For the purpose of this chapter, certain terms and words shall
be interpreted or defined as follows:
A.
Words used in the present tense shall include the future.
B.
Words used in the singular shall include the plural, and the plural
shall include the singular.
C.
The word "person" includes a corporation as well as an individual.
D.
The word "lot" includes the word "plat" or "parcel."
E.
The term "shall" is always mandatory.
F.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended," "arranged" or
"designed to be used or occupied."
G.
The word "building" includes the word "structure."
H.
The word "erected" shall include the word "constructed."
I.
The word "moved" shall include the word "relocated."
J.
Those definitions cited under § 400-6, Definitions, that are furthermore listed as authorized principal uses within the respective zoning districts of this chapter shall be interpreted to exclude uses more specifically defined within § 400-6, unless otherwise stated.
[Added 1-27-2016 by Ord.
No. 224]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
For purposes of this chapter, accessory buildings shall include,
but not be limited to, the following, which are subordinate to the
principal buildings on the same lot:
In all residential zones:
Children's playhouse, picnic shelter, greenhouse (noncommercial),
garage, carport, garden house or storage building for domestic storage.
Swimming pool, ornamental pool, tennis court, basketball court
or similar private recreational facility.
Storage of camping, sports and similar equipment, owned or leased
for noncommercial purposes, for the use of the residents of the premises.
Home gardening.
A use that is subordinate and incidental to the main use
or uses on the same lot or premises. Said uses shall not include nonconforming
uses under the terms of this chapter.
Entertainment or exhibition consisting of the use or depiction
of nudity or of dancing, posing, displaying, acting, or other presentation
or use of persons, which are distinguished or characterized by emphasis
on use of the human body in a manner intended to or resulting in arousal
of sexual excitation or sexual titillation or a prurient interest
or intended to or resulting in producing lustful emotions.
[Added 12-12-1998 by Ord. No. 153]
Any adult bookstore, adult cabaret, adult mini motion-picture
theater, adult theater, massage establishment or other place which
offers or provides adult entertainment, as defined herein or which,
under the Pennsylvania Obscenity Code,[2] must exclude minors or may not knowingly disseminate to
minors. In the event that an activity or business which might fall
under a use category other than adult-oriented use is combined with
and/or includes activities which constitute an adult bookstore, adult
cabaret, adult mini motion-picture theater, adult movie theater, massage
establishment or adult entertainment as defined herein, then such
activity or business shall constitute an adult-oriented use and shall
be governed by those provisions in this chapter applicable to adult
oriented uses in addition to those provisions applicable to any other
use category. In the event of conflict, the more stringent provisions
shall govern.
[Added 12-12-1998 by Ord. No. 153]
ADULT BOOKSTOREAn establishment, having as a substantial or significant portion of its stock-in-trade (for sale, rental or other use), books, magazines, video cassettes, movies, periodicals, media, computer software or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or nudity as defined herein, or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
ADULT CABARETA cabaret, tavern, restaurant, theater, club or other establishment which features strippers, male or female impersonators or performers, employees, owners, members or contractors who exhibit, display or engage in nudity or seminudity, sexual conduct or sadomasochistic abuse, as defined herein, or, if not so defined, then as defined in the Pennsylvania Obscenity Code.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities," "specified anatomical areas," nudity or sadomasochistic abuse as defined in this chapter, or if not so defined, then as defined in the Pennsylvania Obscenity Code, or shows rated "X" by the Motion Picture Coding Association of America or so-called "adult films" depicting sexual conduct or nudity as defined by this chapter for observation by patrons within private viewing booths and/or by use of token or coin-operated projectors or other video machines.
ADULT THEATERAny business or establishment, indoor or outdoor, which exhibits a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct, "specified sexual activities," "specified anatomical areas" or sadomasochistic abuse as defined in the Pennsylvania Obscenity Code or shows rated "X" by the Motion Picture Coding Association of America or so-called "adult films" depicting sexual conduct or nudity as defined by this chapter.
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the state. This definition does not include an athletic 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.
Any use of land or structures for farming, dairying, pasturage,
horticulture, floriculture, arboriculture or animal or poultry husbandry.
Accessory activities and structures permitted in conjunction with
an agricultural use may include barns, stables, corn cribs, silos
and other similar uses or structures that are clearly related to an
agricultural operation.
A service way at least 20 feet wide, providing a secondary
public means of access to abutting properties.
Any change in the supporting members of a building such as
bearing walls, columns, beams, girders or foundations, or by extending
on a side, front or rear, or by increasing in height, or the moving
from one location to another, or any change in use from a conforming
zoning district classification.
The depiction of male genitals in a discernibly turgid state,
whether uncovered or completely and opaquely covered.
[Added 12-12-1998 by Ord. No. 153]
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 1-27-2016 by Ord.
No. 222]
A room or suite of rooms in a multifamily structure which
is designed for use as a single housekeeping unit, and which contains
a functional kitchen, bath and toilet facilities, permanently installed.
Any person, firm, company, organization or entity submitting
an application that requires a determination or decision under this
chapter.
[Added 1-27-2016 by Ord.
No. 223]
Area of a lot or site shall be calculated from dimensions
derived by horizontal projection of the site.
The total of areas taken on a horizontal plane at the main
grade level of the principal building exclusive of uncovered porches,
terraces, steps, garages and other accessory buildings.
Engine maintenance, repair or reconditioning, collision repair,
including straightening and repainting, replacement of parts and incidental
services.
The dismantling or disassembling of two or more used motor
vehicles or trailers, or the storage, sale or dumping of two or more
dismantled, partially dismantled, obsolete or wrecked vehicles or
their parts.
An establishment primarily engaged in accepting demand and
other deposits and making commercial, industrial, and consumer loans.
[Added 1-27-2016 by Ord.
No. 224]
Any establishment operated for profit wherein the facilities
are leased on a temporary basis for private wedding receptions, meetings,
banquets, and other similar events. Such establishments shall not
be open to the general public and may include food preparation facilities
and areas for dancing, dining and other entertainment activities customarily
found in association with banquets or receptions. Said facilities
may include off-site catering services as an accessory use.
[Added 1-27-2016 by Ord.
No. 224]
A portion of a building partly or completely below grade.
It shall be considered a building story if more than 50% of its clear
height is above the average level of the adjoining ground.
An existing residential structure converted for use from
a single-family dwelling to a facility for the boarding of overnight
guests on a limited basis.
[Added 1-27-2016 by Ord.
No. 224]
Structure, building wall, or other outdoor surface used to
display lettered, pictorial, sculptured, or other matter which directs
attention to any product, announcement, commodity, or service offered
only elsewhere than on the premises.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass, or other landscaping material and within which
no structure is permitted except a wall or fence.
