[Ord. 11/25/2003, § 200; as amended by Ord. 08-120,
4/17/2008, § A; by Ord. 2010-135, 3/18/2010, § A;
and by Ord. 2013-151, 11/21/2013, § 1]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings indicated:
To cease or discontinue a use or activity without intent
to resume, but excluding temporary or short-term interruptions to
a use or activity during periods of remodeling, maintaining, or otherwise
improving or rearranging a facility, or during normal periods of vacation
or seasonal closure.
See "accessory use."
A structure or use that: (1) is clearly incidental to and
customarily found in connection with a principal building or use;
(2) is subordinate to and serves a principal building or a principal
use; (3) is subordinate in area, extent, or purpose to the principal
building or principal use served; (4) contributes to the comfort,
convenience, or necessity of occupants, business, or industry in the
principal building or principal use served; and (5) is located on
the same lot as the principal building or use served.
A person who has attained 18 years of age.
An establishment where, for any form of consideration, one
or more motion picture projectors, slide projectors, or similar machines
for viewing by five or fewer persons each are used to show films,
motion pictures, video cassettes, slides, or other photographic reproductions
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
An establishment that has as a substantial portion of its
stock-in-trade and offers for sale, for any form of consideration,
any one or more of the following: (1) books, magazines, periodicals,
or other printed matter, or photographs, films, motion pictures, video
cassettes, slides, or other visual representations that are characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas; or (2) instruments, devices,
or paraphernalia that are designed for use in connection with specified
sexual activities.
A nightclub, bar, restaurant, or similar establishment that
regularly features live performances that are characterized by the
exposure of specified anatomical areas or by specified sexual activities,
or films, motion pictures, video cassettes, slides, or other photographic
reproductions in which a substantial portion of the total presentation
time is devoted to the showing of material that is characterized by
an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
An establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar photographic
reproductions are shown, and in which a substantial portion of the
total presentation time is devoted to the showing of material characterized
by an emphasis on the depiction or description of specified sexual
activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar establishment
characterized by activities of which a substantial portion of the
presentation time features the exposure of specified anatomical areas
or by specified sexual activities.
Any of the following uses: adult arcade, adult bookstore,
adult novelty store, adult video store, adult cabaret, adult cinema,
adult theater, escort agency, nude model studio, peep show, sexual
encounter establishment.
Any machine or structure supported for flight in the air
by buoyancy or by the dynamic action of air on its surfaces, including
powered airplanes, gliders, helicopters, ultralights, and hot-air
and gas-filled balloons.
A landing area that may be used for flight operations, including
charter or leasing of aircraft, aircraft sales, aircraft rental, flight
instruction, air freight, aircraft maintenance and repair, but excluding
scheduled airlines.
A paved or cleared strip on which aircraft land and take
off. Such an area shall not include charter or leasing of aircraft,
aircraft sales, aircraft rental, flight instruction, air freight,
or aircraft maintenance and repair.
Tilling of the soil, raising of crops, horticulture, and
animal husbandry.
A public thoroughfare that affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
A change or rearrangement in the structural parts or in the
existing facilities of a building or structure, or an enlargement,
whether by extending on a side or by increasing height, or the moving
from one location or position to another.
See "structural alteration."
Equivalent unit 1,000 live weight of livestock or poultry,
regardless of the actual number of individual animals comprising the
unit.
A building used for the treatment, housing, or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves external to or attached to the exterior of any building.
A facility for the housing and personal care of persons age
55 or older who require only intermittent care to maintain the basic
needs of daily living, including hygiene, cooking, cleaning, eating,
nutrition, ambulatory care, recreation, community activities, and
mobility, general safety, and similar activities of everyday living.
An assisted living facility does not include a nursing home, retirement
community, halfway house, drug or alcohol rehabilitation center, or
similar facility.
A building for storing livestock, forage, or crops associated
with agricultural activities occurring on the same tract of land as
the building in question.
Any area of a building having a floor below ground level
on all sides.
A single-family detached dwelling where between one and five
sleeping accommodations are rented to overnight guests on a daily
basis for periods not exceeding two weeks. Meals may be offered only
to registered overnight guests.
A vehicle for traveling in or on water, not exceeding 30
feet in body length, eight feet in width, or 12 feet in overall height.
Height includes the trailer, if the boat is mounted on a trailer.
A landscaped area intended to separate and sometimes partially
or fully obstruct the view of two adjacent land uses or properties
from one another. Unless otherwise specified, buffers may be included
as part of required setbacks and yard areas.
