The following rules of construction shall apply to this chapter:
Words used in the present tense shall include the future.
The singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary.
Reference to one gender shall be deemed to include the other.
The words "shall" and "must" are intended to be and shall be deemed to be mandatory. The word "may" is permissive.
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and/or "occupied for."
The words "includes" and "including" shall not limit the term to the specified example, but are intended to extend its meaning to all other instances of similar kind and character.
The particular shall control the general.
If there is a difference in meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
This chapter intentionally does not include definition of terms that are established in the Pennsylvania Municipalities Planning Code; Chapter 125, Subdivision and Land Development; Chapter 29, Code Enforcement, Part 2, Public and Private Improvements; Chapter 116, Stormwater Management; and Chapter 110, Article I, Municipal Solid Waste and Recycling. Where not defined in this chapter, definitions of terms adopted in the Municipalities Planning Code and the ordinances referenced above are expressly adopted and shall control.
Editor's Note: See 53 P.S. § 10101 et seq.
Where not defined in this chapter or in the statute and ordinances referenced in § 145-9 or in other applicable Pennsylvania statutes or Township ordinances, terms shall be given their common or ordinary meaning.
As used in this chapter, the following terms shall have the meanings indicated below:
- ACADEMIC CLINICAL RESEARCH CENTER
- An accredited medical school within this Commonwealth that
operates or partners with an acute care hospital licensed within this
Commonwealth.[Added 3-14-2017 by Ord. No. 2017-5]
- ACCESSORY STRUCTURE
- A detached structure or building customarily incidental and subordinate to the principal structure or use of the lot on which it is located.
- ACCESSORY USE
- A use customarily incidental and subordinate to the principal use of the lot.
- ADULT ENTERTAINMENT
- A. An exhibition of any adult-oriented motion pictures that are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
- B. A live performance, display or dance of any type which has as a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personal services offered customers.
- ADULT MOTEL
- A hotel, motel, inn or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on and/or depiction of descriptions of specified sexual activities or specified anatomical areas. This use shall be deemed included within the definition of an adult-oriented establishment.
- A. The term includes, without limitation, the following establishments when operated for profit, whether direct or indirect:
- (1) Adult bookstores and/or video stores;
- (2) Adult motion-picture theaters;
- (3) Adult mini-motion-picture theaters;
- (4) Adult drive-in movie theaters;
- (5) Adult motels;
- (6) Massage parlors;
- (7) Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or where an entertainer provides adult entertainment to a member of the public, a patron or a member; and/or
- (8) An adult entertainment studio or premises that is or are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.
- B. For purposes of this term:
- (1) "Motion pictures" shall include material, chat rooms and other material available through the Internet and motion pictures, videos, DVDs and/or any other visual or auditory medium available through cable, satellite, television, communications services or other source or other television or communications services on computers or equipment used in the establishment.
- (2) The terms "booths," "cubicles," "rooms," "studios," "compartments" or "stalls," for purposes of defining adult-oriented establishments, do not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment, which are not held out to the public for the purpose of viewing motion pictures or other entertainment for a fee and which are not open to any persons other than employees.
- AGRICULTURAL ACTIVITIES
- Activities including, but not limited to, livestock and poultry raising, field, row and tree crops, forest and tree products, sale of products produced on the premises and other customary farm structures. The term does not include farm-oriented commercial or industrial activities or operations, such as food or livestock processing plants, holding pens, slaughterhouses or similar uses which handle products not produced on the immediate premises.
- ALTERNATIVE TOWER STRUCTURE
- Includes generally man-made trees, clock towers, tall steeples, light poles and similar alternative design that camouflage or conceal the presence of antennas on towers.
- AMUSEMENT PARK
- An establishment existing primarily for entertainment purposes and offering rides and exhibits for a fee.
- Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.[Added 4-28-2015 by Ord. No. 2015-3]
- A room or suite of rooms in a multistory, multiple-family dwelling, which is used as a single housekeeping unit and which contains complete kitchen, bath and toilet facilities permanently installed.
- APARTMENT, HIGH-RISE
- An apartment building three stories or greater in height.
A development shall be deemed to be a 'high-rise" development if it
includes one or more high-rise apartment buildings.[Added 8-21-2012 by Ord. No. 2012-12]
- Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time. Authorized as an accessory use to amusement park, mini-motion picture theater or theater.
- An architect registered by the Commonwealth of Pennsylvania.
- ARCHITECTURAL PROJECTION
- Any projection, except signs, which is intended for occupancy and which extends beyond the face of an exterior wall of a building.
- ASSISTED-LIVING FACILITY
- See "continuing care facility."
- AUTOMOBILE GRAVEYARD
- The storage of two or more junked, wrecked and/or nonoperating vehicles on any premises; provided, that this shall not include the storage of wrecked automobiles in a proper commercial zoning district in connection with an automotive service or repair business, so long as such wrecked vehicles are stored merely to await repair thereof in the immediate future.
- AUTOMOTIVE DETAIL
- Any building, premises or land in which or upon which a business or individual performs or renders a service involving the detailing and servicing of an automobile or other motor vehicle. Detailing and servicing shall include any cleaning, buffing, striping, glass replacement and audio installation or repair, but shall not include any service defined as "automobile repair."
- AUTOMOTIVE SERVICE STATION
- A building, premises or portions thereof which is or 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 and light truck repair, including state inspection.
- A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid and rigid materials on a supporting framework.
- BACKGROUND AREA OF SIGN
- The entire area of a sign or building wall on which copy can be placed, including framing, border and trim, but not including structural supports.
- BATH HOUSE
- An establishment or business that provides the services of baths or spas of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed but no specified sexual activity occurs. This term shall be deemed included within "adult-oriented establishment."
- BED-AND-BREAKFAST INN
- An owner-occupied single-family dwelling that contains not more than three guest bedrooms in which short-term lodging not exceeding seven consecutive days or nights is provided for compensation and in which meals for lodgers may also be provided. This use shall not include group residence facilities.
- BOOK AND VIDEO STORE
- A retail establishment devoted primarily to selling or renting any of the following: newspapers, magazines, books, other printed material and video recordings for distribution, purchase, observation or review by patrons therein.
- BOTTLE CLUB
- An establishment operated for profit or pecuniary gain which is not licensed by the Pennsylvania Liquor Control Board and admits patrons upon payment of a fee, cover charge or membership fee and in which alcoholic liquors, alcohol or malt or brewed beverages are not legally sold but where alcoholic liquors, alcohol or malt or brewed beverages are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The term shall not include a licensee under the Liquor Code. The permissibility of a use of land involving to any extent a bottle club shall be determined according to the principal intended use.
