[Ord. 125, 7/18/2007, § 202; as amended by Ord.
157, 11/6/2013, § 1]
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
ABUT OR ABUTTING
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street, public alley open
to traffic, or a perennial waterway. See definition of "adjacent."
ACCESSORY APARTMENT
One dwelling unit that is created within part of a principal
dwelling or above a vehicle garage on a residential lot.
ACCESSORY STRUCTURE (INCLUDES ACCESSORY BUILDING)
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include, but are not
limited to, a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
ADJACENT
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
ADULT BOOKSTORE
A use that has over 20% of the total floor area occupied
by items for sale or rent that are books, films, magazines, video
tapes, coin- or token-operated films or video tapes, paraphernalia,
novelties or other periodicals which are distinguished or characterized
by a clear emphasis on matter depicting, displaying, describing or
relating to uncovered male or female genitals or "specified sexual
activities." This shall include, but not be limited to, materials
that would be illegal to sell to persons under age 18 under state
law. If such items are within a separate room, then the 20% standard
shall apply to the floor area of such room.
ADULT LIVE ENTERTAINMENT FACILITY
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual "specified sexual activities" to three or more
persons and which is related to monetary compensation paid to the
person or entity operating the use or to persons involved in such
activity.
ADULT MOVIE THEATER
A use involving the on-site presentation to three or more
persons at one time of moving images distinguished by an emphasis
on depiction of "specified sexual activities" and that is related
to monetary compensation paid by the persons viewing such matter.
ADULT USE
Adult bookstore, adult movie theater, adult live entertainment
facility/use or massage parlor. These terms shall be distinct types
of uses, and shall not be allowed as part of any other use.
AFTER HOURS CLUB
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
AIRPORT
An area and related support facilities used for the landing
and take-off of motorized aircraft that carry people. A "public airport"
shall be an airport that does not meet the definition of a "private
airport." A private airport shall be limited to a maximum of 15 total
landings and take-offs in any seven-day period, and shall not be available
for use by the general public.
AMUSEMENT ARCADE
A use involving 15 or more token or coin-operated entertainment
machines, and where the machines are the principal use of the property.
This term shall not include an adult use.
ANIMAL CEMETERY
A place used for the burial of the remains of five or more
noncremated animals, other than customary burial of farm animals as
accessory to a livestock use.
ANTENNA
An exterior device or apparatus designed for cellular, digital,
telephone, radio, pager, commercial mobile radio, television, microwave
or any other wireless communications through sending and/or receiving
of electromagnetic waves including, without limitation, omnidirectional
or whip antennas and directional or panel antennas. Unless otherwise
stated, this term shall not include "standard antenna."
ANTENNA HEIGHT
The vertical distance from the base of the antenna support
structure at grade to the highest point of the structure, including
any antennas attached thereto or forming a part thereof. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
ANTENNA, STANDARD
A device, partially or wholly exterior to a building, that
is used for receiving television or radio signals for use on-site,
or for transmitting short-wave or citizens band radio signals. See
also "commercial communications antenna."
APPLICANT
The definition in the State Municipalities Planning Code,
53 P.S. § 10101 et seq., as amended, shall apply.
ASSISTED LIVING FACILITY
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
AUTO REPAIR GARAGE
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." This use shall not include activity meeting the definition of a "truck stop." See requirements in §
27-402.
AUTO SERVICE STATION
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of pre-packaged propane. This use may include a "convenience store," provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in §
27-402.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in §
27-402.
BASEMENT
An enclosed level of a building that is not a "story" and
that is partly underground.
BED-AND-BREAKFAST, INN
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in §
27-402 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in §
27-402.
BETTING USE
A place used for lawful gambling activities including, but
not limited to, off-track pari-mutual betting and any use of electronic
gambling devices. This term shall not regulate state lottery sales
or lawful "small games of chance."
BILLBOARD
A type of off-premises sign. See Part 7.
BOARDING HOUSE (INCLUDES "ROOMING HOUSE")
A residential use in which: (1) room(s) that do not meet
the definition of a lawful dwelling unit are rented for habitation,
or (2) a dwelling unit includes greater than the permitted maximum
number of unrelated persons. A boarding house shall not include a
use that meets the definition of a hotel, dormitory, motel, life care
center, personal care center, bed-and-breakfast inn, group home or
nursing home. A college fraternity or sorority house used as a residence
shall be considered a type of boarding house. A boarding house may
either involve or not involve the providing of meals to residents,
but shall not include a restaurant open to the public unless the use
also meets the requirements for a restaurant. A boarding house shall
primarily serve persons residing on-site for five or more consecutive
days.
BUFFER YARD
A strip of land that (1) separates one use from another use or feature, and (2) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See §
27-803.