[Amended 1-27-2016 by Ord. No. 224]
An independent and detached structure having a roof supported
by columns or walls, or resting on its own foundation; including but
not limited to mobile homes, garages, greenhouses and other accessory
buildings; and utilized for housing, shelter or enclosure of persons,
animals, chattels or activity sites.
The vertical distance measured from the average elevation
of the finish grade to the highest point of the roof.
An imaginary line located a fixed distance from the front
line of the lot and interpreted as being the nearest point that a
building may be constructed to the front lot line. The building line
shall limit the location of porches, patios and similar construction,
steps excepted, to the face of this line. (Refer to "yard, front.")
The building or portion thereof housing the main or primary
use of the land.[3]
A property, under single ownership, upon which two or more
campsites are located, established, or maintained for occupancy by
camping units as temporary living quarters for recreation, education
or vacation purposes.
[Added 1-27-2016 by Ord.
No. 224]
Any licensed or unlicensed trailer or other vehicle designed
or used for temporary living or sleeping purposes, regardless of whether
the wheels are attached or unattached or a permanent or semipermanent
foundation is constructed underneath, or any structure of a permanent
or semipermanent nature which is not connected to utilities. "Camping
and recreational equipment" shall include travel trailers, pickup
coaches, motorized home and boat trailers and shall be defined as
follows:
TRAVEL TRAILERA vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation purposes, permanently identified as a "travel trailer" by the manufacturer of the trailer and, when equipped for the road, must be licensed and inspected.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
BOAT TRAILERA trailer designed to haul boats.
MOTORIZED HOMEA motorized vehicle with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses. This unit must also be licensed and inspected.
A plot of ground within a campground intended for occupation
by camping and recreation equipment or tent.
[Added 1-27-2016 by Ord.
No. 224]
A building enclosed on at least two sides by exterior walls
or party walls, having a permanent roof, and possibly having garage-type
doors to permit vehicle access to the interior of the building, designed
for, and intended to be used for, the washing and cleaning of motorized
licensed vehicles having no more than two axles and a gross vehicle
weight of less than 13,000 pounds. Such facilities shall include automotive
car washes, any facility, its structures, accessory uses, or paved
areas used wholly or partly to wash, clean and dry the exterior of
vehicles, using conveyors to move the vehicle, or equipment that moves
over or around the vehicle, or other automated equipment intended
to mechanically wash such vehicles; and self-service car washes, any
facility, its structures, accessory uses or surrounding areas used
wholly or partly to wash, clean and dry the exterior of automobiles
using hand-held equipment.
[Added 1-27-2016 by Ord.
No. 224]
Property used for interring of dead persons or domestic pets,
including mausoleums and columbarium, but not including a crematorium.
[Added 1-27-2016 by Ord.
No. 224]
An assembly of valves, spools, and fittings used for an oil
well, gas well, water injection well, water disposal well, gas injection
well, condensate well, and other types of wells.
[Added 1-27-2016 by Ord.
No. 223]
Any establishment where human patients or animals are examined
and treated by doctors or dentists but not hospitalized overnight.
An establishment operated for social, athletic, recreational
or educational purposes but open only to members and not the general
public.
A support facility, not a coal mine entrance, required for
and used only in connection with an underground coal mine, which is
to:
[Added 7-16-1999 by Ord. No. 159]
A mechanical contrivance utilizing belt, chain or chute type
devices to transport material overland or underground from mining
sites via owned land holdings, rights-of-way or easements.
[Added 7-16-1999 by Ord. No. 159]
All underground areas of undisturbed coal from which such
coal is extracted.
[Added 7-16-1999 by Ord. No. 159]
Engaging in a business, enterprise, activity or other undertaking
related to or connected with trade or commerce in general. (Excludes
home occupation.)
A building or buildings constructed chiefly of glass, in
which the temperature is maintained within a desired range for the
purpose of growing plants intended for retail or wholesale distribution,
including retail sales on the premises.
[Added 1-27-2016 by Ord.
No. 224]
The legally appointed Planning Commission of Fallowfield
Township, Washington County, Pennsylvania.
A parcel or parcels of land, or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
[Added 1-27-2016 by Ord.
No. 224]
A building designed and constructed so that all exterior
walls shall be solid from the ground to the roofline, containing no
openings except for windows and doors which are designed so that they
may be closed and any other small openings required for the ventilation
system.
[Added 1-27-2016 by Ord.
No. 224]
A use of land to be permitted or denied by the governing
body, following study and recommendations by the Planning Commission,
pursuant to express standards and criteria set forth in this chapter.
An area of land and any structure thereon used for a building
contractor's office, supply yard and service facility.
Any retail establishment offering for sale prepackaged food
products, household items, newspapers and magazines, and sandwiches
and other freshly prepared foods, such as salads, for off-site consumption.
[Added 1-27-2016 by Ord.
No. 224]
A suite of rooms, consisting of at least one private bedroom,
one additional habitable room, one separate and private bathroom and
separate and private sanitary cooking facilities, designed or intended
for occupancy by one family, which is established in a portion of
a building originally used or designed for use by a single-family
unit.
[Amended 1-27-2016 by Ord. No. 224]
Publicly or privately operated facilities housing persons
awaiting trial or persons serving a sentence after being found guilty
of a criminal offense, including but not limited to halfway houses,
homes licensed for juvenile offenders or other facilities where individuals
are incarcerated or otherwise required to reside pursuant to court
order under the supervision of paid staff and personnel.
[Added 1-27-2016 by Ord.
No. 224]
The area of a lot or group of lots computed exclusive of
any portion of the right-of-way of any road, divided by the number
of families housed on the lot or group of lots.
A section of the municipality for which uniform regulations
governing the use, height, area and intensity of use of buildings
and land and open spaces about buildings are herein established.
Any vertical or horizontal digging or boring of a new well
or reworking of an existing well with the intention to explore, develop
or produce oil, gas or other hydrocarbons or to inject gas, water
or any other fluids or substances into the earth.
[Added 1-27-2016 by Ord.
No. 223]
All parts and appurtenances to such structure and every piece
of apparatus, machinery or equipment used, erected or maintained in
connection with oil and gas drilling, as defined herein, as well as
the completion and stimulation/workover equipment utilized to complete
the well.
[Added 1-27-2016 by Ord.
No. 223]
A private accessway to a parking area, garage or structure,
including accessways to land use activity areas and the total area
used for parking and access to single-family and duplex dwelling unit
structures.