A structure or appendage to a structure that is permanently
affixed to the land, has one or more floors or stories, and is bounded
by either lot lines or yards.
The aggregate of the maximum horizontal cross-section area
of the buildings on a lot, excluding cornices, eaves, or gutters projecting
not more than 24 inches, steps, chimneys, balconies, and terraces,
none of which shall project more than two feet.
The percentage of the lot area covered by the legally prescribed
building area.
That portion of a lot in which buildings may be erected,
as determined by the minimum required front, side, and rear yard setbacks.
The line, parallel to the street line, that passes through
the point of the principal building nearest the front lot line.
FRONT YARD BUILDING SETBACK LINEThe line parallel to the public street right-of-way line at a distance equal to the minimum depth of the front yard designated for each district in this chapter. All yards adjacent to a public street right-of-way shall be considered front yards.
SIDE YARDThe required open space extending along the side lot line from the front yard to the rear yard.
REAR YARDThe required open space extending along the rear lot line (not a street line) throughout the whole width of the lot.
The diameter of a tree trunk measured at a point 4 1/2
feet from the ground surface at the center of the base of the tree
(also known as "DBH").
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary, or seasonal nature, including a travel trailer camp or
travel trailer court.
A roofed area projecting from the side of a building or standing
alone, used as a shelter for motor vehicles.
That area of a road or other street within which vehicles
are permitted, including travel lanes but not including shoulders,
curbs, gutters, sidewalks, or drainage swales.
Used or intended to be used for the burial of the dead and
dedicated for cemetery purposes, including columbariums, mausoleums,
and mortuaries when operated in conjunction with and within the boundaries
of such cemetery. Crematories are excluded from cemeteries.
A building or group of buildings, including customary accessory
buildings, designed or intended for organized religious services.
For the purpose of this chapter, the word "church" shall include chapels,
cathedrals, temples, and similar designations.
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
A private, noncommercial, and not-for-profit association
or corporation, organized and engaged in common recreational, swimming,
and social purposes or other common objectives related to community,
charitable, educational, or political purposes and consisting solely
of a limited membership that operates and controls the association
or corporation, excluding churches, synagogues, or other houses of
worship.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space, and preservation of environmentally-sensitive
areas.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
See "open space."
A place, structure, area, or other facility used for and
providing social and/or recreational programs generally open to the
public and designed to accommodate and serve significant segments
of the community.
A space that will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Agricultural operations that exceed an animal density of
two animal equivalent units per acre.
A use permitted in a particular zoning district by the Board
of Supervisors pursuant to the provisions of this chapter and Article
VI of the Pennsylvania Municipalities Planning Code.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions and organized in accordance
with the Pennsylvania Uniform Condominium Act.
Destruction of a building or structure, all or in part, whether
systematic or by neglect. Demolition shall include the extensive removal
or stripping of significant interior or exterior architectural features
and leaving a building or structure open or vulnerable to vandalism
or decay by the elements.
The gross acreage of a tract or lot minus the area of public
rights-of-way, utility easements or rights-of-way, floodplains, wetlands,
50% of steep slopes greater than 25%, and 25% of steep slopes between
15% and 25%.
Any landowner, equitable owner or authorized agent of such
landowner who makes or causes to be made a subdivision of land or
a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets, and other paving; utilities;
filling; grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The provisions for the development of a residential, commercial,
or industrial site prepared in accordance with this chapter including,
but not limited to, a plat of subdivision, location of various uses,
all covenants relating to use, location, and bulk of buildings and
other structures, intensity of use or density of development, streets,
parking facilities, common open space, and public facilities. The
phrase "provisions of the development plan," when used in this chapter,
shall mean both the verbal and graphic materials referred to in the
proposal.
An area that includes all buildings, lots, and tracts within
certain designated boundaries as indicated on the Zoning Map or Maps.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile.
A private way providing for vehicular and pedestrian access
between a public street and a parking area within a lot or tract.
A building or portion thereof that is used exclusively for
residential purposes:
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied by one Family and having no wall in common with an adjoining building.
TWO-FAMILY DWELLINGA building designed for and occupied by two families.
TWIN OR SEMI-DETACHEDA building with one unit on each side of a common wall.
DUPLEXA building with one unit placed above the other so that they share a common horizontal partition.