BUILDING
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
BUILDING COVERAGE
The percentage obtained by dividing the total horizontal
area covered by all buildings on a lot by the total lot area of a
lot. For the purposes of this definition, building coverage shall
include all buildings that are under a roof.
BUILDING HEIGHT
The vertical distance from the average of the finished ground
level adjoining a building at all exterior walls to the average height
of the highest roof surface. The finished ground level shall not slope
away from a building wall in such a manner that it is not possible
to position a ladder for fire rescue.
BUILDING WIDTH
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
BUILDING, PRINCIPAL
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
BULK RECYCLING CENTER
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a "junkyard."
CAMP
An area that includes facilities and structures for primarily
outdoor recreational activities by organized groups, and/or that involves
overnight stays within seasonal cabins or temporary tents by organized
groups and/or transient visitors to the area. This term shall only
include facilities that are primarily used during warmer months, and
which have a maximum impervious coverage of 5%. This term shall not
include a recreational vehicle campground.
CAMPGROUND
A development under single ownership of the land with sites
being rented, leased or sold through time-share for use for tents
or recreational vehicle sites for transient visitors to the area,
and which may include associated recreational facilities.
CEMETERY
A place used for the burial of two or more noncremated humans.
CHARITABLE DONATION COLLECTION BIN
Any outdoor receptacle made of metal, steel or a similar
product, designed with a door, slot, or other opening that is intended
to accept and store donated items such as books, clothing or other
nonperishable goods and materials. Charitable donation collection
bins shall not exceed 20 square feet and seven feet in height.
CHRISTMAS TREE FARM OR TREE FARM
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale during November and December of trees that were produced on the
premises.
CHURCH
See "place of worship."
CLEAR CUTTING
A logging method that removes all trees or the vast majority
of trees from a mostly wooded area.
COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA
A structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to re-transmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. See standards in §
27-402. This term shall not include a "standard antenna."
LATTICE TOWER — A commercial communications tower that
is guyed or self-supporting with an open steel-frame structure.
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MONOPOLE TOWER — A commercial communications tower that
involves a single shaft as its structural support.
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COMMERCIAL USE
This term includes but is not limited to: retail sales, offices,
personal services, auto sales, auto repair garages and other uses
of a similar profit-making nonindustrial nature. The sale of goods
or services from a vehicle on a lot shall also be considered to be
a commercial use.
COMMUNITY CENTER
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential uses or a "treatment center."
COMPREHENSIVE PLAN
The Nazareth Area Comprehensive Plan as adopted by the Board
of Supervisors of the Township, as may be amended.
CONDITIONAL USE
A use listed as a conditional use under §
27-306, which is only allowed after review by the Township Planning Commission and approval by the Board of Supervisors, under §
27-118.
CONDOMINIUM
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101
et seq., or Uniform Planned Community Act of 1996, 68 Pa.C.S.A. § 5101
et seq., as amended.
CONSERVATION EASEMENT
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property-owners, lessees and all other users of the land.
CONTIGUOUS LOTS
Adjacent parcels of land, including parcels separated by
a stream or road.
CONVENIENCE STORE
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an "auto
service station."
CONVENTIONAL DEVELOPMENT
Development that is not approved under the open space development
provisions of this chapter. (Note this type of development typically
does not involve the preservation of significant open space.)
CRAFTS OR ARTISAN'S STUDIO
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided the requirements for such use are met.
CROP FARMING
The raising of products of the soil and accessory storage
of these products. This term shall include orchards, tree farms, wineries,
plant nurseries, raising of fish, greenhouses and keeping of animals
in numbers that are routinely accessory and incidental to a principal
crop farming use. See also "livestock, raising of."
CURATIVE AMENDMENT
A process provided in the State Municipalities Planning Code,
53 P.S. § 10101 et seq., that authorizes certain types of
challenges to a zoning ordinance.
DAY-CARE CENTER, ADULT
A use providing supervised care and assistance to persons
who need such daily assistance because of their old age or disabilities.
This use shall not include persons who need oversight because of behavior
that is criminal, violent or related to substance abuse. This use
may involve occasional overnight stays, but shall not primarily be
a residential use. The use shall involve typical stays of less than
a total of 60 hours per week per person.
DAY CARE, CHILD
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods
of less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a "nursery school" or "Head Start" programs.
See also the definition of "adult day-care center."
The following three types of day care are permitted without
regulation by this chapter: (a) care of children by their own "relatives,"
(b) care of children within a place of worship during regularly scheduled
religious services and (c) care of one to three children within any
dwelling unit, in addition to children who are "relatives" of the
care giver.
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CHILD DAY-CARE CENTER — A type of "day care" use that:
(a) provides care for seven or more children at any one time who are
not "relatives" of the primary care giver, (b) does not occur within
a dwelling unit, (c) does not meet the definition of a group day care
home, and (d) is registered with the applicable state agency. See § 27-402.