[Amended 1-27-2016 by Ord. No. 224]
A lot or land or part thereof used primarily for the disposal,
abandonment, dumping, burial, burning, or any other means, and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind
(excludes private or public sewage disposal and permitted sanitary
landfills).
A building or portion thereof providing complete housekeeping
facilities for one family unit.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one individual or one family.
DWELLING, SINGLE-FAMILYA detached or separate building designed for or occupied exclusively as a residence for one family.
DWELLING, DUPLEXA detached or separate building designed for or occupied exclusively by two families living independently of each other with separate entrances and facilities.
DWELLING, MULTI OR MULTIPLE FAMILYA structure containing three or more separate dwelling units for families living independently of each other which may provide joint services and/or facilities but separate housekeeping, sanitary and cooking facilities. Such structures may be referred to as "apartment," "garden apartment," "townhouse" or "row house."
DWELLING, TOWNHOUSEA dwelling within a group of units, consisting of a minimum of three, but no more than six, independent single dwelling units that are attached side by side by common unpierced party walls. This definition shall include those arrangements commonly cited as quads and carriage homes that are arranged as aforesaid.
[Added 1-27-2016 by Ord.
No. 224]
Any building or group of buildings the use of which meets
commonwealth requirements for elementary, secondary, or higher education,
whether publicly or privately owned, and excluding trade or vocational
schools.
[Amended 1-27-2016 by Ord. No. 224]
Incidental repairs, replacement of parts and servicing of
small appliances and minor household equipment such as motors, lawn
equipment and chain saws. Shall not include automotive repairs, farm
equipment or repair or servicing of commercial products and machinery.
Includes built, constructed, reconstructed, moved upon or
any physical operations on the land required for the building. Excavation,
fill, drainage and the like shall be considered part of the erection.
The provision of distribution systems by public utilities
regulated by the Pennsylvania Public Utilities Commission (PUC), municipal
authorities, Township or other governmental agencies of underground
or overhead water, sanitary sewers, or storm sewers, gas, electrical,
telephone, pipes, conduits, cables, towers, fire alarm boxes, traffic
signals, hydrants, and similar equipment and accessories in connection
therewith and where reasonably necessary for the furnishing of adequate
services by such public utilities regulated by the PUC, municipal
authorities. Township, or other governmental agencies or for the public
health and safety or general welfare. Specifically excluded from this
definition are wireless communications facilities, wind farms and
windmills.
[Amended 1-27-2016 by Ord. No. 224]
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or disturbed and any conditions resulting therefrom.
One or more persons who live together in a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse. A family may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption. For purposes of this chapter, the term "family" shall
not include, nor shall it be interpreted to include, a group care
facility or similar functions or activities that provide room or board,
or room and board, to one or more persons who are residents by virtue
of receiving services such as health, social rehabilitative, general
supervision or similar services or functions or activities, irrespective
of whether or not they are provided by governmental agencies, their
licensed or certified agents, responsible nonprofit social service
agencies or corporations, profit-oriented organizations or businesses,
or private individuals.
Any family residence other than a child's relative,
operated for profit or not for profit, in which child day care is
provided at any one time to four, five or six school-aged children
(the date the child initially enters the first grade of a public or
private school system to 12 years of age), preschoolers (approximately
three years of age to initial school entry at the first grade level
of a public or private school system) or to infants and toddlers (from
birth to approximately three years of age) who are not relatives of
the caregiver.
[Added 1-27-2016 by Ord.
No. 224]
Federal Communications Commission.
[Added 1-27-2016 by Ord.
No. 222]
The sum of the gross horizontal areas of the several floors
of a building determined by dimensions measured between exterior faces
of walls as in a single-family common or by dimensions measured between
common interior separating walls as in duplex, apartments and townhouses
(excludes cellar or basement floor areas, roofed porches, roofed terraces
and accessory building, attached or otherwise).
An establishment devoted to or used in the care and preparation
for the funeral and burial of dead human bodies and maintained for
the convenience of the bereaved for viewing or other services in connection
with dead human bodies and as an office or place for carrying on the
profession of funeral directing, including crematoriums as a principal
or accessory use.
[Added 1-27-2016 by Ord.
No. 224]
An establishment in which legal betting activities, pari-mutuel
wagering activities, gambling activities and the playing of games
of chance or mixed chance and skill are conducted and/or permitted
under the laws of the United States of America and the Commonwealth
of Pennsylvania, including but not limited to any establishment, business
and/or facility regulated and/or licensed by the Pennsylvania State
Horse Racing Commission, the Pennsylvania State Harness Racing Commission,
and the Pennsylvania Gaming Control Board under the Pennsylvania Race
Horse Industry Reform Act, 4 P.S. § 325.101 et seq., as
amended,[4] and the Pennsylvania Race Horse Development and Gaming
Act, 4 Pa.C.S.A. § 1101 et seq., as amended. This definition
includes the following:
[Added 1-27-2016 by Ord.
No. 224]
OFF-TRACK BETTING FACILITYA facility in which pari-mutuel wagering is conducted by a licensed racing entity, other than the horse racetrack where live racing is conducted, pursuant to the Pennsylvania Race Horse Industry Reform Act, 4 P.S. § 325.101 et seq., as amended.
RACETRACKA course or facility where motor vehicles, including but not limited to automobiles, trucks, go-carts, motorcycles, model airplanes and similar vehicles, are driven and/or operated for recreation, testing and/or competition; or any course or facility where animals are raced for competition.
A private garage is an accessory building with area for housing
motor driven vehicles, the property of and for the use of the occupants
of the lot on which the garage is located. A public garage is any
garage other than a private garage as defined herein, available to
clients, operated for gain, and which is used for storage, repair,
rental, lubricating, washing and servicing or equipping of motor vehicles.
A multifamily residential building, not exceeding three stories
in height, in which units are arranged side to side, back to back
or one above another, which may have either private external entrances
or common hall access, and which may have private exterior yard area
for each unit.
A retail commercial sales establishment for the sale of plants,
garden supplies and related items. For purposes of this chapter, said
establishments shall not include the sale or service of machinery,
tractors or mowing equipment in excess of 20 horsepower, or landscaping
supply centers.
[Amended 1-27-2016 by Ord. No. 224]
Any premises used for the retail sale of motor fuel and lubricants,
and incidental services such as lubrication, and the sale, installation
or minor repair of tires, batteries, or other automobile accessories;
but not including major repair work, such as motor replacement, body
fender repair or spray painting.[5]
[Amended 1-27-2016 by Ord. No. 224]
The Board of Township Supervisors of the Township of Fallowfield,
Washington County, Pennsylvania.
Any federal, state or local agencies.