- BUFFER YARD
- A strip of land, a portion of which is planted and maintained in shrubs, bushes, trees, grass or other landscaping material and within which no structure is permitted except a wall, fence or sign in compliance with this chapter.
- BUILDABLE AREA
- The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met.
- BUILDING FACADE
- That portion of any exterior elevation of a building extending vertically from grade to the top of the parapet wall or eaves and horizontally across the entire width of the building elevation. With respect to signs, the term includes the entire building front, including the parapet or any portion of the building sides or rear which face a public street or a parking area.
- BUILDING FLOOR AREA
- The sum of the gross horizontal areas of all floors of a building or structure and its accessory buildings on the same lot, excluding cellar and basement floor areas not used as primary living sleeping or business areas, but including the area of roofed porches and roofed terraces.
- BUILDING HEIGHT
- A vertical distance measured from the average ground level
at the sides of the building to the extreme high point of the building
exclusive of chimneys and similar fixtures.[Amended 9-27-2016 by Ord. No. 2016-11]
- BUILDING MATERIAL FACILITY/LUMBERYARD
- A facility for the sale of home, tools, hardware and construction materials such as brick, lumber, concrete, piping and other similar materials, either within or without an enclosed building.
- BUILDING SETBACK LINE
- An established line within a property defining the minimum
required distance between the face of any building or structure to
be erected and the established property line. The face of the building
includes basements, decks, sun rooms, foyers, porches, patios with
footers, dormers, and any other solid projections and solid entrances.
Walks, terraces, uncovered steps, stoops or chimneys attached to a
structure are exempt.[Amended 9-27-2016 by Ord. No. 2016-11]
- BULK FUEL STORAGE
- A place for storage of petroleum and other fuels usually transported in large volumes rather than in packages or boxes.
- BUSINESS SERVICES
- Includes any commercial activity providing services such as financial advice, stock or bond brokerage services, insurance sales and service, real estate services, utility sales and services, court reporting services, cell phone and communications services, employment and/or recruiting services, small copy, printing and video services, shoe repair, watch repair, valet or courier service and whose principal operation does not involve on-site retail sales.
- BYOB CLUB
- Any facility operated for profit or pecuniary gain which is not licensed by the Pennsylvania Liquor Control Board wherein patrons may consume alcoholic liquors, alcohol or malt or brewed beverages which said patrons have carried or brought into the premises. The term shall not include a licensee under the Liquor Code. The permissibility of a use of land involving to any extent a bottle club shall be determined according to the principal intended use.
- A shelter, constructed of any material, projecting from but not necessarily supported by the building and which includes awnings or similar devices.
- CAR WASH
- Any building or premises or portion thereof used for washing automobiles and light trucks.
- CERTIFICATE OF OCCUPANCY
- A certificate issued by the building code official under the Pennsylvania Construction Code as adopted by Millcreek Township upon completion of construction of a building, structure or addition or alteration thereof, which authorizes occupancy of the premises.
- CLINICAL REGISTRANT
- An entity that:[Added 3-14-2017 by Ord. No. 2017-5]
- A. Holds a permit as both a grower/processor and a dispensary; and
- B. Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
- The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF, or on any structure that already supports
at least one non-tower WCF.[Added 4-28-2015 by Ord. No. 2015-3]
- COMMERCIAL MESSAGE
- Any sign wording, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity or is otherwise defined
as "commercial speech" by the Pennsylvania Supreme Court, the United
States District Courts in Pennsylvania, the Third Circuit Court of
Appeals, or the United States Supreme Court for purposes of interpreting
the United States Constitution or Pennsylvania constitution regarding
freedom of expression or speech.[Amended 5-23-2017 by Ord. No. 2017-8]
- CONSERVATION DEVELOPMENT/DESIGN
- A concept of design and site planning in which specific features of land proposed for development are identified and analyzed, with development designed to protect and preserve special features and open space and reduce the portion of the parcel consumed by streets and lots while allowing for density of development similar to that allowed in the zoning district.
- CONSTRUCTION PERMIT
- A permit issued by the building code official under the Pennsylvania Construction Code, indicating that proposed construction, alteration or reconstruction of a structure or other work regulated by the Construction Code is in accordance with the Construction Code authorizing the applicant to proceed with such work or activity. This term shall be deemed to include "building permit" or "UCC permit." Such permit is distinct from a "zoning permit" and is not issued, administered or reviewed under this chapter.
- CONTINUING CARE FACILITY
- As defined in current state licensee requirements, a residential facility or development designed, operated and maintained for adults, which may also include skilled nursing, intermediate care, personal care, or assisted living facilities.
- CONVENIENCE STORE
- A retail establishment with a sales area of 2,000 square feet or less offering for sale food products, household items, newspapers, magazines, or freshly prepared foods that may be available for on-site or off-site consumption. Accessory activities may include the operation of no more than two arcade games, video games or other similar devices, automated teller machines (ATMs), check cashing, money orders, movie rentals, lottery tickets, film processing and the sale of liquefied petroleum gas and/or vehicle fuel, but shall not include the repair or service of vehicles. Convenience stores shall not exceed more than four fuel islands or more than eight fueling positions. See "retail store selling vehicle fuel" for use involving additional fuel islands and/or fueling positions.
- CONVENIENCE STORE, NEIGHBORHOOD
- A retail establishment with a sales area of 2,000 square feet or less offering for sale food products, household items, newspapers, magazines or freshly prepared foods that may be available for on-site or off-site consumption, including all accessory activities authorized in a convenience store, excluding the sale of liquefied petroleum gas and/or vehicle fuel. This use shall not include any fuel islands or fueling positions and the sale of vehicle fuels is expressly prohibited.
- COPY AREA
- The actual area of the sign copy applied to any background.
Shall be computed by straight lines drawn tangent to copy extremities
encompassing individual letters, words or graphic elements.[Amended 7-9-2019 by Ord. No. 2019-12]
- COPY/SIGN COPY
- Any letter, number, symbol, figure, character, mark, plan, design, picture, stroke, stripe, trademark or combination thereof, either permanent, alternating or removable.
- CORRECTIONAL FACILITY
- A publicly or privately operated facility housing persons awaiting trial, serving a sentence after being found guilty of a criminal offense, being within the jurisdiction of a federal, state or local probation, parole or corrections agency and/or receiving treatment other than at a hospital while under the jurisdiction of such authority or agency. The term shall include but not be limited to jails, prisons, juvenile detention centers, work release centers, prerelease centers and treatment centers.
- DAY-CARE CENTER
- A facility licensed by the State of Pennsylvania, located within a building not used as a dwelling unit, for care during part of a twenty-four-hour day, of children under the age of 16 or handicapped or elderly persons.
- The maximum number of dwelling units per acre of developable land in a development.