SINGLE-FAMILY ATTACHED DWELLINGA building containing not more than six dwelling units separated by parallel party walls, each of which has only one dwelling from ground to roof, independent outside access, not more than two walls in common with adjacent units and open-space exposures to the front and rear (internal units) or front, rear and one side (end units). Such dwellings shall include, but not be limited to, the following types: triplex, quadruplex, townhouses (in rows of no more than six units).
MULTI-FAMILY DWELLINGA building designed for and occupied by more than two families. Such dwellings shall include, but not be limited to, the following types: townhouses (in rows of more than six units), stacked townhouses, multiplex, garden apartments, mid-rise apartments.
Two or more rooms used exclusively for occupancy by one person
or family, containing living, sleeping, cooking, and bath facilities
for the use of and under the control of the occupants.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation, or another person
or entity.
A person who performs any service on the premises of a sexually-oriented
business on a full-time, part-time, or contract basis, whether or
not the person is denominated an employee, independent contractor,
agent, or otherwise, and whether or not said person is paid a salary,
wage, or other compensation by the operator of said business. "Employee,
sexually-oriented business" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises, or for the delivery of goods to the premises.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association that furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip, or other consideration.
The erection, construction, alteration, or maintenance, by
public utilities or municipal or other governmental agencies or private
corporations under contract to a municipality, of gas, electrical,
telephone, steam or water transmission or distribution system, and
sewer and solid waste disposal systems, including buildings, enclosures,
wells, pumping stations, poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm boxes, police call boxes, traffic light
signals, hydrants, sanitary landfills, incinerator waste disposal
areas, and other similar equipment and accessories and services in
connection therewith, reasonably necessary for the furnishing of adequate
service by such public utilities or municipal or other governmental
agencies or private corporations under contract to a municipality
including firehouses of fire companies and emergency services under
agreement with the municipality or for the public health or safety
or general welfare.
A space that will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
Any of the following:
The opening or commencement of any sexually-oriented business
as a new business.
The conversion of an existing business, whether or not a sexually-oriented
business, to any sexually-oriented business.
The addition of any sexually-oriented business to any other
sexually-oriented business.
The relocation of any sexually-oriented business.
Any number of individuals living and cooking together as
a single housekeeping unit, provided that not more than three of such
number are unrelated to all of the others by blood, marriage, or legal
adoption. Domestic servants shall be considered an adjunct to the
term "family." A "family" as herein defined specifically excludes
individuals and groups occupying a boarding or rooming house, lodging
house, club, group home, fraternity, hotel, or similar living environment.
A farm that has enrolled in a federal, state, or local governmental
farmland preservation program, in which the development rights have
been transferred to the government program in perpetuity.
The enclosing or dividing framework for land, yards, or gardens;
a barrier of posts, wire, or other suitable materials.
A fence consisting of, except for basic structural support,
a series of longitudinal and transverse wires arranged at right angles
to each other and welded or otherwise joined together at all points
of intersection. Openings in such a fence shall be a minimum of 24
square inches.
A temporary inundation of normally dry land.
An area adjoining a creek, stream, or other watercourse,
that is subject to partial or complete inundation; an area subject
to the accumulation or runoff of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
The designated area of floodplain required to carry and discharge
flood water of a given magnitude. For the purposes of this chapter,
a floodway shall be capable of accommodating a flood of the one-hundred-year
magnitude.
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics, and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars, unenclosed porches, or attics not used for human
occupancy, or any floor space in accessory buildings or in the main
building intended and designed for the parking of motor vehicles in
order to meet the parking requirements of this chapter, or any such
floor space intended and designed for accessory heating and ventilating
equipment. It shall include the horizontal area at each floor level
devoted to stairwells and elevator shafts.
Determined by dividing the gross floor area of all buildings
on a lot by the developable acreage of that lot.
A unit of illumination equal to one lumen per square foot
(one footcandle = 10.76 lux).
The length of any one property line of a premises, which
property line abuts a legally accessible street right-of-way.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: (1) embalming
and the performance of other services used in preparation of the dead
for burial; (2) the performance of autopsies and other surgical procedures;
(3) the storage of caskets, funeral urns, and other related funeral
supplies; and (4) the storage of funeral vehicles, but shall not include
facilities for cremation. Where a funeral home is permitted, a funeral
chapel shall also be permitted.
An enclosed area of land of at least one acre, for the not
for profit protection and managed care of wildlife.
An accessory building or part of a permitted principal building
capable of the storage of automobiles or trucks owned and used by
the owner or tenant of such building. Such building shall not be utilized
at any time for commercial or business purposes.