An establishment that provides room and board in a family
environment to persons who receive supervised care limited to health,
social, rehabilitative, or housing services. Such facilities may include
child and adult services for individuals not in need of hospitalization
or incarceration, but who because of age, convalescence, infirmity,
disability, or related circumstances require such care. Group residential
facilities may be characterized as rest homes, nursing homes or similarly
described; however, the scope of all operations shall be of a limited
nature as specified in this chapter. Nothing in this chapter should
be construed so as to include within the definition of "group residential
facility" any and all group residences for populations protected by
the Federal Fair Housing Act, including but not limited to physically
and mentally handicapped individuals, which same shall be defined
as single-family dwellings.
[Amended 7-16-1999 by Ord. No. 159; 1-27-2016 by Ord. No. 224]
Any establishment engaged in selling, renting or leasing
heavy machinery without operators, selling, renting, or leasing vehicles
requirement a commercial driver's license, and those engaged
in retailing new and/or used manufactured homes (i.e., mobile homes),
parts, and equipment.
[Added 1-27-2016 by Ord.
No. 224]
A lot, with a minimum area of at least three acres but less
than 10 acres, where agricultural activities are conducted by the
residents thereof but where such activities are not the principal
source of employment or income, with no more than one large livestock
per each three acres of the lot.
[Added 1-27-2016 by Ord.
No. 224]
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining the dwelling for use of the residents
therein.
An accessory use of a service or product oriented character,
conducted in conjunction with a dwelling unit by the residents thereof,
which is clearly subordinate to the use of the dwelling for living
purposes, and does not change the character thereof, or have exterior
evidence of such subordinate use other than a small announcement sign;
and, in connection therewith, there is not involved the exterior keeping
of, or exhibition of, stock-in-trade. In the pursuit of such activities,
all operations shall be conducted indoors and be free of any procedures
which could be construed as adversely influencing surrounding residential
uses because of noise, vibration, smoke, electrical interference,
odor or similar conditions.
A well that is turned horizontally at depth, providing access
to oil and gas reserves at a wide range of angles. This type of well
is used to gain access to unconventional sources of reserves.
[Added 1-27-2016 by Ord.
No. 223]
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity, and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities, such as laboratories, outpatient facilities, training
facilities, medical offices and staff residences.
[Amended 1-27-2016 by Ord. No. 224]
A building or a group of buildings in which lodging is provided
and offered to the general public or to a select group of patrons
for compensation.
A surface which resists the entrance or passing through of
water or other liquids and prevents the percolation of water into
the ground.
[Added 1-27-2016 by Ord.
No. 224]
The portion of lot area, expressed as a percentage, comprised
of impervious surface(s), which for purposes of this chapter, shall
include gravel parking lots and/or driveways.
[Added 1-27-2016 by Ord.
No. 224]
Any discarded materials or articles and shall include, but
not be limited to, scrap metal, abandoned or junked motor vehicles
or vehicle parts, machinery or machinery parts, papers, glass and
related items, containers, or partially dismantled structures or parts
thereof. It shall also include a partially dismantled motor vehicle
not bearing current registration plates and which is not in the process
of ongoing and immediate repair. It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
The use of more than 200 square feet of the area of any lot,
whether inside or outside a building, or the use of any portion of
any lot that joins the street for storage, keeping or abandonment
of junk, including scrap metals, or for the dismantling, demolition
or abandonment of automobiles or other vehicles, machinery or parts
thereof.
Any structure, pen or area set aside for the breeding, boarding,
show, grooming or keeping of dogs, cats or similar domestic animals,
which, for purpose of this chapter, shall constitute the keeping of
four or more such animals for economic gain.
[Amended 1-27-2016 by Ord. No. 224]
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition); a lessee if he is
authorized under the lease to exercise the rights of the landowner;
or other persons having a proprietary interest in land.
An establishment which offers retail sale of garden and landscaping
supplies, principally garden compost, mulch, decorative gravel, and
similar products.
[Added 1-27-2016 by Ord.
No. 224]
A space within the main building or on the same lot therewith
providing for the standing, loading, or unloading of vehicles.
Fire departments or fire stations and/or ambulance services.
[Added 1-27-2016 by Ord.
No. 224]
A tract or parcel of land held in single or separate ownership,
that is described by reference to a recorded plat or by metes or bounds,
and is intended as a unit for transfer of ownership, use, improvement,
dedication or for development.
The horizontal surface area within the lines of the lot.
A lot abutting two or more streets at their intersection,
on which the building line for all streets must be observed.
The ratio of ground area covered by principal and accessory
structures to the total ground area of the lot.
The average of the total length of side lot line(s) forming
both side yards of any lot expressed in feet.
[Added 1-27-2016 by Ord.
No. 224]
The line contiguous with the street right-of-way line.
The line generally parallel to the front lot line which defines
the rear of the lot.
Any lot line which is not a front lot line or a rear lot
line.
The total horizontal distance across the lot, between the
side lot lines, measured at the building line.
The processing, handling or fabrication of materials and
products where no processes are involved which will produce noise,
vibration, air pollution, fire hazard, noxious emission, high traffic
volumes or other factors which will disturb or endanger neighboring
properties.
Any establishment or business which provides the personal
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, chiropractor or professional physical
therapist licensed by the Commonwealth of Pennsylvania.
[Added 1-27-2016 by Ord.
No. 224]
An establishment, excluding a professional office, where
human patients receive diagnostic testing, treatment and/or counseling
by professionals licensed by the Pennsylvania Department of Health,
where patients are not provided with board or room or kept overnight
on the premises, provided that all such uses have access only from
the interior of the building or structure, including methadone treatment
facilities.
[Added 1-27-2016 by Ord.
No. 224]
A medical, dental, or psychiatric practice offering medical
or dental services on an outpatient basis and which may also contain
associated in-house ancillary services such as in-house diagnostic
testing facilities, medical counseling services, and similar services;
and excluding medical clinics.
[Added 1-27-2016 by Ord.
No. 224]
An oil- and/or gas-related facility which typically hosts
activities such as compressing, processing, storage and transportation
of hydrocarbon liquids and/or natural gas where said activities are
typically classified based upon their relationship to upstream and/or
downstream facilities.
[Added 1-27-2016 by Ord.
No. 223]
Structures and installations necessary to the operation of
an underground coal mine which shall include slopes, shafts or portals
for the primary purpose of gaining access from the surface to an underground
coal mine by persons or equipment to mine and remove coal, coal preparation
and cleaning plants and related equipment, ponds and treatment facilities,
coal refuse disposal areas, silos for storage of coal, access roads,
aboveground repair, personnel areas and structures and transport facilities.