- A. That land proposed for development which excludes therefrom all portions thereof:
- (1) Dedicated or to be dedicated or devoted for use as public or private streets and/or for interior traffic circulation by other means;[Amended 8-21-2012 by Ord. No. 2012-12]
- (2) Dedicated or to be dedicated or devoted to use as public or private improvements, including but not limited to stormwater management improvements;
- (3) Defined by the Pennsylvania Department of Environmental Protection as wetlands;
- (4) Defined by appropriate federal or state agencies as being within a one-hundred-year floodplain; and
- (5) Having a slope in excess of 25%.
- B. Where land proposed for development involves other factors prohibiting or rendering impractical development of areas due to particular easements or other circumstances, the Board of Supervisors shall have authority to deem such areas of the parcel nondevelopable.
- DISTRIBUTED ANTENNA SYSTEMS (DAS)
- Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.[Added 4-28-2015 by Ord. No. 2015-3]
- DISTRIBUTION FACILITY
- Any premises or part thereof, which provide logistic support for business, such as freight management, inventory control, storage, packaging and consolidation of goods for distribution.
- DISTRIBUTION WAREHOUSE CENTER
- An establishment primarily engaged in the receipt, storage and distribution of goods, products, cargo and materials, including trans shipment by air, rail or motor vehicle.
- DRIVE-THROUGH FACILITY
- A facility which offers in-car service or takeout service for a permitted use in a nonresidential zoning district, including but not limited to financial institutions, food stores, restaurants and drugstores, but not including drive-in theaters. This term generally refers to an accessory use or manner of conducting a permitted use and is not intended as a distinct form of use.
- DUPLEX/DUPLEX DWELLING
- A detached building containing two dwelling units attached side-to-side, with separate entrances and separated by an unpierced party wall. Includes "two-family dwelling."
- Any building, structure, or portion thereof which is occupied as, designed or intended for occupancy as, a residence having one or more dwelling units, but not including hotels, motels and/or continuing care facilities.
- DWELLING UNIT
- A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
- EATING AND DRINKING ESTABLISHMENT
- An establishment designed and operated for the express purpose of providing food and beverage service within the confines of a structure and generally excluding any encouragement, orientation or accommodation of services or products to the patrons' vehicles, on or within the premises.
- The lowest horizontal line of a sloping roof.
- EDUCATIONAL INSTITUTION
- A structure, part of a structure or structures designed and used for training and teaching of children, youths or adults, including laboratories appurtenant thereto.
- A condition that:[Added 4-28-2015 by Ord. No. 2015-3]
- END CAP
- When used in this chapter, shall mean and refer to a cap
installed at the end of something, such as a planting island at the
end of a row of off-street parking.[Added 3-22-2016 by Ord. No. 2016-3]
- ENFORCEMENT NOTICE
- A notice as provided in Section 616.1 of the MPC and/or this chapter and/or the Millcreek Township Ordinance Enforcement Notice, sent by the Township to the owner or occupant of record of a parcel on which a violation of this chapter has occurred.
- To build, construct, attach, hang, suspend, affix, alter, structurally repair, remove, relocate, add to, demolish, renew. With respect to signs, includes painting on a wall or any other background surface.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance, by public utilities regulated by the Pennsylvania Public Utility Commission or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas as defined in this chapter.
- An individual or two or more persons related by blood or
marriage living together; or a group of individuals of not more than
three persons, not related by blood or marriage, but living together
as a single housekeeping unit (exclusive of any natural born or adopted
children of an adult resident). In each instance, the family shall
be understood to include the necessary servants. The foregoing restrictions
do not apply to persons with disabilities as defined in the Fair Housing
Act, 42 U.S.C. § 3601 et seq.[Amended 6-17-2014 by Ord. No. 2014-8]
- Federal Communications Commission.[Added 4-28-2015 by Ord. No. 2015-3]
- FINANCIAL INSTITUTION
- Any commercial institution that lends money or engages in a finance-related business, including but not limited to stock brokerage firms, securities firms, banks, credit unions and savings associations.
- FLOODPLAIN AREA
- 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.
- The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.
- FLOOR AREA, RETAIL NET
- All that space used by customers and retail employees to consummate retail sales, and to include display areas used to indicate the variety of goods available for sale but not to include office space and other general administrative areas.
- FREIGHT TERMINAL
- The premises and building(s) where cargo is stored and where railroad cars, aircraft, and trucks load and unload cargo for shipment or distribution on a regular basis, and which may include facilities for the temporary storage of loads prior to shipment and facilities for the maintenance of transport vehicles.
- FUEL DISPENSER
- A device which dispenses vehicle fuel and/or kerosene and which may contain multiple hoses or be capable of serving more than one fueling position simultaneously.
- FUEL ISLAND
- A concrete platform on which fuel dispensers are located.
- FUELING POSITION
- A location at which a single vehicle may be fueled from a fuel dispenser.
- The effect produced by brightness sufficient to cause annoyance, discomfort, distraction or loss in visual performance and/or visibility.
- GROSS FLOOR AREA (GFA)
- The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
- GROUP RESIDENCE FACILITY
- An establishment that provides in a family setting or environment room, board and care to persons who are mentally retarded and/or physically handicapped, dependent children under the age of 18 years or individuals over 62 years of age who are in need of supervision and specialized services limited to health, social and/or rehabilitative services provided by a governmental agency, its licensed or certified agents or a responsible and licensed nonprofit social service corporation. Supervision shall be provided by responsible adults whose number shall be determined and certified by the sponsoring agency, at least one responsible adult to be available for the residents on a twenty-four-hour-per-day basis while residents are on the premises. Such establishment must inherently function as a single housekeeping unit and not as an institution; shall not bear exterior signage and shall not allow or engage in activity, including extend of parking, not customary for other uses in the particular zoning district. This category shall not include facilities for delinquent children, persons 18 or more years of age released from or under the jurisdiction of a criminal court, government bureau of corrections or similar institution or agency, persons suffering from communicable or publicly transmittable diseases or otherwise not within the specific definition set forth above. Under this definition, the number of residents shall be deemed to include resident clients, staff residing in the premises or assigned per shift and family of staff who reside in the premises, either temporarily or permanently. Persons receiving treatment under Article III (Involuntary Examination and Treatment) and/or Article IV (Determinations Affecting Those Charged with a Crime or Under Sentence) shall not be eligible for residence in a group residence facility. Mentally retarded individuals shall be certified by Erie County Mental Retardation authorities as being capable of residing in such a facility. This definition shall be strictly interpreted.