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FAMILY DAY CARE HOME (or "child day care as an accessory use") — A type of "day care" use that: (a) is accessory to and occurs within a dwelling unit, and (b) provides care for four to six children at one time who are not "relatives" of the primary care giver. See § 27-403.
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DENSITY
The total number of dwelling units proposed on a lot divided
by the "lot area," unless otherwise stated.
DEP
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
DISTRICT (OR ZONING DISTRICT)
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this chapter.
DORMITORY
A building used as living quarters for the exclusive use
of bona-fide full-time faculty or students of an accredited college
or university or primary or secondary school, and which is owned by
and on the same lot as such college, university or school.
DRIVE-THROUGH SERVICE
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
DWELLING
A building used as nontransient living quarters, but not
including a boarding house, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home."
DWELLING TYPES
This chapter categorizes dwellings into the following types:
CONVERSION APARTMENT — A new dwelling unit created within an existing building within the standards of Part 4 and where permitted by Part 3 and meeting the floor area requirements of § 27-801.
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DUPLEX — A building that includes two apartment dwellings
and which is not a twin dwelling.
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APARTMENTS or MULTIFAMILY DWELLINGS — Two or more dwelling
units within a building that do not meet the definition of a single-family
detached dwelling, twin dwelling or townhouse/rowhouse. The individual
dwelling units may be leased or sold for condominium ownership. If
a building only includes two apartments, it shall be considered to
be a duplex.
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SECTIONAL OR "MODULAR" HOME — A type of dwelling that
meets a definition of single-family detached dwelling, single-family
semidetached dwelling, townhouse or low-rise apartment that is substantially
but not wholly produced in two or more major sections off the site
and then is assembled and completed on the site, and that does not
meet the definition of a "mobile/manufactured home" and that is supported
structurally by its exterior walls and that rests on a permanent foundation.
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SINGLE-FAMILY DETACHED DWELLING — One dwelling unit in
one building accommodating only one family and having open yard areas
on all sides.
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MOBILE/MANUFACTURED HOME — A type of single-family detached dwelling that meets all of the following requirements: 1) is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing, 2) is designed for permanent occupancy, 3) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, 4) is constructed so that it may be used with or without a permanent foundation and 5) is not a "recreation vehicle." The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "sectional home," which is defined above. See standards in § 27-402.
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TWIN DWELLING UNIT — One dwelling unit accommodating one
family that is attached to and completely separated by a vertical
unpierced fire resistant wall to only one additional dwelling unit.
One side yard shall be adjacent to each dwelling unit. Each unit may
or may not be on a separate lot from the attached dwelling unit.
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TOWNHOUSE or ROWHOUSE — One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 27-402.
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DWELLING UNIT
A single habitable living unit occupied by only one "family."
See definition of "family." Each dwelling unit shall have: (1) its
own toilet, bath or shower, sink, sleeping and cooking facilities
and (2) separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: (1) two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another, or (2)
two separate and distinct sets of kitchen facilities.
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or police equipment and for related activities. This use may include housing for emergency personnel while on-call. See also provisions for this use in §
27-402.
EMPLOYEES
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
ESSENTIAL SERVICES OR ESSENTIAL PUBLIC UTILITY SERVICES
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary and
appropriate to the character of the area in which they are to be located.
Essential services shall include the following and closely similar
facilities: sanitary sewage lines, water lines, electric distribution
lines, stormwater management facilities, cable television lines, natural
gas distribution lines, fire hydrants, streetlights and traffic signals.
Essential services shall not include a central sewage treatment plant,
a solid waste disposal area or facility, commercial communications
towers, a power generating station, septic or sludge disposal, offices,
storage of trucks or equipment or bulk storage of materials.
FAMILY
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. A family shall also expressly include numbers of unrelated persons provided by the group home provision of §
27-402 residing within a licensed group home, as defined herein. Through those provisions and §
27-112, Subsection
4E, the Township's intent is to comply with the Federal Fair Housing Act, 42 U.S.C.A. § 3601 et seq., as amended.
FARM
A lot used for the raising of agricultural or dairy products
and/or the raising of livestock or poultry for commercial purposes.
This term may include one dwelling unit, buildings used for the agricultural
activities and the storage of equipment used for the agricultural
activities.
FENCE
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a "wall." See §
27-403.
FINANCIAL INSTITUTION
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
FLOODPLAIN
See definitions of this term and related terms in the Township floodplain regulations, §
27-504.
FLOOR AREA, TOTAL
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to: (1) fully enclosed porches and (2) basement or cellar
or attic space that is potentially habitable and has a minimum head
clearance of at least 6.5 feet. Floor area shall not include unenclosed
structures.
FORESTRY
The management of forests and timberlands when practiced in accordance with accepted silvacultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, and which does not involve any land development. See "timber harvesting" in this section and §
27-402.