[Added 7-16-1999 by Ord. No. 159]
A mining adjunct operation consisting of a structure and
appurtenant facilities to permit the introduction and removal of air
and other gases from underground coal mines.
Repair of appliances of a scale customarily utilized by individuals
for noncommercial purposes and by retail or administrative uses.
[Added 1-27-2016 by Ord.
No. 224]
A transportable single-family dwelling structure designed
and intended for permanent occupancy, with a minimum body width of
eight feet and a minimum body length of 32 feet, built on a chassis
for towing on its own running gear, contained in one unit, or in two
units designed to be joined into one integral unit capable of later
being separated for repeated towing, which arrives at a site for complete
and ready for occupancy, except for minor and incidental unpacking
and assembly operations, and constructed for use without attachment
to a permanent foundation other than being secured to appropriate
piers, tie-downs or similar approved anchoring devices and structures.
Any contiguous parcel or tract of land under single ownership,
used or intended to be used for the placement of two or more mobile
homes for nontransient use, together with the required improvements
and facilities upon the land, whether or not consideration or rental
is required for the use of the parcels of facilities thereon.
A factory fabricated, transportable building unit, other
than a mobile home, designed to be used independently or incorporated
with similar units into a modular structure on a permanent foundation
at a permanent building site.
A building made up of two or more living or sleeping quarters
used independently of each other and used principally and commercially
for overnight accommodations.
[Added 1-27-2016 by Ord.
No. 224]
A building designed for and occupied exclusively as a residence
for two or more families living independently of each other, including
houses separate except for common adjoining walls.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[6]
[Added 1-27-2016 by Ord.
No. 224]
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities; and
sludge not meeting the definition of residual or hazardous waste under
this section from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility.
A facility using land for disposing or processing of municipal
waste. The facility includes land affected during the lifetime of
operations, including, but not limited to, areas where disposal or
processing activities actually occur, support facilities, borrow areas,
offices, equipment sheds, air and water pollution control and treatment
systems, access roads, associated on-site or contiguous collection,
transportation and storage facilities, closure and post-closure care
and maintenance activities and other activities in which the natural
land surface has been disturbed as a result of or incidental to operation
of the facility.
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations,
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site and contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition waste
landfill or a facility for the land application of sewage sludge.
A plan or revision to a plan officially adopted by a municipality
and approved by the Department of Environmental Protection, that provides
a system for the management of municipal waste.
A device used alone or in series to raise the pressure of
natural gas and/or by-products to create a pressure differential to
move or to compress a liquid, vapor or gas.
[Added 1-27-2016 by Ord.
No. 223]
A facility designed and constructed to compress natural gas
that originates from an oil and gas well or collection of such wells
and to operate as an upstream or midstream facility for delivery of
oil and gas to a transmission pipeline, distribution pipeline, natural
gas processing or treatment facility or underground storage field.
[Added 1-27-2016 by Ord.
No. 223]
A facility designed and constructed to separate and/or remove
materials such as water, water vapor, ethane, propane, butane, and
other constituents or similar substances from natural gas to allow
such natural gas to be of such quality as is required or is appropriate
for transmission or distribution to commercial markets.
[Added 1-27-2016 by Ord.
No. 223]
A neighborhood-oriented commercial facility that provides
essential everyday needs to the residents of the immediate community
and is not dependent upon transient or nonresident trade.[7]
The floor area occupied by a principal use, expressed in
square feet, which excludes restrooms, storage areas, and indoor parking
areas.
[Added 1-27-2016 by Ord.
No. 224]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. Pursuant to 53 P.S. § 10603(l), no-impact home-based businesses are permitted in all residential
zones of the municipality. Such business or commercial activity must
satisfy the following requirements:
[Added 1-27-2016 by Ord.
No. 224]
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,
which 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 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.
[Added 1-27-2016 by Ord.
No. 224]
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
[Added 1-27-2016 by Ord.
No. 224]
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.[8]
[Amended 1-27-2016 by Ord. No. 224]
Any use other than a dwelling unit or group of dwelling units.
An institutional use in which persons may reside, such as a dormitory,
prison, nursing home or hospital shall be considered a "nonresidential"
use.
[Added 1-27-2016 by Ord.
No. 224]
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 and related equipment.
[Added 1-27-2016 by Ord.
No. 222]
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of nipple, or the depiction of covered
male genitals in a discernibly turgid state.
[Added 12-12-1998 by Ord. No. 153]
Section 5903, Title 18, Pennsylvania Consolidated Statutes,
as amended.
[Added 12-12-1998 by Ord. No. 153]
A permit signed by the Zoning Officer setting forth that
a building, structure or parcel of land is in compliance with this
chapter and may lawfully be occupied or employed for specified uses.
A facility in which services, clerical work, professional
duties and similar functions are carried out.
Crude oil, condensate, natural gas liquids, drip gas, natural
gas, coal bed methane gas, propane, butane and/or any other constitutes
or similar substances that are produced by drilling a well of any
depth into, through and below the surface of the earth.
[Added 1-27-2016 by Ord.
No. 223]
The removal of oil and gas resources from the ground by means
of drilling, as defined herein, in accordance with a valid permit
issued by the Pennsylvania Department of Environmental Protection
(PA DEP) under the provisions of the Pennsylvania Oil and Gas Act
(58 P.S. §§ 601.101 to 602.605),[9] as now or hereafter amended.
[Added 1-27-2016 by Ord.
No. 223]
Activities performed under the surface of the ground that
are part of the operation of oil and gas drilling and production,
as defined herein, whether or not located on properties within the
unit for a particular well site, but that are not included in the
well site, including, but not limited to, horizontal drilling and
hydraulic fracturing zones, underground production, gathering and
transmission pipelines established in accordance with the Public Utility
Commission (PUC) and other industry guidelines, water distribution
lines and similar underground facilities incidental to oil and gas
drilling.
[Added 1-27-2016 by Ord.
No. 223]
The term includes the following:
[Added 1-27-2016 by Ord.
No. 224]
Gas well location assessment, including seismic operations,
well site preparation, construction, drilling, hydraulic fracturing
and site restoration associated with an oil or gas well of any depth;
Water and other fluid storage or impoundment areas used exclusively
for oil and gas operations;
Construction, installation, use, maintenance and repair of oil
and gas pipelines.
Any person, partnership, company or corporation and its subcontractors
and agents who have an interest in land for the purpose of exploring
for or drilling for, producing, or transporting oil or gas.
[Added 1-27-2016 by Ord.