- HEALTH CARE MEDICAL MARIJUANA ORGANIZATION
- A vertically integrated health system approved by the Pennsylvania
Department of Health to dispense medical marijuana or grow and process
medical marijuana, or both, in accordance with a research study under
the Pennsylvania Medical Marijuana Act.[Added 3-14-2017 by Ord. No. 2017-5]
- HEALTH CLUB
- Any establishment including, but not limited to, an athletic club, exercise center, health spa, figure salon, gymnasium, physical fitness center, or any other establishment by any other name that provides exercise equipment and one or more of the following: steam cabinet, steam room, sauna, vapor room, vapor cabinet, toilet facilities, lavatories, showers, lockers, and dressing rooms intended for patron use, excluding facilities used by or under direct supervision and control of licensed medical personnel located in a medical facility, facilities located in athletic departments of schools, and facilities of professional athletic teams. Accessory uses within the facility may include massage therapy, aerobics and physical fitness services (e.g., aerobic and strength training activities, group exercise classes, fitness assessment and counseling, and education seminars).
- HEAVY INDUSTRY/MANUFACTURING
- Manufacturing that includes the production, processing, cleansing, testing and distribution of materials, foods, foodstuffs and products that due to the nature of the materials, equipment or process utilized, is considered to be unclean, noisy, hazardous or is associated with other objectionable elements.
- Unless otherwise provided, the vertical distance measured from ground level to the highest point of a building, structure or other object, including all appurtenances thereto or thereon. With respect to buildings, structures and/or towers of any type, height includes highest point, including antennas, facilities or structures of any type which are mounted on the building, structure, facility or tower.
- HEIGHT OF A SIGN
- The vertical distance measured from the highest point of a sign to the grade of the adjacent street.
- HEIGHT OF A TOWER-BASED WCF
- The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.[Added 4-28-2015 by Ord. No. 2015-3]
- HOME OCCUPATION
- An accessory use of a service character customarily conducted within a dwelling by the residents, not meeting all standards of a no-impact home-based business, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small nameplate or such signage as is expressly authorized in this chapter, and in connection therewith there is not involved the keeping or exhibition of stock-in-trade:
- A. The office of a physician, surgeon, dentist, architect, lawyer or other professional person, each with not more than one paid assistant, shall be deemed to be a home occupation. Instructions in violin, piano or other individual musical instruments, limited to a single person at a time, shall be deemed a home occupation. The occupations of dressmaker, watchmaker, milliner, seamstress, typist or other persons who offer skilled services to clients and are not professionally engaged in the purchase or sale of economic goods and who have not more than one paid assistant shall be deemed to be home occupations.
- B. Dancing instruction, band instrument instruction in groups, personal, business and professional services, funeral homes, continuing care facilities and retail sales establishments or businesses of any kind not listed above are not home occupations.
- An institution providing acute medical or surgical care and treatment for sick or injured humans, as defined in the current state licensure requirements. The term includes outpatient surgical and treatment facilities not constituting a correctional facility, sanitarium, clinic, continuing care facility and any other place for the diagnosis, treatment or other care of human ailments.
- A facility offering transient lodging accommodations to the general public and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.
- IMPERVIOUS SURFACE
- A surface that prevents the infiltration of water into the
ground. Impervious surface (or areas) includes, but is not limited
to: roofs, additional indoor living spaces, patios, garages, storage
sheds and similar structures, parking or driveway areas and any streets
and sidewalks. Any surface areas proposed initially to be gravel or
crushed stone shall be assumed to be impervious surfaces.[Added 3-22-2016 by Ord. No. 2016-3]
- INDUSTRIAL PARK
- An area of land arranged and/or constructed in accordance with a plan for a group of industrial purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses.
- The processing of raw materials or the manufacture of materials or products.
- IN-LAW APARTMENT
- A separate living space within a single-family dwelling unit consisting of separate sleeping, cooking and bathroom facilities and which is to be occupied by an in-law of, in-laws of or a member of the family unit occupying the main portion of the dwelling.
- INTERMEDIATE CARE FACILITY
- A facility which provides nursing care and related medical and/or other personal health services to persons on a planned program of care and administrative management, supervised on a continuous twenty-four-hour basis in an institutional setting, as defined in current state licensure requirements. This use shall be deemed encompassed within the term, "continuing care facility."
- Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal or other use or disposition; includes any discarded material or article, including but not limited to scrap metal; scrapped, abandoned or junked motor vehicles; the storage of motor vehicles which are not operable but which are being stored so that their parts can be removed; tires; vehicle parts; machinery; equipment; glass; paper; containers; rags; metal; building materials; household appliances; brush; wood; lumber; food waste; garbage; solid waste; leaf, grass and tree or shrubbery waste or recyclable materials. The term does not include municipal waste, recyclable materials and leaf waste kept in a proper container for the purpose of prompt and proper disposal.
- Any area, lot, land, parcel, building or structure, or part thereof, used wholly or in part for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap and discarded goods, materials, machinery or two or more unregistered and/or inoperable motor vehicles or other types of junk.
- A use of land and structures in combination under which four or more domestic animals or pets six months or older are groomed, bred, trained and/or boarded for compensation. A use meeting the definition of "pet grooming" is not intended to be a "kennel."
- KENNEL ACCESSORY
- A use in conjunction with and accessory to the principal use of a veterinary clinic or animal hospital which includes the interior housing only for animals under treatment and no outdoor operations or boarding for compensation.
- LAKEFRONT AREA OVERLAY DISTRICT
- Includes that section or area of Millcreek Township situated
from the waters of Lake Erie southward to the toe of the bluff.[Added 3-22-2016 by Ord. No. 2016-3]
- LANDSCAPE ARCHITECT
- A landscape architect registered by the Commonwealth of Pennsylvania.
- LANDSCAPING MATERIAL
- Includes any combination of living plants such as trees,
shrubs, vines, flowers, ground cover and grass, and shall not be deemed
to include stone and/or other nonvegetative cover.[Added 3-22-2016 by Ord. No. 2016-3]
- LAWN AND GARDEN CENTER
- A commercial operation offering for retail sale plants, flowers, lawn and garden supplies and other items which may include a nursery or greenhouse so long as that use is accessory to the principal commercial use, but does not include bulk sales of stone, bark and other materials piled or stored outside or the use of high lifts.
- LAWN AND GARDEN SUPPLY FACILITY
- A lawn and garden center which also includes sale in bulk of stone, bark and other materials, repair services of more than an incidental nature and/or regular use of high lifts, loaders in the conduct of its sale and distribution activities.
- LIGHT INDUSTRY/MANUFACTURING
- Manufacturing that includes the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products that by the nature of the materials, equipment and process utilized, is considered to be clean, quiet, and free of any objectionable or hazardous elements.
- LOADING SPACE
- A space within the main building or on the same lot therewith providing for the standing, loading or unloading of vehicles.