A building other than a private garage, one or more stories
in height, used for the storage, maintenance, and repair of motor
vehicles.
A building, not a private or commercial garage, used solely
for the temporary parking or storage of motor vehicles and not intended
for the sale of gasolines or other flammable products.
A lot or area of land, together with any structure thereon,
used for the retail sale of motor fuel and lubricants, and incidental
services such as the sale, installation, or minor repair of tires,
batteries, or other automotive accessories.
A sensation of brightness within the visual field that causes
annoyance, discomfort, or loss in visual performance and visibility.
The Board of Supervisors of Cumberland Township, Adams County,
Pennsylvania.
The average of the finished ground level at the center of
all walls of a building.
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In cases where walls are parallel to and within five feet of
a sidewalk, the ground level shall be measured at the sidewalk.
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An enclosed building used for the cultivation of plants.
The floor of a building nearest the mean grade of the front
of the building.
Substances that are carcinogenic, flammable, and that may
be toxic to human beings and that may contaminate the air, land, or
water and that include, but are not limited to, inorganic mineral
acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorus,
selenium, and arsenic and their common salts; asbestos; lead, nickel,
and mercury, and their inorganic salts or metallo-organic derivatives;
coal tar acids, including phenol and cresol and their salts; and all
radioactive substances.
A vertical distance measured from the average elevation of
the ground level at the two front corners of a building to the highest
point of the roof excluding chimneys, spires and other similar projections.
An area to accommodate landings, take-off, and storage of
helicopters. Such an area may also include support services such as
fueling, maintenance equipment, and storage hangers.
Any building, structure, road, road corridor, bridge, marker,
fence, sign, tree, hedgerow, site, encampment, district, passage,
object, or vista contained on the list and/or map of Historic Resources
in the Cumberland Township Comprehensive Plan, adopted June 2000,
and as may be amended by the Board of Supervisors.
Any single lawful commercial use of a dwelling unit as customarily
incidental and accessory to a permitted residential use, conducted
by any one person who makes the residence his or her primary dwelling.
An institution that:
Is primarily engaged in providing, by or under the supervision
of physicians, to inpatients:
Maintains clinical records on all patients.
Has bylaws in effect with respect to its staff of physicians.
Has a requirement that every patient must be under the care
of a physician.
Provides twenty-four-hour nursing service rendered or supervised
by a registered professional nurse and has a licensed practical nurse
or registered professional nurse on duty at all times.
Is licensed as a hospital pursuant to the laws of the Commonwealth
of Pennsylvania or is approved by the agency of the Commonwealth of
Pennsylvania or locality covering Cumberland Township responsible
for licensing hospitals as meeting the standards established for such
licensing.
A structure used for the care and treatment of sick or wounded
domestic animals.
A building or group of buildings containing a specified number
of guest rooms especially designed for the temporary lodging of transient
guests, provided that no room shall have cooking facilities of any
kind. Such establishment shall furnish to the occupants customary
services, such as maid service and the furnishing and laundering of
linen. Eating facilities may be added as an accessory use to the hotel,
motel, or inn.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Any surface on a lot that blocks the natural percolation
of water. Examples include, but are not limited to, structures, including
eaves, roofs, and roof overhangs; parking areas; driveways; sidewalks;
patios; sport courts; and pools.
Physical additions and changes to land, such as grading,
paving, curbing, fire hydrants, water mains, sanitary sewers, capped
sewers, storm sewers, storm drains, catch basins, culverts, sidewalks,
monuments, crosswalks, bridges, earthworks, street lights, street
trees, other plantings, and other structures.
Any use of land, buildings, and structures for educational,
religious, social, or health care facilities, including dependent,
family and group care facilities; clinics and hospitals; schools for
basic and higher education; churches and other places of worship;
child care centers including day camps; cemeteries, and any philanthropic
use.
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of waste paper, rags, scrap
metal, or discarded material, or for the collecting, dismantling,
storage, and salvaging of machinery or vehicles not in running condition,
and for the sale of parts thereof.
A use of land, except when related to farming, where three
or more animals are kept, boarded, raised, bred, treated, or trained
for a fee.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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.
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.
A subdivision of land.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any conditions), a lessee having
a remaining term of not less than 40 years, or other person having
a proprietary interest in land.
A licensed gaming facility as authorized by the Commonwealth
of Pennsylvania, pursuant to 4 Pa.C.S.A., Part II, the "Pennsylvania
Race Horse Development and Gaming Act."
Swine, cattle, sheep, goats, horses, or fowl raised or kept
on a farm.
