXVI.

SPECIALTY FOOD STORE

A food store of less than 10,000 square feet of gross floor area primarily engaged in selling food stuffs associated with a particular nationality, religious observance, dietary practice or cuisine.

SPECIALTY RETAIL

A group of shops (two or more) collectively occupying no more than 35,000 square feet that cater to a specific market and are linked together by an architectural, historical or geographic theme or by similarly offered goods such as locally supplied arts and crafts.

SPORTSMEN'S CLUB

A membership organization owning land in common for outdoor recreational purposes on a seasonal basis, such as hunting, fishing, boating, skeet shooting and the like, and which may include indoor facilities such as a lodge or cabins for use by members.

STABLE, COMMERCIAL

A structure or land use in or on which horses and/or ponies are kept for sale, hire, breeding, boarding or training.

STABLE, PRIVATE

An accessory building in which horses are kept for riding, driving or stabling for private use and not for hire or sale.

STEEP SLOPE

A slope having a grade of 20% or more.

STORAGE SHED

A structure, the dimensions of which are not less than 60 square feet nor more than 144 square feet in square footage area and not exceeding 14 feet in height, with only one story or floor and used solely for the storage of household materials and/or equipment, not to include four-wheel motor vehicles as defined by the Pennsylvania Motor Vehicle Code.

STREET

A street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by public vehicular traffic or pedestrians, whether public or private, to provide access to abutting properties. Certain streets may be considered alleys or culs-de-sac. An easement or right-of-way shall not constitute a street under the terms hereof.

[Amended 11-23-2016 by Ord. No. 2016-12]

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. The term "structure" shall include buildings, carports, porches, jersey barriers, and any other type of construction except sidewalks, driveways and patios. Further, there is excluded from this definition accessory buildings or uses as set forth in the definition of "accessory building," Subsections (1)(e), (1)(f), and (2). These accessory buildings or uses are not considered structures.

STUDENT

An individual who is enrolled or has made application and been accepted at a university, college or trade school and is taking at least six credit hours and whose primary occupation is as a student, or who is on a semester or summer break from studies at a college, university or trade school. The term "student" shall apply to both undergraduate and graduate students alike.

STUDENT HOME

A living arrangement for a maximum of five students (as defined in this chapter). Student homes shall not include dormitories.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means 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, 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.

SUBDIVISION, MAJOR

A subdivision of more than three lots or any subdivision which requires the development of new streets.

SUBDIVISION, MINOR

A subdivision of no more than three lots and in which there are no new required streets.

SUPPLY YARD

A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.

SWIMMING POOL

A structure, whether above or below ground, designed to hold water more than 18 inches deep to be used for recreational purposes. The definition of "swimming pool" shall include hot tubs, lap pools and wading pools.

TECHNOLOGICAL INDUSTRY

An establishment which conducts research, development, and/or controlled production of high-technology electronic, industrial or scientific products or commodities, including, but not limited to, a biotechnology firm or manufacturer of nontoxic computer components.

THEATER, DRIVE-IN

A lot which is used commercially for showing motion pictures which are viewed by patrons from their motor vehicles.

THEATER, INDOOR

A building or part of a building devoted to showing motion pictures or to staging dramatic, musical or live performances.

TOWNHOUSE

See "dwelling."

TOWNSHIP

The Township of Hempfield, Westmoreland County, Pennsylvania.

TOWNSHIP ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the Board of Supervisors to serve as the Engineer for the Township.

TRAILER

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

TRAVEL TRAILER

A portable vehicular structure built on a chassis, designed or used as a temporary dwelling for travel, recreational and vacation uses.

TRIPLEX

See "dwelling."

TRUCK

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

TRUCK-CAMPER

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

TRUCK TERMINAL

A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck.

TRUCK TRACTOR

As defined by the Motor Vehicle Code of the Commonwealth of Pennsylvania.

USE

The conduct of an activity or the performance of a function or operation on a lot or in a building or structure.

VARIANCE

A departure from the strict letter of this chapter as it applies to specific property as authorized by the Zoning Hearing Board.

VEHICLE SALVAGE DEALER

Any person regularly engaged in the business of acquiring and dismantling used, wrecked, damaged, abandoned or salvaged vehicles for the purpose of selling the usable parts and selling the remaining vehicle bulk for recycling or processing.

WALL

A man-made, vertical structure of building material that restricts the passage of light and air. "Retaining wall" and "screening wall" are separately defined under this article.

WAREHOUSING AND DISTRIBUTION FACILITY

A building or part of a building which is used primarily for the housing, storage, adapting for sale, packaging or wholesale distribution of goods, wares, merchandise, food stuffs, and the like.

WATERCOURSE

A channel for conveyance of surface water, having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow. For the purposes of this chapter, a watercourse shall not include man-made swales constructed expressly for the purpose of stormwater management.

WETLANDS

Those areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. More specifically, any area meeting the official wetland definition of the United States Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event there is a conflict between the definitions of these agencies, the more-restrictive definition shall apply.

WILDLIFE SANCTUARY

An area maintained in a natural state for the preservation of both animal and plant life.

YARD

A space on the same lot as the principal building which remains open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter. The different types of yards are defined and illustrated below.

(1)

YARD, FRONTA yard extending across the full width of a lot between the front lot line and the building line, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures.

(2)

YARD, REARA yard extending across the full width of a lot between the rear lot line and a line formed by the rear of the principal building, unoccupied other than by accessory buildings, steps, walks, terraces, driveways, lampposts and similar structures.

(3)

YARD, SIDEA yard extending between the side lot line and the principal building, and between the front yard and the rear yard.

ZONING/CODE ENFORCEMENT OFFICER

An individual or individuals appointed by the Board of Supervisors to administer and enforce the provisions of this chapter.

ZONING DISTRICT

A land use area or zone established by this chapter, and any subsequent amendments, for the designated intent and as shown on the Zoning Map.

ZONING HEARING BOARD

A board constituted of five members duly appointed by the Board of Supervisors to undertake the duties prescribed under this chapter and as authorized by the Pennsylvania Municipalities Code and the laws of the commonwealth, as amended from time to time.

ZONING MAP

The map or maps that are a part of this chapter and that delineate the boundaries of all zoning districts established by this chapter, as amended from time to time.

[1]

Editor’s Note: See 72 P.S. § 3761-101 et seq.

[2]

Editor's Note: The former definition of "modular housing unit," which immediately followed, was repealed 11-23-2016 by Ord. No. 2016-12.