GARAGE SALE
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See §
27-403.
GLARE
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See §
27-507.
GOVERNMENT FACILITY, OTHER THAN TOWNSHIP-OWNED
A use owned by a government, government agency or government
authority for valid public health, public safety, recycling collection
or similar governmental purpose, and which is not owned by the Township
or an authority created solely by the Township. This term shall not
include uses listed separately in the table of uses in Part 3, such
as "publicly owned recreation." This term shall not include a prison.
GROUP DAY CARE HOME
A type of "day care" use that: (a) provides care for between
seven and 12 children at one time who are not "relatives" of the primary
care giver, (b) provides care within a dwelling unit, and (c) is registered
with the applicable state agency.
GROUP HOME
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the persons served
due to age, emotional, mental, developmental or physical disability.
This definition shall expressly include facilities for the supervised
care of persons with disabilities subject to protection under the
Federal Fair Housing Act as amended. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use. A group home typically involves an individual
residing on the premises for more than 30 days at a time.
(1)
Group homes shall be subject to the same limitations and regulations
by the Township as the type of dwelling unit they occupy.
(2)
It is the express intent of the Township to comply with all
provisions of the Federal Fair Housing Act, 42 U.S.C.A. § 3601
et seq., as amended, and regulations promulgated thereunder, in the
construction of this term.
(3)
A group home shall not include a "treatment center."
(4)
Note The Federal Fair Housing Act amendments defined "handicap"
as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2)
a record of having such an impairment, or 3) being regarded as having
such an impairment, but such term does not include current, illegal
use of or addiction to a controlled substance as defined in § 802
of Title 21." This definition was subsequently adjusted by § 512
of the Americans With Disabilities Act to address certain situations
related to substance abuse treatment.
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HAZARDOUS SUBSTANCES
A product or waste, or combination of substances that because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into ground water resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes, but is
not limited to, materials which are included on the latest edition
of one or more of the following lists:
(1)
"Hazardous substances" as defined pursuant to § 311
of the Federal Clean Water Act, or its successor provisions.
(2)
"Hazardous substances" as defined pursuant to the Federal Comprehensive
Environmental Response, Compensation and Liability Act, or its successor
provisions.
HAZARDOUS SUBSTANCES, EXTREMELY
Hazardous substances included on the list of "Extremely Hazardous
Substances" in 29 Code of Federal Regulations, Part 355, or its successor
provisions and that are stored or used in quantities above the threshold
reportable limits in such regulations.
HEIGHT
See "building height." To measure the height of any structure
that is not a building, it shall be the total vertical distance from
the average elevation of the proposed ground level to the highest
point of a structure. For height of signs, see Part 7 entitled "Signs."
HELIPORT
An area used for the take-off and landing of helicopters,
and related support facilities. A private heliport shall be limited
to 15 total take-offs and landings in any seven-day period, and which
is not open to the general public. A public heliport is one that does
not meet the definition of a private heliport.
HOME OCCUPATION
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of §
27-403. A light home occupation shall be a home occupation that meets the additional requirements for a light home occupation, as stated in §
27-403. The term light home occupation includes, but is not limited to, the term "no-impact home-based business," as defined in the State Municipalities Planning Code, 53 P.S. § 10101 et seq. A general home occupation shall be a home occupation that does not meet the requirements for a light home occupation. Note-in most cases, under §
27-306, a light home occupation is permitted by right, while a general home occupation typically needs special exception approval from the Zoning Hearing Board.
HOSPITAL
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an "office." A hospital may involve
care and rehabilitation for medical, dental or mental health, but
shall not primarily include housing or treatment of the criminally
insane or persons actively serving an official sentence after being
convicted of a felony. A hospital may also involve medical research
and training for health care professionals.
HOTEL OR MOTEL
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 90 days shall be considered a "boarding house" and shall meet
the requirements of that use. See also "bed-and-breakfast" use. A
hotel or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, amusement arcade, gift shop, swim club, exercise facilities,
tavern and similar customary accessory amenities, and provided any
such use shall only be allowed as a principal use of the property
if such use is allowed by the applicable district regulations.
HUNTING AND FISHING CLUB
Land owned by an organized group of persons formed as a club
that is used for hunting, fishing and similar types of passive recreation,
and which involves no buildings except those for the recreational,
lodging, eating and sanitary facilities for members and invited guests
and routinely accessory storage buildings.
IMPERVIOUS COVERAGE
The percentage that results from dividing the land area on
a lot covered by all "impervious surfaces" by the total land area
of the lot. Impervious surfaces shall be defined as areas covered
by buildings, paving or concrete, or other man-made surfaces that
have a runoff coefficient of 0.85 or greater. Areas of stone regularly
used for vehicle parking and movement shall be considered impervious
for the purposes of restricting impervious coverage under this chapter.