- LOT AREA
- The total area within the lot lines of a single lot not including
any portion of a dedicated street right-of-way.[Amended 9-27-2016 by Ord. No. 2016-11]
- LOT, CORNER
- A lot that has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersects at an angle of less than 135°.
- LOT COVERAGE
- The area of a lot or parcel that is covered by principal
and/or accessory buildings or structures.[Amended 9-27-2016 by Ord. No. 2016-11]
- LOT DEPTH
- The average distance between the street right-of-way and the rear lot line, measured perpendicular or radial to the right-of-way. Lot depth for triangular lots shall be the mean distance from the street line to the point of intersection of the side yards.
- LOT FRONTAGE
- That side of a lot abutting on the street right-of-way.
- LOT, INTERIOR
- A lot where the side property lines do not abut a street.
- LOT LINE
- A line bounding a lot that divides one lot from another or
from a street or any other public or private space.[Amended 9-27-2016 by Ord. No. 2016-11]
- LOT WIDTH
- The mean horizontal distance across the lot, between the side lot lines, measured at right angles to the depth.
- With respect to signs, the cleaning, painting, repair, refurbishing or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, illumination or structure of the sign.
- MANUFACTURED HOME
- Any single-family home that is built in a factory to the HUD Code and transported on its own wheel, axle and/or chassis system and installed on a building site, whether or not wheels and axles are removed during siting. This term shall be deemed to include "mobile home," "modular home" and all other equivalent terms, especially when located within a manufactured home park.
- MANUFACTURED HOME PARK
- A development or area under single ownership comprising at least five contiguous acres of land where owners of manufactured homes place their manufactured homes on rented land space or owners of land place manufactured homes for rental of the home and space by others for nontransient use.
- A permanent, roofed structure attached to a building and projecting over public property or a pedestrian walkway. A marquee is neither an awning nor a canopy.
- MASSAGE PARLOR
- An establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body and all forms of physiotherapy, unless operated by a medical practitioner, professional therapist or chiropractor licensed by the Commonwealth of Pennsylvania. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
- MEDICAL MARIJUANA
- Marijuana for certified medical use as set forth in the Pennsylvania
Medical Marijuana Act.[Added 3-14-2017 by Ord. No. 2017-5]
- MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
- Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.[Added 3-14-2017 by Ord. No. 2017-5]
- MEDICAL MARIJUANA DISPENSARY
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana. This does not include a health care medical
marijuana organization.[Added 3-14-2017 by Ord. No. 2017-5]
- MEDICAL MARIJUANA GROWER/PROCESSOR
- A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and process medical marijuana. "Medical marijuana." Marijuana for
certified medical use as set forth in this act. This does not include
a Health Care Medical Marijuana Organization.[Added 3-14-2017 by Ord. No. 2017-5]
- MEDICAL MARIJUANA ORGANIZATION
- A medical marijuana dispensary or medical marijuana grower/processor.[Added 3-14-2017 by Ord. No. 2017-5]
- MEDICAL MARIJUANA PERMIT
- An authorization issued by the Pennsylvania Department of
Health to a medical marijuana organization to conduct activities under
this Act.[Added 3-14-2017 by Ord. No. 2017-5]
- MINI-MOTION PICTURE THEATER
- An enclosed building with a capacity for less than 50 persons used for presenting visual material, in any form or media, for observation by patrons therein.
- A building consisting of self-contained, self-storage spaces, where each unit is not greater than 500 square feet and the units are rented for the storage of business and household goods. The same prohibitions governing self-storage facilities shall apply.
- MIXED OCCUPANCY
- Occupancy of a building or land for more than one use.
- A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.[Amended 4-28-2015 by Ord. No. 2015-3]
- A structure in which lodging is provided for the accommodation of guests, offered to the public for compensation, which includes an office supervised by a person in charge at all hours with a majority of all rooms having direct access to the outside. "Motel" does not include boarding house, lodging house, rooming house, group residence facility or continuing care facility.
- MOTION PICTURE THEATER
- An enclosed building with a capacity for 50 or more persons used for presenting visual material, in any form or media, for observation by patrons therein.
- MULTIFAMILY DWELLING
- A dwelling or group of dwellings on one lot containing separate living quarters that is designed for occupancy by three or more families living independently of each other, and containing three or more dwelling units. Such buildings shall consist of the following types: apartment building, garden apartment and row house.
- MULTIPLE-ESTABLISHMENT CENTER
- A group of uses consisting of three or more non-retail establishments forming a cohesive group of uses in a single building having direct access to the outdoors or in a group of two or more buildings arranged and constructed on a lot or site according to a plan and sometimes having common parking.
- MUNICIPALITIES PLANNING CODE (MPC)
- The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
- 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 the residential use. Such business or commercial activity must satisfy all of 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 of inventory of a substantial nature.
- D. There shall be no outside appearance of a business use, including but not limited to parking, signs and lights.
- E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odor 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
- A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
- NONCONFORMING SIGN
- Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height, or size with the regulations of the district in which such a sign is located.
- NONCONFORMING STRUCTURE
- A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment previously or in the future enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment.
- NONCONFORMING USE
- A building or use of land lawfully existing on the effective date of this chapter which does not completely conform to the use regulations for the zoning district in which it is located.
- NONOPERATING VEHICLE
- A vehicle which does not have the current registration plate or the current valid inspection sticker.
- NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
- All non-tower wireless communications facilities, including
but not limited to antennas and related equipment. Non-tower WCF shall
not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.[Added 4-28-2015 by Ord. No. 2015-3]
- OFFICE/BUSINESS PARK
- An area of land arranged and/or constructed in accordance with a plan for a group commercial or business office purposes, having separate building sites designed and arranged on streets and having utility services, setbacks, side yards, and covenants or other such regulations controlling or restricting uses. All land involved in an office park or a business park must be owned by a single owner and the park must be developed as a single entity.
- OPEN PORCH
- A roofed, open structure projecting from the front, side or rear wall of a building and having no enclosed features of glass, wood, or other material more than 30 inches above the floor thereof, except the necessary columns to support the roof.
- OPEN SPACE
- Land not developed for residential, agricultural, business or industrial use but instead designated for preservation or development as private or public recreation and park areas under a conservation easement or otherwise. Within this general term, "common open space" is land within or related to a development designated and intended for the common use and enjoyment of residents of that development; "private open space" is that common open space held in common ownership, the use of which normally is limited to occupants of a single dwelling or lots within a development; and "public open space" is that dedicated to and accepted by the Township or other public agency and maintained by it for the use and enjoyment of the general public.
- OVERLAY DISTRICT
- An area of the Township subject to the regulations set forth in Article V of this chapter.
- The Pennsylvania Department of Environmental Protection.
- The portion of a facade or wall that is raised above the roof.