An off-street parking space on the same lot with a building
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
One duly recorded plot or parcel of land on which a permitted
use or building and an accessory use or building may be placed, together
with the required yards and areas required by this chapter, not including
any land within the limits of a street right-of-way upon which said
lot abuts, even if a portion of the right-of-way is maintained by
the owner of the lot.
The area of land contained within the property lines of a
lot, including the area of any easement, but excluding any area with
an existing or designated future road right-of-way.
A lot abutting upon two or more streets, or upon two parts
of the same street, forming an interior angle of less than 135°.
The percentage of the lot area that is occupied by the building
area.
The distance along a straight line drawn from the midpoint
of the front lot line to the midpoint of the rear lot line.
The distance measured along the street line of the lot abutting
a public road, street, or highway.
A property boundary line shown on a recorded plan or described
in a recorded deed. In the case of any lot abutting a street, the
"lot line" for the portion of the lot abutting the street shall be
deemed to be the same as the street line and shall not be the center
line of the street or any other line within the street right-of-way.
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(1)
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FRONT LOT LINE — The lot line abutting a street and coinciding
with the street line. In the case of a corner lot, both street lines
shall be deemed the "front lot line."
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(2)
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REAR LOT LINE — A lot line opposite and most distant from
the front lot line. If the "rear lot line" is less than 10 feet in
length or if the lot forms a point at the rear, the "rear lot line"
shall be deemed to be a line 10 feet in length within the lot, between
the side lot lines, parallel to and at the maximum distance from the
front lot line. For a corner lot, of the two lot lines opposite the
front lot lines, that which is most distant will be the "rear lot
line."
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(3)
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SIDE LOT LINE — Any lot line that is not a street line
or a rear lot line.
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A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located, by reasons of such adoption or amendment.
The horizontal distance measured between the side lot lines
at the required or proposed building setback line. In the case of
a unit of a twin or semi-detached dwelling, the lot width shall be
measured between the side lot line and the center line of the party
wall, and in the case of a unit of a single-family attached dwelling
the lot width shall be measured either between the side lot line and
the center line of the party wall or between the center lines of adjacent
party walls. In each of the aforementioned cases involving party walls,
the center line of the party walls shall be construed as a side lot
line.
The lowest floor of the lowest fully enclosed area (including basement) of a building. An unfinished, flood resistant, partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable non-elevation design requirements of § 27-1102 of this chapter.
A unit of illumination equal to one lumen per square meter.
(One lux = .0929 footcandle).
See "mobile home."
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting away of any structural beam or bearing support, or the
removal or change of any required means of egress, or rearrangement
of parts of a structure affecting the exitway requirements; nor shall
minor repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A transportable single-family detached 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, that 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 parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land that has been so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
Structures for which the start of construction commenced
on or after the effective date of this chapter, including subsequent
improvement hereto.
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use as a residential
dwelling and that involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
that is detectable in the neighborhood.
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.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment.
A use, whether of land or of structure, that does not comply
with the applicable use provisions of this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment.
Any place where a person who appears semi-nude, in a state
of nudity, or who displays "specified anatomical areas" and is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. "Nude model studio" shall not include a proprietary
school licensed by the State of Pennsylvania or a college, junior
college, or university supported entirely or in part by public taxation;
a private college or university that maintains or operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or in a structure:
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(1)
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That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or semi-nude person
is available for viewing.
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(2)
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Where in order to participate in a class a student must enroll
at least three days in advance of the class.
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(3)
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Where no more than one nude or semi-nude model is on the premises
at any one time.
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The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft, or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernible turgid state.
An institution that:
Has policies that are developed with the advice of, and with
provision of review of such policies from time to time by, a group
of professional personnel, including one or more physicians and one
or more registered professional nurses to govern the skilled nursing
care and related medical or other services it provides.
Has a physician, a registered professional nurse or a medical
staff responsible for the execution of such policies.
Has a requirement that the health care of every patient must
be under the supervision of a physician and provides for having a
physician available to furnish necessary medical care in case of emergency.
Maintains clinical records on all patients.
Provides twenty-four hour nursing services and has at least
one registered professional nurse employed full time.
Provides appropriate methods and procedures for the dispensing
and administering of drugs and biologicals.
Is licensed as a "nursing home" pursuant to the laws of the
Commonwealth of Pennsylvania or is approved by the agency of the Commonwealth
of Pennsylvania or locality covering Cumberland Township responsible
for licensing institutions of this nature as meeting the standards
established for such licensing.