(1)
For a townhouse development, the maximum impervious coverage
may be measured as a maximum for the entire development after completion,
after the deletion of street rights-of-way (or cartway where a street
right-of-way where not exist), as opposed to regulating each individual
townhouse lot.
JUNK
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles stored outside of a completely enclosed building
and which covers over 200 square feet of land area. Examples of junk
include: scrap metal, used furniture, used appliances, used motor
vehicle parts, worn-out machinery and equipment, used containers and
scrap building materials. Junk shall not include: (1) solid waste
temporarily stored in an appropriate container that is routinely awaiting
imminent collection and proper disposal, (2) toxic substances, (3)
yard waste or tree trunks, (4) items clearly awaiting imminent recycling
at an appropriate location, (5) building materials awaiting imminent
use at an ongoing building, or (6) "clean fill" as defined by state
environmental regulations.
JUNK VEHICLE
Includes any vehicle or trailer that meets any of the following
conditions:
(1)
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs.
(2)
Cannot be towed, in regards to a trailer designed to be towed.
(3)
Has been demolished beyond repair.
(4)
Has been separated from its axles, engine, body or chassis.
(5)
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle. See also the definition of "unregistered
vehicle."
JUNKYARD
(1)
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
(a)
Junk-(see definition) covering more than 1% of the lot area.
(b)
Two or more "junk vehicles" that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage or auto service station within the requirements of §
27-402.
(c)
One or more mobile/manufactured homes that are not in a habitable
condition.
(2)
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse.
(3)
A junkyard specifically shall include, but not be limited to, a metal scrap yard or auto salvage yard. See also the Township Property Maintenance Code [Chapter
5, Part
2] that regulates unlicensed and inoperable vehicles on lots and the State Vehicle Code, 75 Pa.C.S.A. § 101 et seq., for unlicensed vehicles parked on a street.
KENNEL
The keeping of a greater number of dogs and/or cats than
are permitted under the "keeping of pets" provisions of this chapter,
and which may also include temporary keeping of other household pets.
In addition, in any case, if more than 10 dogs age six months or older
are kept, it shall be considered a kennel.
LANDOWNER
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner) or authorized officers of a partnership
or corporation that is a "landowner."
LIGHTING, DIFFUSED
Illumination that passes from the source through a translucent
cover or shade.
LIVESTOCK OR POULTRY, INTENSIVE RAISING OF
(1)
This term shall mean a raising of livestock or poultry use involving
an average of two or more "animal equivalent units" (see definition
below) of live weight per acre of livestock or poultry, on an annualized
basis.
LIVESTOCK OR POULTRY, RAISING OF
The raising and keeping of livestock, poultry or insects beyond the number and type allowed under the "keeping of pets" section of §
27-403 and beyond what is customarily incidental to a principal "crop farming" use. Raising of livestock or poultry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A "lot" may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
LOT AREA
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
(1)
Areas within the "existing" legal rights-of-way of: (a) any
proposed or existing public streets or alleys or (b) any proposed
or existing commonly maintained private streets that serve more than
one lot. (Note — other sections of this chapter, such as townhouse
development, may specifically permit proposed streets to be included
in determining density for a specific use.)
(2)
Areas that are currently or will be required to be dedicated
as common or preserved open space on a separate lot. (Note —
other sections of this chapter, such as open space development, may
specifically permit proposed common open spaces to be included in
determining density for a specific use.)
Terms For Lot Requirements
For Illustrative Purposes Only
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(3)
Features required to be excluded from "lot area" under Part
3 of this chapter.
LOT LINES
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
FRONT LOT LINE (street line) — A lot line separating the lot from the existing or proposed street right-of-way. For a corner lot, see § 27-803, Subsection 2.
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REAR LOT LINE — Any lot line which is parallel to or within
45° of being parallel to a front street right-of-way line. In
the case of a lot having no street frontage, or a lot of an odd shape,
or a flag lot, only the one lot line furthest from any street shall
be considered a rear lot line. Every lot shall have a rear yard.
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SIDE LOT LINE — Any lot line other than a front or rear
lot line.
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LOT WIDTH
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall. Where a pie-shaped
lot fronts upon a cul-de-sac, the minimum lot width may be reduced
to 75% of the width that would otherwise be required.
LOT, CORNER
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets.
MASSAGE PARLOR
A type of "adult use" that is an establishment that meets
all of the following criteria:
(1)
Massages are conducted involving one person using their hands
and/or a mechanical device on another person below the waist, in return
for monetary compensation, and which does not involve persons who
are related to each other.
(2)
The use does not involve a person licensed or certified by the
state as a health care professional or a massage therapist certified
by a recognized professional organization that requires a minimum
of 80 hours of professional training. Massage therapy by a certified
professional shall be considered "personal service."