- PARKING BAY
- When used in this chapter, shall mean and include that area
consisting of one or two rows of parking spaces and the aisle from
which motor vehicles enter and leave the spaces.[Added 3-22-2016 by Ord. No. 2016-3]
- A portion of a structure which may or may not be partially or totally enclosed by a roof and one or more walls.
- PENNSYLVANIA CONSTRUCTION CODE
- The Pennsylvania Construction Code established pursuant to Act 45 of 1999, as amended, and as adopted by Millcreek Township by Ordinance No. 2004-9 (Chapter 29, Code Enforcement, Part 3, Uniform Construction Code), as amended.
- A document issued by Millcreek Township authorizing an applicant to undertake certain activities.
- An individual, partnership, public or private association or corporation, limited liability company, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- PERSONAL CARE FACILITY
- A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self administration but who do not require hospitalization or care in a skilled nursing or intermediate care facility, as defined in current state licensure requirements. Where conducted in a residential dwelling otherwise meeting requirements for a "group residence facility," shall be deemed a group residence facility.
- PERSONAL SERVICES
- Any commercial activity conducted for profit which primarily offers services to the general populace, these including barber shops, beauty shops, manicure or pedicure salons, nail salons, therapeutic massage establishments, tanning salons and similar services and activities which are related to the personal needs of people.
- PERSONAL SUPPORT SERVICES FOR A CONTINUING CARE FACILITY
- Services provided to residents of a continuing care facility, located within a main building, such as beauty shop, barbershop, gift shop, pharmacy, bank, and laundry and cleaning services and facilities. Shall be authorized and conducted as a use accessory to the permitted use as a continuing care facility.
- PERSONAL WIRELESS SERVICES
- Includes commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, and shall be deemed included generally within communications.
- PERVIOUS AREA
- Any area and/or surface not defined in this chapter as impervious.[Added 3-22-2016 by Ord. No. 2016-3]
- PET GROOMING ESTABLISHMENT
- A business activity that is operated and conducted within an enclosed premises and includes and is limited to the grooming and/or washing of pets and/or domestic animals and which shall not include any training or boarding of animals and/or any outdoor activities.
- PHARMACY/DRUG STORE
- A retail store which primarily sells prescription drugs, patent medicines, nonprescription medications, surgical and other supplies and health and beauty products.
- A separate lot or tax parcel with individual frontage abutting the street line. A premises may include more than one occupancy as in an office complex or shopping center.
- PRINCIPAL STRUCTURE
- The structure or portion thereof housing the main use of the land.
- PRIVATE GARAGE
- A garage for housing only with a capacity for not more than three motor vehicles. A garage exceeding a three-vehicle capacity, intended primarily for housing of cars belonging to the occupants of the premises, shall be considered a private garage if the lot whereupon such garage is located contains not less than 1,500 square feet for each vehicle capacity.
- PRIVATE RECREATION
- Developed or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or private organizations sharing common relationships or associations for the purposes of play, amusement or relaxation.
- PROFESSIONAL SERVICES
- Includes offices of professionals offering and providing legal, medical, dental, engineering, accounting, architectural, insurance, financial, appraisal, optical, land surveying, landscape architectural and like services.
- PUBLIC GARAGE
- A building structure or any portion thereof used for housing or repairing motor vehicles, including rooms for storing, exhibiting or showing cars for sale.
- PUBLIC OR PRIVATE SCHOOL
- Includes public and private schools for the education of young children up to and including senior high school. This term shall be deemed included within the term "educational establishment," but educational uses other than those of a public or private school are not permitted in a residential zoning district.
- PUBLIC/PUBLIC UTILITY BUILDINGS AND STRUCTURES
- Includes a building or structure to be constructed, owned and operated by a federal, state, municipal or school public entity (including authorities) or a public utility regulated by the Pennsylvania Public Utility Commission.
- PUBLIC RECREATION
- Developed or undeveloped open spaces and/or structures and facilities that are provided by a governmental body for public use for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.
- PUBLIC UTILITY
- The Millcreek Township Water Authority, the Millcreek Township Sewer Authority, the Eric City Water Authority, or their respective successors and assigns, or any supplier of utility services regulated by the Pennsylvania Public Utility Commission.
- PUBLIC UTILITY FACILITIES
- All of the buildings, wells, dams, reservoirs, plant and equipment of a public utility, including all tangible and intangible real and personal property without limitation, and all means and instrumentalities in any manner owned, leased, licensed, used, controlled, furnished or supplied for, by or in connection with the business of any public utility.
- PUBLIC UTILITY TRANSMISSION TOWER
- A structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
- RADIO AND TELEVISION BROADCASTING STUDIO
- A studio engaged in transmitting oral and visual programs to the public, but not including the transmitter and/or antennas for such broadcasting.
- RECREATION OPEN SPACE
- That area of land suitable for the development of specific active recreation facilities for leisure time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields, including but not limited to baseball and softball fields, soccer fields, football fields, tennis, basketball, volleyball and other court games, hockey facilities, multipurpose fields and community swimming pools and attendant facilities.
- RECREATIONAL USE
- The use of land, buildings and structures for leisure-time activities, including but not limited to amusements. Amusement arcades, athletic health spas, clubs, country clubs, dancing or music studios, golf courses, race tracks, riding academies swimming clubs, and ski resorts. Such facilities may be opened to anyone without restrictions, except for rules, fees, and standards of conduct and use, may be privately operated for profit, or they may be private and limited as to users.
- RECREATIONAL VEHICLE
- A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure-time
or recreational use. Recreational vehicles or units include but are
not limited to the following: travel trailers, truck-mounted campers,
motor homes, folding tent campers, auto, buses or trucks adapted for
vacation use, snowmobiles, minibikes, all terrain vehicles, go-carts,
boats, boat trailers, and utility trailers. A tent, travel trailer,
pickup camper or motor home shall be considered a recreational vehicle
and for the purpose of this chapter shall be further defined as follows:
an independent unit is one containing a built-in toilet, lavatory
and kitchen sink which is connected directly to the park water supply
and sewage system or to permanently installed tanks, except if the
same is occupied between December 1 and March 1; and dependent unit
is any other unit. A recreational vehicle does not include a manufactured
or mobile home, industrialized housing and/or any incidents of long-term
or permanent residence, including, but not limited to skirting, removal
of wheels, sheds, etc[Amended 6-17-2014 by Ord. No. 2014-8]
- RECREATIONAL VEHICLE PARK
- A plot of ground designed and laid out solely for occupancy
by recreational vehicles and/or tents, to be used as living quarters
on a temporary basis; also: campground.[Amended 6-17-2014 by Ord. No. 2014-8]
- RECYCLABLE MATERIALS COLLECTION FACILITY
- A center for the acceptance of recyclable material from the public by donation, redemption, or purchase.