An airborne emission that creates a nuisance.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations.
A flood that, on average, is likely to occur once every 100
years (i.e., that has 1% chance of occurring each year, although the
flood may occur in any year).
A parcel or parcels of land or an area of water or a combination
of land and water within a development site, logically interrelated
and interconnected, and designed and intended for the use and enjoyment
of the residents of the development and/or community, not including
streets, stormwater management facilities, required off-street parking
areas, and required yards. Open space shall be substantially free
of structures but may contain such improvements as are in the development
plan as finally approved and as are appropriate for the recreation
of the residents served thereby.
A parcel of land designated for outdoor enjoyment that is
open and may include such facilities as play area, bike trails, hiking
paths, and family picnic areas.
A reasonably level space, available for the temporary parking
of one motor vehicle, exclusive of passageways, driveways, or other
means of circulation or access. A "parking space" shall include either
covered garage spaces or uncovered parking lot space located off the
street right-of-way. Such spaces may include but not be limited to
parking lots, private garages, or, when permitted, other structures
and accessories or service facilities or facilities above or under
the ground.
A fire wall on an interior lot line used or adapted for joint
service between two buildings.
A portion of land paved with a weatherproof surface for parking
space, driveways, or streets. A "weatherproof" surface may include
crushed stone or similar materials when the surface is maintained
in good condition.
The presentation of material distinguished or characterized
by an emphasis on matter depicting or describing "specified sexual
activity" or "specified anatomical areas" for observation by parties
in a viewing booth.
Pennsylvania Act 247 of 1968 (P.L. 805) as amended, also
cited as 53 P.S. § 10101 et seq., or any subsequent act
of the Commonwealth of Pennsylvania that replaces, supplements, or
repeals any or all of the provisions of Act 247.
See "open space."
A document issued by the Zoning Officer of Cumberland Township
authorizing an applicant to undertake certain activities, as further
defined below:
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(1)
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BUILDING PERMIT — A permit indicating that a proposed
construction, alteration, or reconstruction of a structure is in accordance
with the construction provisions of any Building Code that may be
adopted by Cumberland Township and authorizing an applicant to commence
said construction, alteration, or reconstruction.
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(2)
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CERTIFICATE OF OCCUPANCY — A certificate issued upon completion
of the construction of a structure, or changes in use of a structure
or parcel of land, indicating that the premises comply with the provisions
of this chapter and other regulations of Cumberland Township and may
be used for the purposes set forth in the certificate.
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(3)
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ZONING PERMIT — A permit issued indicating that a proposed
use, building, or structure is in accordance with the provisions of
this chapter or with an order of the Zoning Hearing Board and authorizing
the applicant to proceed with said use, building, or structure.
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An individual, partnership, public or private association
or corporation, 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.
A facility in which room and/or board are provided to any
person having limited or diminished ability to care for themselves
due to conditions of age. A personal care home shall include rest
home, nursing home, and convalescent home. Planning Commission An
agency of Cumberland Township as duly appointed for specified terms
by the Board of Supervisors of Cumberland Township for duties as prescribed
in the Pennsylvania Municipalities Planning Code.
An area containing a minimum of 25 contiguous acres to be
planned, developed, operated, and maintained as a single development,
or in phases, and containing one or more residential clusters of single-family
attached townhouse dwellings (in rows of no more than six units),
and common open space owned and maintained by a homeowners association
or similar organization approved by the Cumberland Township Board
of Supervisors. The planned use development is a specific development
option in Cumberland Township in accordance with the terms of this
chapter.
Trees, shrubs, and ground covers that are installed and maintained
in accordance with a landscaping plan approved by the Board of Supervisors.
The main use of land or structures, as distinguished from
a secondary or accessory use.
A formal meeting held pursuant to public notice by the Board
of Supervisors or Planning Commission, intended to inform and obtain
public comment, prior to taking action in accordance with the Pennsylvania
Municipalities Planning Code.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Those recreational pursuits that require physical alteration
to the area in which they are performed. Such areas are intensively
used and include, but are not limited to, playgrounds, ball courts,
golf courses, and swimming pools.
Recreational pursuits that can be carried out, with little
alteration or disruption in the area in which they are performed.
Such uses include, but are not limited to, hiking, biking, and picnicking.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
A use involving a structure or place in which worship and
ceremonies pertaining to a particular system of beliefs are held.
An establishment furnishing prepared food to the public to
be consumed on or off the premises.