(3)
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor or as
an incidental accessory use to a permitted exercise club or high school
or college athletic program.
(4)
The massages are conducted within private or semi-private rooms.
MEMBERSHIP CLUB
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
(1)
This use shall not include a target range for outdoor shooting
of firearms, boarding house, tavern, restaurant or retail sales unless
that particular use is permitted in that district and the requirements
of that use are met.
(2)
See §
27-402. See also "after hours club" and "hunting and fishing clubs," which are distinct uses.
MINERAL EXTRACTION
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
"Mineral extraction" includes, but is not limited to, the extraction
of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
MOBILE/MANUFACTURED HOME PARK
A lot under single ownership which includes two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "mobile home park." See §
27-402.
MOTOR VEHICLE
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate carry persons or cargo on roads and that is powered by mechanized
means.
NIGHTCLUB
An establishment that offers amplified live music performances
extending beyond 12:00 midnight, sells alcoholic beverages primarily
for on-site consumption, is open to patrons after 12:00 midnight,
and has a building capacity of over 200 persons.
NONCONFORMING LOT
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter, or amendments hereinafter enacted.
NONCONFORMING STRUCTURE
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). Such nonconforming structures include, but are not limited to, signs. See §
27-805.
NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See §
27-805.
NURSING HOME
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See §
27-402.
OFFICE
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
OPEN SPACE DEVELOPMENT
An optional type of residential development that involves the permanent preservation of preserved open space, and that places dwellings on the most suitable portions of a tract, on lots that are typically smaller than would otherwise be allowed with conventional development. See §
27-311.
OPEN SPACE, PRESERVED OR COMMON
A parcel or parcels of land within a tract which meets all
of the following standards:
(1)
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public.
(2)
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned.
(3)
Will be deeded to the Township and/or preserved by a deed restriction
or conservation easement to permanently prevent uses of land other
than "preserved open space" and noncommercial recreation or a golf
course open to the public.
(4)
Does not use any of the following areas to meet minimum preserved
open space requirements:
(a)
Existing street rights-of-way.
(b)
Vehicle streets or driveways providing access to other lots.
(c)
Land beneath building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Township for agricultural
preservation).
(d)
Off-street parking (other than that clearly intended for noncommercial
recreation).
(e)
Area(s) needed to meet a requirement for an individual lot.
(f)
For land intended to be open to the public, that does not have
provisions for entry with a fifteen-foot minimum width by pedestrians
from a street open to the public or from adjacent preserved open space
that has access to such a street.
(g)
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of the Board of Supervisors would: 1) be reasonably safe and useful
for active or passive recreation during the vast majority of weather
conditions, or 2) serve as a scenic asset resembling a natural pond.
(h)
Portions of land that have a width of less than 50 feet.
(i)
Areas that are under water during normal weather conditions.
(j)
Fifty percent of areas that are under electric transmission
lines that are designed for a capacity of 35 kilovolts or greater.
(5)
Each square foot of preserved open space that is of 25% or greater
slopes and each square foot within the one-hundred-year floodplain
shall only count as 1/2 square foot for the purposes of determining
the amount of preserved open space.
ORDINANCE, THIS
The Upper Nazareth Township Zoning Ordinance, including the
Official Zoning Map, as amended.
PA
The Commonwealth of Pennsylvania.
PARKING
Off-street parking and aisles for vehicle movement unless
otherwise stated.
PENNDOT
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
PERMITTED BY RIGHT USES
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of this chapter. A "nonconforming use" shall not be considered to
be a permitted by right use, a special exception use or a conditional
use.
PERSONAL SERVICE
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall
not include any "adult uses," as herein defined.
PETS, KEEPING OF
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See §
27-403.
PICNIC GROVE, PRIVATE
An area of open space and pavilions that is not publicly
owned and is used for group picnics and related outdoor recreation,
and which is used on a commercial basis.
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship for more than 10 persons at a time and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate "dwelling type." See standards in §
27-402.
PRINCIPAL STRUCTURE
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
PRINCIPAL USE
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
PRISON
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest.
PUBLIC NOTICE
Notice required by the PA Municipalities Planning Code, 53
P.S. § 10101 et seq. (See definition in § 107
of such law, 53 P.S. § 10107.)
PUBLICLY OWNED RECREATION
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public. "Publicly owned recreation"
is a distinct use from "indoor recreation" or "outdoor recreation."
RECREATION
The offering of leisure-time activities to unrelated persons.
This term shall not include any "adult use." For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests.
INDOOR RECREATION — A type of "recreation" use that: (a) does not meet the definition of outdoor recreation, and (b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 27-306.
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OUTDOOR RECREATION — A type of "recreation" use that: (a) has a total building coverage of less than 15%, and (b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by § 27-306, such as a firearms target range.