No. 223]
Consists of trees of a deciduous nature with a minimum height
of six feet at planting and a caliper of 1 1/2 inches at planting
that will not ultimately exceed 25 feet in height. All measurements
and plant quality shall be consistent with the American Standards
for Nursery Stock published by the American Nursery & Landscape
Association, Washington, D.C., latest edition.
[Added 1-27-2016 by Ord.
No. 224]
The total composite of all off-street structures and facilities
for a parking area to include but not limited to parking spaces, parking
aisles, standby/stacking lanes, driveways, access drive(s), and all
related facilities, excluding such areas serving single-family dwelling
units or duplex dwelling units. A parking lot or parking facility
is an accessory use for the parking of vehicles associated with a
principal use and/or building.
[Added 1-27-2016 by Ord.
No. 224]
Pennsylvania Municipalities Planning Code (Act 247 of 1968
as amended by Act 170 of 1988)[10] and amendments of same as may be adopted from time to
time.
A use by right which is specifically authorized in a particular
zoning district.
A commercial establishment providing services and/or goods
to individuals and businesses.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including,
but not limited to, barber, beautician, massage establishment, laundry
and dry cleaning, tailor, photographer or travel agent.
[Added 1-27-2016 by Ord.
No. 224]
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided, however, that person does
not include or apply to the Township or to any department or agency
of the Township.
[Added 1-27-2016 by Ord.
No. 222]
Philanthropic uses shall be limited to public and semipublic
activities which involve and relate exclusively to charitable, benevolent
and public-oriented service functions, such as provided by the American
Red Cross, Salvation Army, social centers sponsored by public or semipublic
organizations or similar groups.
An institution of any denomination where people regularly
observe, practice or participate in religious or spiritual services,
meetings or activities. Uses separately defined, including but not
limited to day care, clinics as otherwise defined herein, or any other
use, the function of which customarily exists apart from a religious
congregation or regular assembly, shall be classified and authorized
in a manner consistent with said use specified.
[Added 1-27-2016 by Ord.
No. 224]
Development of a tract of land for primarily residential
purposes under single ownership or control; the development of which
is unique and of a substantially different character than that of
the surrounding area. Such development shall be based on a plan that
allows for flexibility of design not available under standard zoning
district requirements.
The Planning Commission of Fallowfield Township, Washington
County, Pennsylvania.
A parcel or group of adjacent parcels that bear a principal
use or a collection of related principal uses as within a shopping
center, office park, or similar integrated uses, and all uses accessory
thereto.
[Added 1-27-2016 by Ord.
No. 224]
The major or dominant use of a lot or land parcel.
An organization catering exclusively to members and their
guests at premises for social, recreational or athletic purposes which
are not conducted primarily for gain, providing that any merchandising
or commercial activities are conducted only as required generally
for the membership of such organization.
A facility in which child day-care services are provided
for seven or more school-age, preschool or infant children in an institutional-related
structure suitable to such functions.
[Added 1-27-2016 by Ord.
No. 224]
An office or business conducted by an individual or association
dealing with medicine, law, accounting, real estate, architecture,
engineering, finance or related services.
A privately operated, for-profit establishment providing
technical or skilled training, vocational or trade educational courses
and programs, excepting truck driving and similar schools with on-site
training facilities, wherein all educational instruction and activities
take place within a completely enclosed building or buildings.
[Added 1-27-2016 by Ord.
No. 224]
A dwelling being used as a residence or intended for human
occupancy, and, also, any commercial business, school, religious institution
or any public building and/or facility located within the minimum
setback footage of the different uses as indicated herein in this
chapter.
[Added 1-27-2016 by Ord.
No. 223]
Includes any use activity owned and/or operated by federal,
state, county or local governmental units.
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.
[Added 1-27-2016 by Ord.
No. 224]
For purposes of this chapter, "recreation" shall be defined
as follows:
MUNICIPAL RECREATIONDeveloped or undeveloped open spaces and/or structures and facilities which 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.
RECREATION, COMMERCIAL INDOORIndoor facilities for leisure-time activities that are provided as a business pursuit, including facilities open to the public and those requiring membership; includes indoor theaters, lodges, fraternal organizations, bowling alleys, and indoor skating, tennis and racquetball facilities.
RECREATION, COMMERCIAL OUTDOOROutdoor facilities for leisure-time activities that are provided as a business pursuit, including outdoor facilities open to the public and those requiring membership; includes swimming pools, tennis courts, riding stables, drive-in theaters, golf courses and ballparks.
RECREATION, PRIVATEDeveloped or undeveloped open spaces and/or structures and facilities which are provided by individuals or private organizations for the use of specified individuals or groups of individuals sharing common relationships or associations for the purposes of play, amusement or relaxation. Such uses may include sports facilities, parks, assembly buildings, passive areas, gardens and related amenities.[11]
A recreation facility that offers one or more of its activities
and/or services to the general public or private membership for a
fee or charge and which satisfies the standards, criteria and requirements
of this chapter. A gaming enterprise and/or racetrack, both of which
as defined herein, shall not be considered a "commercial recreation
facility."
[Added 1-27-2016 by Ord.
No. 224]
A recreation facility that offers all of its activities and
services to the general public for no fee or charge and which satisfies
the standards, criteria and requirements of this chapter. A gaming
enterprise and/or racetrack, both of which as defined herein, shall
not be considered a noncommercial recreation facility.
[Added 1-27-2016 by Ord.
No. 224]
Farms and woodland adapted for use as vacation farms or demonstration
farms; riding stables; picnicking and sports areas; fishing waters;
camping; scenic and nature appreciation; hunting areas; hunting preserves;
and watershed projects, excluding overnight lodging.
[Added 1-27-2016 by Ord.
No. 224]
Any establishment which, as a principal use, carries on investigation
in the natural, physical or social sciences, or engineering and development
as an extension of such investigation by persons with professional
training, with the objective of creating end products and which may
include, as an accessory use, pilot manufacturing to test concepts
and ideas prior to undertaking full-scale production.
[Added 1-27-2016 by Ord.
No. 224]
An establishment that offers food and beverages for sale
directly to the end consumer for consumption either on and or off
of the premises.
[Added 1-27-2016 by Ord.
No. 224]
An establishment principally offering the sale of consumer
goods to the general public, not including the manufacturing of any
products but including the assembling or processing of products offered
for sale, only if the processing or assembling is accessory to the
principal use and customarily incidental and subordinate to the selling
activities.
[Added 1-27-2016 by Ord.
No. 224]
A structure housing the boarding of more than one horse as
a service for any individual or group other than the owner of the
premises on which the stable is located, and/or facilities for horseback
riding, lessons, and training.
[Added 1-27-2016 by Ord.