An establishment where horses are kept for riding or driving,
or are stabled for compensation, or incidental to the operation of
any club, association ranch, or similar establishment.
A strip of land occupied or intended to be occupied by street,
crosswalk, railroad, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer main, shade trees, or other special
use.
The expected future right-of-way width for a public street,
computed from the center line of an established right-of-way and delineated
by a line parallel to the center line.
The number of the area on a Ringelmann chart that most nearly
matches the light obscuring capacity of smoke as described in the
U.S. Bureau of Mines Information Circular No. 6888. Smoke below the
density of Ringelmann No. 1 shall be considered as Ringelmann No.
0 or no smoke.
The state of dress in which clothing partially or opaquely
covers specified anatomical areas.
The required minimum horizontal distance between the building
line and the related front, side, or rear property line.
A system, whether publicly or privately owned, for the collection
of sewage from two or more lots, and for the treatment or disposal
of the sewage on one or more of the lots or at any other site.
An establishment other than a hotel, motel, or similar establishment
offering public accommodations, which, for any form of consideration,
provides a place where two or more persons may congregate, associate,
or consort, in connection with specified sexual activities or the
exposure of specified anatomical areas. This definition does not include
an establishment where a medical practitioner, psychologist, psychiatrist,
or similar professional person engages in sexual therapy which they
are licensed to perform.
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
A triangular-shaped area of unobstructed vision at the intersection
of any combination of streets, roads, rights-of-way, private roads,
alleys, or driveways. Two sides of the triangle shall be considered
to extend 15 feet horizontally from the intersection of the vehicle
traveled areas, unless otherwise specified. The height of the sight
triangle area shall be considered to be from 36 inches above grade
to 10 feet above grade.
Any permanent or temporary structure or part thereof inclusive
of but not limited to flags, banners, or whirlygigs or any device
attached, painted, or represented directly or indirectly on a structure
or other surface that shall display or include any letter, word, insignia,
flag, or representation used as or that is in the nature of an advertisement,
announcement, visual communication, direction, or is designed to attract
the eye or bring the subject to the attention of the public. Flags
of any governmental unit or branch of any charitable or religious
organization, interior signs not visible from a public right-of-way
or adjoining property, and cornerstones built into or attached to
a wall of a building shall not be construed to be "signs."
An assembly of people for the purpose of business or public
amusement or entertainment, reasonably anticipated to number 200 or
more participants for a continuous period of two hours or more.
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code.
Human genitals, pubic region, anus, buttocks, female breast(s)
below a point immediately above the top of the areola, or human male
genitals in a discernibly turgid state, even if completely covered.
Any of the following:
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(1)
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The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts.
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(2)
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Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy.
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(3)
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Excretory functions as part of or in connection with any of
the activities set forth in Subsections (1) and (2) above.
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An area of land that is characterized by a change in elevation
of 15% or more over a horizontal distance of two feet or greater.
An area of land that is characterized by a change in elevation
of 25% or more over a horizontal distance of two feet or greater.
A building consisting of individual, compartmentalized, self-contained
units that are leased or owned for the storage of business and household
goods or contractor's supplies.
The space between the surface of two successive floors in
a building or between the top floor and the ceiling or underside of
the roof framing. The number of stories shall be counted at the point
from which the height of building is measured. For the purposed of
determining the maximum number of permitted stories, the term story
shall not include cellars, stair or elevator penthouses, or other
roof structures, provided the total area of all roof structures located
above the top story does not exceed one-third of the total roof area.
A story under a gable, hip, or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not over two
feet above the finished floor of such story.
A right-of-way, municipally or privately owned, serving as
a means of vehicular and pedestrian travel and furnishing access to
abutting properties and space for sewers and public utilities.
Major and minor arterials as designated by the Current Roadway
Functional Classification Map of the Cumberland Township Comprehensive
Plan.
Collectors and minor collectors as designated by the Current
Roadway Functional Classification Map of the Cumberland Township Comprehensive
Plan.
The line dividing a lot from a street.
A street or road used primarily as the principal means of
access to adjacent residential properties.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams, or girders, or any change that would convert an existing building
into a different structure or adapt it to a difference use, or that,
in case of a nonconforming use, would prolong the life of such use.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damaged occurred.
See "substantial improvement."
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either; (1) before the improvement or repair is started,
or (2) if the structure has been damaged and is being restored, before
the damage occurred.
Any body of water or receptacle for water having a depth
at any point greater than two feet used, or intended to be used, for
swimming or bathing and constructed, installed, or maintained in or
above the ground, outside any building.