- RECYCLABLE MATERIALS PROCESSING FACILITY
- A facility employing a technology process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for, or a supplement to, virgin raw materials. The term does not include transfer facilities, municipal waste landfills, composting facilities or resource recovery facilities.
- RELATED EQUIPMENT
- Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, related equipment includes generators
and base stations.[Added 4-28-2015 by Ord. No. 2015-3]
- RELIGIOUS ESTABLISHMENT
- A building used as a place of religious worship and teaching, which may include schools, day-care centers, auditoriums, residences for persons serving the particular facility and recreational facilities.
- RESEARCH AND DEVELOPMENT
- A structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor. Such use shall be categorized as light industrial or heavy industrial dependent upon the specific nature of its operations.
- RETAIL BUSINESS ESTABLISHMENT
- A commercial use involving the sale of commodities and services directly to consumers. This term is intended to encompass all uses involving retail sales that are not specifically provided for or are not generally equivalent to uses that are specifically provided for. Where a use is specifically provided for, that specific provision shall control. In uses such as bakeries, candy stores, grocery stores and florists, accessory uses may include the baking or making products solely for the purpose of retail sale on that premises so long as all such activities are conducted indoors. In uses such as sale of auto parts, accessory uses may include the installing or assisting with installation of purchased items is authorized so long as all activities are conducted indoors.
- RETAIL STORE SELLING VEHICLE FUEL
- A retail establishment with a sales area of 5,000 square feet or less otherwise meeting the criteria for a convenience store that has more than four fuel islands or more than eight fueling positions on the premises.
- Land dedicated, reserved and/or accepted for use as a road, street, alley or crosswalk.
- ROOF LINE
- The uppermost line of a roof of a building or, in the case of an extended facade or parapet, the uppermost height of said facade or parapet.
- ROW/TOWNHOUSE DWELLING
- A dwelling or building, designed for or occupied by three or more families living independently of each other, divided by party walls into distinct and noncommunicating units. Buildings shall not exceed three stories in height. Each dwelling unit shall have direct access to the outdoors. This term includes triplex and quadruplex dwellings.
- SELF-STORAGE FACILITY
- An establishment that rents storage space for personal use by the renter and where no materials of a hazardous nature (toxins, highly inflammable, etc.) are stored. The warehousing of wholesale and/or retail materials and/or products shall not be permitted.
- SELF-SUPPORTING TOWER
- A tower that is free standing and not guyed or anchored with cables. This term shall include monopoles, three- and four-sided steel lattice towers and other tower structures that include their own support and are freestanding.
- Generally, the distance of separation between a building
and a street, other building or other feature. Where used generally
in this chapter, setbacks are intended to apply to buildings, including
principal and accessory buildings. Other than structures attached
to a building (which shall comply with the general setback regulations),
setbacks are not intended to apply to structures that are not buildings
unless and to the extent that such setback regulations are expressly
provided for them in this chapter. Structures as to which this chapter
does not impose setbacks include, but are not limited to fences, playground
equipment, HVAC units, driveways, sidewalks, basketball hoops, concrete,
paved and like pads at grade and at-grade patios.[Added 6-17-2014 by Ord. No. 2014-8]
- SHOPPING CENTER
- One or more retail stores and other authorized uses in the zoning district in which it is an authorized use, developed as a single entity on a site, whether developed at one time or in phases by different owners. Shopping centers shall be categorized as follows:
- Any device, fixture, placard, structure, painting, emblem
or visual that uses any color, form, graphic, illumination, symbol
or writing to identify and communicate, announce the purpose of or
identify the purpose of a person or entity, or to communicate information
of any kind to the public. Decorations are not signs. A sign shall
be deemed to include its frame and/or structure. Types of signs include:[Amended 5-23-2017 by Ord. No. 2017-8]
- SINGLE-FAMILY DWELLING
- A detached building designated for, or occupied exclusively as, a residence by one family and containing not more than one dwelling unit.
- SKILLED NURSING FACILITY
- See "continuing care facility."
- SMALL WIND TURBINE DEVICE
- Includes small wind turbine devices, wind generators and systems producing from 1 kWh to 100 kWh of electricity and which are designed and used solely to generate power to serve a principal and/or accessory building located on the lot on which said device is situated (without regard to any excess power generated going to a power grid). This term does not include "wind energy conversion system."
- SPECIAL EVENT OF A TEMPORARY NATURE
- Includes the temporary use of land and/or structures not situated in a residential district for specially scheduled events of a temporary and short-term nature, including but not limited to fairs, festivals, circuses, concerts and the like, where the actual use, exclusive of one day each for preparation and cleanup, shall not exceed five days.
- SPECIFIED ANATOMICAL AREAS
- B. The term does not include any of the following:
- (1) Medical publications or films or bona fide educational publications or films.
- (2) Any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography.
- (3) Any news periodical which reports or describes current events and which from time to time publishes photographs of nude or seminude persons in connection with the dissemination of the news.
- (4) Publications or films which describe and report different cultures and which from time to time publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the people.
- STEALTH TECHNOLOGY
- Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.[Added 4-28-2015 by Ord. No. 2015-3]
- STRUCTURAL ALTERATIONS
- Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
- Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
- STUDIO, DANCING OR MUSIC
- The use of a premises by a teacher of music and/or dance where students are taught these arts for a fee and where more than one student may be taught in a class at one time. This term is synonymous with "dancing school" and "music school" and similar terms.
- SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
- A modification substantially changes the physical dimensions
of an eligible support structure, as defined in 47 CFR 1.6100(b)(4),
if it meets any of the following criteria:[Added 4-28-2015 by Ord. No. 2015-3; amended 3-10-2020 by Ord. No. 2020-1]
- A. For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;
- (1) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act [NOTE: Middle Class Tax Relief and Job Creation Act (the Spectrum Act), 47 U.S.C. § 1401 et seq.].
- B. For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
- C. For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
- D. It entails any excavation or deployment outside the current site;
- E. It would defeat the concealment elements of the eligible support structure; or
- F. It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in 47 CFR 1.40001(b)(7)(i) through (iv) (NOTE: Redesignated 1.6100 by 83 FR 51886).
- TELEPHONE EXCHANGE BUILDING
- A building and equipment therein, used or to be used for the purpose of facilitating transmission and exchange of telephone messages between subscribers, but in a residential district not including public business facilities, storage of outside plant materials, trucks or repair facilities, or housing for outside repair crews.
- TEMPORARY STORAGE FACILITY
- Includes any structure, including but not limited to tractor trailer box units, covered and completely enclosed trailer units, which is designed, used and/or intended for use for the temporary storage of items and/or materials.