No. 224]
The surface of and the space above and below any real property
in the Township in which the Township or Commonwealth of Pennsylvania
has a regulatory interest, or interest as a trustee for the public,
as such interests now or hereafter exist, including, but not limited
to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels,
viaducts, bridges, skyways, or any other public place, area or property
under the control of the Township or Commonwealth of Pennsylvania,
and any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township or Commonwealth
of Pennsylvania. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
[Amended 1-27-2016 by Ord. No. 222]
FUTURE RIGHT-OF-WAYThe surface of, as well as the space above and below, an area of land required for the widening of existing streets to accommodate anticipated future traffic or to provide future access to or through undeveloped land.
ULTIMATE RIGHT OF WAYThe future or planned width of highways in the public domain as shown on any official documents on file at the Township Administration Building.
Stands offering for sale agricultural products grown on the
premises.
Stands, trailers, truck beds or similar facilities offering
products for sale which are not produced on the immediate premises.
A multifamily dwelling structure, consisting of at least
three single-family dwelling units that are attached side by side
by unpierced party walls.
An arrangement of vegetative material of sufficient height
and density to conceal from view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
or buffer planting is located.[12]
A building or group of buildings in a controlled access,
and usually fenced compound that contains varying sizes of individual,
compartmentalized and controlled-access rooms, stalls or lockers for
the storage of the customer's goods or belongings.
[Added 1-27-2016 by Ord.
No. 224]
The condition of the human body when "topless" or when more
of the human body is exposed, unclothed, uncovered or covered by less
than a fully opaque covering than is clothed or covered by a fully
opaque covering.
[Added 12-12-1998 by Ord. No. 153]
The minimum distance that a structure can be located from
a right-of-way or property line or another structure, thereby creating
a required open space on a lot.
[Added 12-12-1998 by Ord. No. 153]
Acts of masturbation, homosexuality, sexual intercourse, ultimate
sexual acts, whether normal or perverted, actual or simulated, and
excretory functions, sodomy or physical contact with a person's clothed
or unclothed genitals, pubic area, buttocks or, if such a person be
a female, breasts.
Representations, descriptions or ultimate sexual acts, normal
or perverted, actual or simulated, and representations or descriptions
of masturbation, excretory functions, homosexuality, sodomy, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person be female, breasts.
The condition of human male or female genitals when in a state
of sexual stimulation or arousal.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Two or more retail establishments, including those that are more specifically defined in Article III of this chapter, and/or restaurants, collectively comprising 20,000 or more square feet of gross floor area and including additional permitted uses authorized in the respective zoning district, that are developed as an integrated unit through one or more of the following: uses on one or contiguous parcels created by the same preliminary or final land development plan; uses integrated through common parking areas or driveways.
[Amended 1-27-2016 by Ord. No. 224]
The entire area within a single continuous perimeter enclosing
the extreme limits of a sign and in no case passing through or between
any adjacent elements of the same. However, such perimeter shall not
include a structural or framing element lying outside the limits of
such sign and not forming any part of the display.
[Added 1-27-2016 by Ord.
No. 224]
For either a freestanding sign or monument sign, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with the entire background, whether open or
enclosed, on which they are displayed.
For a sign painted upon or applied to a building, the area shall
be considered to include all lettering, wording and accompanying designs
and symbols, together with any background, and shall be the smallest
geometric shape that can be drawn to encompass all the lettering and/or
symbols.
For a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, other than those signs described in Subsections A and B above, the area shall be considered to be that of the smallest common geometric shape that can be drawn to encompass all of the letters and symbols.
A changeable sign whose message copy or content can be changed
by electrical or digital means on a display surface. Illumination
may be integral to the components, such as characterized by lamps
or other light-emitting devices; or it may be from an external light
source designed to reflect off the changeable component display. Electronic
signs, animated signs and digital signs shall be considered changeable
signs unless the changeable copy or content is limited to time and
temperature.
[Added 1-27-2016 by Ord.
No. 224]
For purposes of this chapter, a sign shall be considered
as any writing (including letter, word or numeral); pictorial representation
(including illustration or decoration); emblem (including device,
symbol, trademark, banner or pennant); or any other figure of similar
character which:
A plan, to scale, showing uses and structures proposed for
a parcel of land, that includes lot lines, streets, building sites,
buildings, open spaces and other information.
The permission of approval for a land use activity expressly
granted by the Zoning Hearing Board, after formal application, in
situations where provision therefor is made by the terms of this chapter.
The use of land and structures for the raising and care of
fur-bearing animals, stabling and care of horses, animal kennels,
bird raising or similar operations.
The actual start of the drilling of a gas well.
[Added 1-27-2016 by Ord.
No. 223]
A facility or location on a permitted site for the storage
of equipment and vehicles used to support development activities at
other permitted sites.
[Added 1-27-2016 by Ord.
No. 223]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
A public or private way, other than an alley, that affords
the principal means of on-grade access to abutting properties. A street
may be designated as a highway, thoroughfare, parkway, boulevard,
road, avenue, lane, drive, place or other appropriate name.
The following street classifications shall apply to all streets
in the Township:
EXPRESSWAYExpressways are limited access freeways that carry traffic between major urban centers and to and from points outside of a region with no local interference.
ARTERIALArterials carry major movements of traffic within or through the community.
COLLECTORCollectors carry the internal traffic movements within the Township and connect developed areas with the arterial system. The collector system simultaneously provides abutting property with road access and accommodates local internal traffic movements.
LOCALLocal streets provide access to immediately adjacent land but normally carry a small portion of total vehicle miles traveled daily.
PRIVATEAny vehicular way that is not dedicated as a public street.
The line defining the edge of the legal width of a dedicated
street right-of-way.
Surface mining of coal, earth removal, stone removal or quarrying,
and such other operations and/or procedures that are normally conducted
for profit wherein soil and/or its contents are removed as a business
activity.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Structures
include buildings, sheds and signs.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guyed towers, monopoles, utility poles, light poles,
and hub facilities for distributed antenna systems.
[Added 1-27-2016 by Ord.
No. 222]
Fallowfield Township, Washington County, Pennsylvania.
[Added 1-27-2016 by Ord.
No. 222]
Any facility owned and operated by Fallowfield Township for
purposes related to the administration and maintenance of Township-owned
equipment, activities, and infrastructure as such relate to the provision
of services and roles customarily assumed by the Township under the
Pennsylvania Second Class Township Code,[13] including but not limited to administrative, public works,
storage, and recreational facilities.
[Added 1-27-2016 by Ord.
No. 224]
A lot, or contiguous group of lots in single ownership or
under single control, and usually considered a unit for purposes of
development.