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RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a Township-owned use or an emergency services station.
RELATED OR RELATIVE
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more distant
cousins. See definition of "dwelling unit."
REPAIR SERVICE
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
RESIDENTIAL ACCESSORY STRUCTURE (INCLUDES "BUILDING") OR USE
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. No business shall be conducted
in a household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
RESIDENTIAL LOT LINES
The lot line of a lot that: (1) contains an existing primarily
residential use on a lot of less than 10 acres, or (2) is undeveloped
and zoned as a residential district.
RESTAURANT
(1)
An establishment that sells ready-to-consume food or drink and
that routinely involves the consumption of at least a portion of such
food on the premises.
(2)
A restaurant may include the accessory sale of alcoholic beverages.
However, if such sale is a primary or substantial portion of the total
trade, the requirements of a "tavern" or nightclub as applicable must
be met.
(3)
See "drive-through service" in this section.
RETAIL STORE
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
RIGHT-OF-WAY
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGAL — The official
established street right-of-way that either the Township or the state
presently own or hold another interest in the land, or will own after
the completion of any proposed subdivision, land development or development
of a use under this chapter, whether by dedication or otherwise.
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See also "right-of-way, future or ultimate" in the Subdivision
and Land Development Ordinance [Chapter 22].
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SCREENING
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in §
27-803, Subsection
4.
SELF-STORAGE DEVELOPMENT
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
SETBACK LINE
A line separating a "yard" from the area within which a building
or use is allowed.
SEWAGE SERVICE, CENTRAL
Sanitary sewage service to a building by a Township-approved
sewage collection and disposal system that serves five or more lots,
and which includes an appropriate mechanism to ensure long-term professional
operation and maintenance of the system.
SEWAGE SERVICE, ON-LOT
Sanitary sewage service to a building that does not meet
the definition of central sewage service, such as but not limited
to, an individual on-lot septic system.
SEWAGE SERVICE, PUBLIC
Central sanitary sewage service by a system owned and/or
operated by a municipality or a municipal authority.
SIGHT TRIANGLE
An area required to be kept free of certain visual obstructions to traffic. See §
27-803.
SIGN
The definition in Part 7 shall apply.
SIGN AREA
The definition in Part 7 shall apply.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
SITE ALTERATIONS
This term shall include one or more of the following activities:
(1)
Filling of lakes, ponds, marshes or floodplains or alteration
of watercourses.
(2)
Clearing and regrading of more than 1/2 acre, other than selective
thinning of existing vegetation or trees.
SOLID WASTE LANDFILL
An area where municipal solid waste and similar materials
is deposited on land, compacted, covered with soil and then compacted
again, and which has a permit from DEP to operate as a sanitary landfill.
SOLID WASTE TRANSFER FACILITY
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
SOLID WASTE-TO-ENERGY FACILITY
An area where municipal solid waste and similar materials
are incinerated or otherwise processed to result in usable energy
for offsite use.
SPECIAL EXCEPTION
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See §
27-117.
SPECIFIED SEXUAL ACTIVITIES
One or more of the following:
(1)
Human male genitals in a visible state of sexual stimulation.
(2)
Acts of human masturbation, sexual intercourse, oral sex or
sodomy.
(3)
Fondling or other erotic touching of human genitals. See definition
of "adult use."
STATE
The Commonwealth of Pennsylvania and its agencies.
STORY
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of 6.5 feet or
greater shall be considered a full story, except as follows: If the
floor of a basement level is more than six feet below the finished
grade level for more than 50% of the total building perimeter, it
shall not be regulated as a story. Any level of a building having
an average vertical clearance from floor to ceiling of less than 6.5
feet shall be considered a "half-story."
STREET
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably.
STRUCTURE
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
For the purposes of this chapter, utility poles, stormwater basins,
wells, paving and septic systems shall not be considered structures,
and shall not be subject to minimum zoning setback requirements unless
stated otherwise.
SUBDIVISION
The definition in the Subdivision and Land Development Ordinance
[Chapter 22] shall apply.
SWIMMING POOL, HOUSEHOLD OR PRIVATE
A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See §
27-403.
SWIMMING POOL, NONHOUSEHOLD
A man-made area with walls of man-made materials intended
to enclose water at least 24 inches deep for bathing or swimming and
that does not meet the definition of a "household" swimming pool.
TAVERN
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of an "after-hours club" or a "nightclub." The sale
of food may also occur. See also the definition of "restaurant."
THEATER
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
TIMBER HARVESTING (INCLUDES LOGGING)
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products.
TIRE STORAGE, BULK
The storage of more than 20 used tires on a lot, except that a tire retail store may include the temporary storage of up to 100 used tires awaiting disposal on a lot without being regulated by this term. See "outdoor storage" in §
27-403.