- TEMPORARY STRUCTURE
- Any structure which is erected to be in place for not more than 12 months, including but not limited to, tents, air-supported structures, portable bandstands, reviewing stands, bleachers, storage facilities, mobile office units, construction sheds, sales offices for lots or dwellings or other structures of a similar character.
- THROUGH LOT
- An interior lot having frontage on two streets.
- A structure other than a building, such as a monopole or self-supporting tower, designed and used to support any facility or another structure, other than communications antennas. Guyed towers shall not be deemed within this term and are not permitted. This term shall be broadly interpreted so as to include, without limitation, all such structures.
- TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
- Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCFs.[Added 4-28-2015 by Ord. No. 2015-3]
- TREATMENT CENTER
- A use, other than a prison, which provides housing, treatment, rehabilitation and/or counseling to persons under the jurisdiction or control of any court, parole, probations or corrections agency. The term shall not apply to a hospital providing acute or needed medical treatment to a person not placed in such facility other than for such acute treatment.
- TRUCK TERMINAL
- Land and buildings used primarily for the storage and maintenance of trucks and/or trailers and to transfer freight from one truck and/or trailer to another. The terminal shall not be used for storage of freight. The terminal may include storage areas for trucks and buildings for the repair of trucks associated with the terminal.
- Any of various machines in which the kinetic energy of a moving fluid is converted to mechanical power by the impulse or reaction of the fluid with a series of buckets, paddles or blades arrayed about the circumference of a wheel or cylinder.
- TURBINE HEIGHT
- The distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
- UCC ORDINANCE
- Millcreek Township Ordinance No. 2004-9, as amended, which adopted the Pennsylvania Construction Code.
- Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.
- USE PERMIT/CERTIFICATE
- A permit issued upon a change in use of a structure or a parcel of land or upon request therefor which certifies that the premises complies with the provisions of this chapter and which may be used for the purposes set forth in such permit.
- VEHICLE FUEL SERVICE STATION
- An establishment where the principal use is the retail sale of gasoline, oil, or other motor vehicle fuel and no more than 15% of the floor area is used for convenience and variety goods. The premises may include as an accessory use only, facilities for polishing, detailing, greasing, washing, or otherwise cleaning, servicing, or repairing motor vehicles, but does not include liquefied petroleum gas distribution facilities.
- VEHICLE SALES, RENTAL AND SERVICE
- A facility for the sales, rental, service (including oil and tire changes) and washing of automobiles, trucks, buses, boats and marine equipment, motorcycles, campers, motor homes, recreational vehicles and other vehicles, but not including heavy equipment.
- VERTICALLY INTEGRATED HEALTH SYSTEM
- A health delivery system licensed under the Health Care Facilities
Act, in which the complete spectrum of care, including primary
and specialty care, hospitalization and pharmaceutical care, is provided
within a single organization.[Added 3-14-2017 by Ord. No. 2017-5]
- VETERINARY CLINIC/ANIMAL HOSPITAL
- A structure or use for the treatment, housing, and indoor boarding of domestic animals being treated [see "kennel (accessory)"], including but not limited to horses, cattle, dogs, cats, rabbits, and fowl.
- A structure primarily used for the storage of goods and materials.
- Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.)[Added 4-28-2015 by Ord. No. 2015-3]
- WIND ENERGY CONVERSION SYSTEM (WECS)
- Includes any device such as a wind charger, wind turbine or windmill and/or other electric-generation facility whose main purpose is to convert wind power into another form of energy such as electricity or heat, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. This term does not include "small wind turbine device."
- WIND TURBINE
- A wind energy system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.
- Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.[Added 4-28-2015 by Ord. No. 2015-3]
- WIRELESS COMMUNICATIONS FACILITY (WCF)
- The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications service.[Added 4-28-2015 by Ord. No. 2015-3]
- WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
- Any person who applies for a wireless communication facility
construction and/or zoning permit or permission to use the public
right-of-way (ROW) or other Township-owned land or property.[Added 4-28-2015 by Ord. No. 2015-3]
- WIRELESS SUPPORT STRUCTURE
- A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Township.[Added 4-28-2015 by Ord. No. 2015-3]
- An open space at grade between the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. Types of yards regulated in this chapter include:
- YARD SALE
- A sale of limited duration conducted from the yard, porch or garage of a single-family or two-family dwelling but including no sales in a public right-of-way. Such sale shall be of clothing and household items belonging to the residents only and not purchased for the purpose of resale on the premises. Yard, porch or garage sales shall be considered an accessory use and not a home occupation, and shall be limited to not more than six days or any part of a day in a calendar year.
- ZONING APPROVAL
- Approval under the provisions of this chapter certifying that an application for development or application for zoning approval for occupancy and use has fulfilled the requirements of this chapter.
- ZONING OFFICER
- The person appointed by the Millcreek Township Supervisors, having the powers and subject to the provisions set forth in the MPC, whose duty it shall be to administer this chapter and such other ordinances that may be assigned by the Township Supervisors.
- ZONING PERMIT
- A permit issued that indicates that a proposed use, building, structure or activity is in accordance with the provisions of this chapter and other applicable ordinances and regulations of the Township, and which authorizes the applicant to proceed with such use, construction or other activity. The zoning permit shall be the means by which the Township regulates use or activities other than construction and other actions expressly regulated by the Pennsylvania Construction Code but which otherwise govern such activities. Action on a zoning permit that relates to regulations of this chapter shall be subject to appeal under this chapter. Action on a zoning permit that relates to regulations under other laws or ordinances shall be subject to review as specified in such laws and other ordinances.
Editor's Note: This ordinance also repealed former definitions, "antenna height" and "antenna support structure," which immediately followed this definition.
Editor's Note: See 47 P.S. § 1-101 et seq.
Editor's Note: See 47 P.S. § 1-101 et seq.
Editor's Note: See 35 P.S. § 7210.101 et seq.
Editor's Note: Former definitions of "communications antenna," "communications equipment building," and "communications tower," which immediately followed this definition, were repealed 4-28-2015 by Ord. No. 2015-3.
Editor's Note: See 35 P.S. § 7210.101 et seq.
Editor's Note: See 53 P.S. § 10616.1.
Editor's Note: Former definition of "essential communications antenna," which immediately followed this definition, was repealed 4-28-2015 by Ord. No. 2015-3.
Editor's Note: See 50 P.S. § 7301 et seq.
Editor's Note: See 50 P.S. § 7401 et seq.
Editor's Note: See 35 P.S. § 10231.101 et seq.
Editor's Note: See 35 P.S. § 7210.101 et seq.
Editor’s Note: The former definition of “electronic message center” was repealed 7-9-2019 by Ord. No. 2019-12.
Editor's Note: Exhibit A is included as an attachment to this chapter.
Editor's Note: See 35 P.S. § 448.101 et seq.