A swimming pool or hot tub and the apparatus and equipment
pertaining to such pool maintained by an individual for the sole use
of his household and guests without charge for admission and not for
the purpose of profit or in connection with any business operated
for profit and located on a lot as an accessory use to a residence.
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
motels, hotels, and other similar uses.
An establishment primarily devoted to indoor or outdoor theatrical
performances and shall mean a building, playhouse, room, hall or other
place having permanently fixed seats so arranged that a body of spectators
can have an unobstructed view of the stage, upon which theatrical,
musical, band, or similar performances are given, and in which the
serving of food and/or beverages is clearly incidental to such performances.
A collection of indoor or outdoor amusement rides, indoor/outdoor
water park rides, and other entertainment attractions, including resort/hotel
operations, located on one primary tract of land, assembled for the
purpose of entertaining a fairly large group of people.
An area of land consisting of one or more contiguous lots,
excluding lots separated by existing public streets, considered as
a single entity for land development.
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ACCESSORY TRACT – Tracts of land affiliated and or associated
with the primary tract containing theme/amusement/entertainment/water
parks that may include auxiliary parking areas, transit operations,
administration buildings and facilities, and or infrastructure or
utility facilities. The accessory tract of land(s) may contain one
or more properties held in ownership by one or more property owners.
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PRIMARY TRACT – The designated portion of a tract of land
containing the property's primary use(s) including all existing
and proposed buildings, facilities, rides, lodging, common areas for
picnicking, amphitheater/concert halls. And recreation park areas.
The primary tract of land may contain one or more properties held
in ownership by one or more property owners.
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A vehicle or structure without motive power used to haul
freight or cargo and commercially registered by the state.
All, lands in floodplains and wetlands; all steep slope and
very steep slope areas; all street rights-of-way; those portions of
any lot covered by the front, side, and rear setback areas as established
and required by Parts of this chapter.
Any portion of a lot, regardless of zoning, not included
within the primary tree protection area.
Any act that causes a tree to die within a period of two
years including, but not limited to, damage inflicted upon the root
system by machinery, storage of materials, and soil compaction; changing
the natural grade above the root system or around the trunk; damage
inflicted on the tree permitting infection or pest infestation; excessive
pruning; paving with concrete, asphalt, or other impervious material
within such proximity as to be harmful to the tree.
Any lot, tract, or parcel of land that has not been graded
or in any other manner improved.
1980; July 2, P.L. 286, No. 82; 68 Pa.C.S.A. § 3101
et seq., as amended.
See "dwelling unit."
Any purpose for which a lot or structure may be designed,
arranged, intended, maintained, or occupied, or any activity, occupation,
business, or operation carried on in a structure on a lot.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code.
A vehicle with length exceeding 18 feet.
A vehicle that is (1) built on a single chassis; (2) not
more than 250 square feet, measured at the largest horizontal projections;
(3) assigned to be self-propelled or permanently towable by a light-duty
truck; (4) not assigned for use as a permanent dwelling but as temporary
living quarters or recreational, camping, travel, or seasonal use.
A building used primarily for the storage of goods and materials.
Pond, reservoir, lake, or impounded mass of water.
A stream of water, river, brook, creek; a channel or ditch
for water whether natural or man-made.
Any publicly- or privately-owned water generation, collection,
and distribution system that serves more than one building or lot.
Wetlands Those areas that are inundated or saturated by surface or
ground water 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.
An opening, usually glazed, in an external wall of a building
to admit light and sometimes air.
An external wall of a building that has more than 2% of its
total surface area as windows.
An external wall of a building that has 2% or less of its
total surface area as windows.
An occupied space, open to the sky, extending from the lot
line to a structure. The size of a required yard shall be measured
as the shortest distance between the structure and lot line.
A sale of limited duration of clothing and household items
belonging to the residents of a dwelling and conducted from the yard,
porch, or garage of that dwelling.
A contiguous area of land on all parts of which the same
uniform zoning regulations apply.
The perimeter line completely enclosing a zoning district.
A board appointed by the Board of Supervisors to examine
and decide appeals for the relief from strict conformance to this
chapter or relief from a decision of the Zoning Officer, to hear and
render final adjudications for applications for special exceptions,
and to hear testimony regarding the validity of any zoning regulations
upon development in the Township.
The official plan of zoning districts in the Township showing
precisely the boundaries and titles of each zoning district, which
map is a part of this chapter.