TOWNSHIP
Upper Nazareth Township, Northampton County, Pennsylvania.
TRADE/HOBBY SCHOOL OR TRADE SCHOOL
A facility that: (1) is primarily intended for education
of a work-related skill or craft or a hobby, and (2) does not primarily
provide state-required education to persons under age 16. Examples
include a dancing school, martial arts school, cosmetology school
or ceramics school.
TRADESPERSON
A person involved with building trades, such as, but not
limited to: plumbing, electrical work, building construction, building
remodeling, and roofing.
TRANSFER OF DEVELOPMENT RIGHTS
An optional process, authorized under §
27-313, that allows the residential density that would otherwise be allowed on one tract to be transferred to increase the density on another tract. The developer of the second tract compensates the owner of the first tract for preserving their land, based upon an agreement negotiated and accepted by both parties.
TREATMENT CENTER
A use (other than a prison or a hospital) providing housing
for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
(1)
Criminal rehabilitation, such as a criminal halfway house.
(2)
Current addiction to a controlled substance that was used in
an illegal manner or alcohol.
(3)
A type of mental illness or other behavior that causes a person
to be a threat to the physical safety of others.
See standards in § 27-402. Also, a group home that exceeds the number of residents allowed by this chapter within a group home shall be regulated as a treatment center, unless approved otherwise under § 27-112, Subsection 4.
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UNIT FOR CARE OF RELATIVE
A dwelling unit that: (1) is especially created for and limited to occupancy by a close "relative" of the permanent residents of the principal dwelling unit, (2) is necessary to provide needed care and supervision to such relative, and (3) meets the requirements for such use in §
27-403.
UNREGISTERED VEHICLE
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
USE
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include, but are not limited to,
the following: activity within a structure, activity outside of a
structure, any structure, recreational vehicle storage or parking
of commercial vehicles on a lot.
VARIANCE
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the PA Municipalities Planning Code, 53 P.S. § 10101 et seq. See §
27-112.
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
WATER SERVICE, CENTRAL
Water supply service to a building by a Township-approved
water supply system that serves 20 or more lots, and which includes
an appropriate mechanism to ensure longterm professional operation
and maintenance of the system.
WATER SERVICE, ON-LOT
Water supply service to a building that does not meet the
definition of central water service, such as but not limited to an
individual on-lot well.
WATER SERVICE, PUBLIC
Central water service by a system owned and/or operated by
a municipality or a municipal authority, or by a Public Utility Commission
regulated utility company that serves more than 500 lots or dwellings.
WATERCOURSE
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
WETLANDS
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
YARD
An open area unobstructed from the ground to the sky that is not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a minimum setback. Each required yard shall be measured inward from the abutting "lot line," existing street right-of-way or setback required from a street under §
27-807, whichever is most restrictive. Regulations of each district prohibit principal and accessory structures within the specified minimum yards.
(1)
See yard/setback exceptions in §
27-803, Subsection
2.
(2)
Private Streets. For a building setback measured from a private
street, the setback shall be measured from the existing street right-of-way/easement
or 15 feet from the center of the cartway, whichever is more restrictive.
YARD, FRONT OR FRONT SETBACK
A "yard" measured a distance measured from and running parallel to the front lot line, street right-of-way line or setback required by §
27-807, whichever is most restrictive. Such yard shall extend the full width of the lot from side lot line to side lot line.
(1)
The front yard shall be on a side that faces towards a public
street, whenever one public street abuts the lot. If a lot abuts two
streets, the front yard shall be whichever side is the predominant
front yard for neighboring properties. If no side is predominant,
then the applicant may choose which is the front yard.
(2)
See §
27-803 concerning yards along corner lots.
YARD, REAR OR REAR SETBACK
(1)
A "yard" extending the full width of the lot and which is measured
from along the rear line and which establishes the minimum setback
for the subject structure, and which stretches between the side lot
lines parallel to the rear lot line.
YARD, SIDE OR SIDE SETBACK
(1)
A "yard" which establishes the minimum setback for the closest
portion of the subject structure, and which is measured from along
the entire length of the side lot line, and which extends from the
front setback line to the rear lot line.
YIELD PLAN
A plan required to be submitted to the Township by the applicant
under certain provisions of this chapter. The yield plan shall accurately
show the maximum number of dwelling units that would be possible under
current Township ordinances if certain optional development provisions
would not be used, and instead the provisions for conventional development
under the current zoning district would be used. A yield plan shall
be completed to an accurate scale, including accurately showing the
existing feature map information. The yield plan shall show potential
lots, streets and retention/detention pond locations.
ZONING MAP
The Official Zoning Map of Upper Nazareth Township, Northampton
County, Pennsylvania.
ZONING OFFICER
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.
ZONING ORDINANCE
The Upper Nazareth Township Zoning Ordinance, as amended
[this chapter].