An establishment, other than an educational institution or
commercial school, as defined by this chapter, offering regularly
scheduled instruction in technical, commercial or trade skills, such
as, but not limited to building and construction trades, automotive
and aircraft mechanics and technology, commercial vehicle operation
and maintenance, and similar types of instruction.
[Added 1-27-2016 by Ord.
No. 224]
A dwelling unit or group of dwelling units occupied on a
short-term basis by persons assigned by a court of law, or who are
self-referred, or referred by a public, semipublic or nonprofit agency,
and managed by a public, semipublic or nonprofit agency responsible
for the occupants' care, safety, conduct, counseling and supervision
for a specified period of time, for alcoholic recovery, community
reentry services following incarceration, prison assignment, house
arrest or other court-ordered treatment, and other such short-term
supervised assignments.
[Added 1-27-2016 by Ord.
No. 224]
A facility for the receipt, transfer, short-term storage,
and dispatching of goods transported by truck.
[Added 1-27-2016 by Ord.
No. 224]
A bore hole drilled or being drilled for the purpose of or
to be used for the production of natural gas from an unconventional
formation.
[Added 1-27-2016 by Ord.
No. 224]
An establishment that primarily provides ambulatory care.
[Added 1-27-2016 by Ord.
No. 224]
The purpose of the activity for which the land or building
thereon is designed, arranged or intended, or for which it is occupied
or maintained. The term "permitted use" or "use by right" or its equivalent
shall not be deemed to include any nonconforming use.
A modification of the literal provisions of this chapter
which the Zoning Hearing Board is permitted to grant when strict enforcement
of said provisions would cause undue hardship owing to circumstances
unique to the individual property on which the variance is sought.
Facilities for the sale or rental, and service of vehicles;
includes factory-authorized car dealers, self-propelled or towed recreational
vehicle dealers, farm or construction equipment dealers, or any similar
factory authorized dealers, excluding heavy equipment sales and rental.
The definition includes outdoor display areas, service areas within
a completely enclosed building and a showroom and offices within the
building; and/or service for automobiles at retail, direct to the
motorist consumer, including the making of repairs and painting.
[Amended 1-27-2016 by Ord. No. 224]
A well that is not turned horizontally at depth, allowing
access to oil and gas reserves located directly beneath the surface
access point. Vertical well drilling is considered a conventional
method.
[Added 1-27-2016 by Ord.
No. 223]
A place where animals are given medical care, and boarding
of animals is limited to short-term care incidental to the veterinary
office use.
[Added 1-27-2016 by Ord.
No. 224]
An establishment for the storage and handling of freight,
goods or merchandise, but not including the maintenance or fueling
of commercial vehicles. Warehousing which is incidental to retail
sales and which does not constitute in excess of 30% of the total
floor area of the retail establishment shall be excluded from this
definition.
[Added 1-27-2016 by Ord.
No. 224]
The precise point of entry into the ground where spudding
takes place and is indicated by the casing head or the Christmas tree
for the well.
[Added 1-27-2016 by Ord.
No. 223]
All of the area occupied by the drilling equipment, as defined
herein, and all surface facilities including roads, structures, water
and other fluid storage impoundments and storage tanks and associated
equipment including tanks, meters and other permanent or temporary
structures and equipment incidental to oil and gas drilling and production,
as defined herein, including facilities and equipment necessary for
site preparation, site construction, drilling, hydraulic fracturing,
site restoration, production and operation of the well upon completion
of drilling.
[Added 1-27-2016 by Ord.
No. 223]
A building or part thereof where the process of supplying
and distributing goods to a professional customer, retailer, manufacturer
or other wholesalers rather than to the general public or acting as
a broker for such merchandise sales.
[Added 1-27-2016 by Ord.
No. 224]
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS microwave, satellite, or
radio signals.
[Added 1-27-2016 by Ord.
No. 222]
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 communication services.
[Added 1-27-2016 by Ord.
No. 222]
A space on the same lot with a principal structure, open,
unoccupied and unobstructed by structures, except as may be otherwise
provided in this chapter.
YARD, FRONTA yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar improvements, the depth of which is the least distance between the front lot at the right-of-way line and the building line.
YARD, REARA yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar improvements.
YARD, SIDEA yard between the principal structure and the side lot line, extending from the front yard, or from the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90° with the side lot line, from the nearest part of the principal building.
The Board appointed by the Fallowfield Township Supervisors
and assigned the duties of judging various appeals and variance requests
of persons aggrieved by the interpretation of this chapter, and further,
assigned to consider the qualification of special exceptions under
the terms and conditions specified in this chapter.
The Official Zoning Map or Maps of Fallowfield Township which
are part of this chapter, together with all amendments subsequently
adopted.[14]
The individual authorized by the Fallowfield Township Supervisors
to be the administrator of the day-to-day application of the provisions
contained in this chapter.
A statement signed by the Zoning Officer indicating that
the application for permission to construct or alter is approved and
in accordance with the requirements and terms of this chapter.
[2]
Editor's Note: See 18 Pa.C.S.A. § 5903 et seq.
[3]
Editor's Note: The original definition of "business service,"
which immediately followed this definition, was repealed 1-27-2016
by Ord. No. 224.
[4]
Editor's Note: Said statutory provisions were repealed 2-23-2016
by P.L. 15, No. 7, § 5(4) ; see now 71 P.S. § 720.21
(Adm. Code § 2801-D) et seq.
[5]
Editor's Note: The definitions of "gas," "gas processing facility,"
and "gas processing facility accessory use," regarding gas wells and
drilling, added 12-27-2006 by Ord. No. 185, were repealed 1-27-2016
by Ord. No. 224.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: The original definition of "non-business use,"
which immediately followed this definition, was repealed 1-27-2016
by Ord. No. 224.
[8]
Editor's Note: The original definition of "nursery/day-care
facilities, private," which immediately followed this definition,
was repealed 1-27-2016 by Ord. No. 224.
[9]
Editor's Note: The Oil and Gas Act, 58 P.S. §§ 601.101
through 601.605 (12-19-1984, P.L. 1140, No. 223) was repealed 2-14-2012,
P.L. 87, No. 13 (aka "Act 13"). See now 58 Pa.C.S.A. § 3201
et seq.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: The definitions of "restaurant, drive-in" and
"restaurant, full-service," which immediately followed this definition,
were repealed 1-27-2016 by Ord. No. 224.
[12]
Editor's Note: The original definition of "service (filling)
station," which immediately followed this definition, was repealed
1-27-2016 by Ord. No. 224.
[13]
Editor's Note: See 53 P.S. § 65101 et seq.
[14]
Editor's Note: The Zoning Map is on file in the Township offices.
