[Ord. 75-1, 1/6/1975]
1.
Unless otherwise expressly stated, the following words, for the purpose
of this chapter, shall have the meaning herein indicated:
A.
The singular includes the plural.
B.
The word "person" includes a corporation or other entity as well
as an individual.
C.
The word "lot" includes the word "plot" or "parcel."
D.
The term "shall" is always mandatory.
E.
Words used in the present tense shall include the future.
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 "see" when used in connection with making a reference to
another section of this chapter shall mean that the referred to section
shall be deemed to be included to and added in the section where the
word "see" is used, as though said referred to section were fully
set forth thereat, unless the use of the word "see" and the reference
made to other sections of the chapter clearly indicate otherwise.
H.
When a series of definitions is given, the same shall be construed
consistently, wherever possible and if they cannot be construed consistently,
shall be construed as being given in the alternative.
[Ord. 75-1, 1/6/1975; as amended by Ord. 82-1, 2/17/1982;
by Ord. 82-3, 2/19/1982; by Ord. 82-4, 4/6/1982; by Ord. 82-5, 7/6/1982;
by Ord. 83-2, 2/8/1983; by Ord. 1986-3, 10/7/1986; by Ord. 1989-1,
2/2/1989; by Ord. 1994-9, 12/6/1994, § I; by Ord. 8.9.01,
8/7/2001, § 1; by Ord. 3.2.04, 3/2/2004, § 3F,
3G; by Ord. 11.2.04, 11/2/2004, § 3; by Ord. 8.5.2008, 8/5/2008;
by Ord.8.05.2008, 8/5/2008, § IA; by Ord. 11.04.2008.02,
11/4/2008, § IA; by Ord. 03.01.2011.01, 3/1/2011, § 1;
by Ord. 12.06.2011(1), 12/6/2011, § I; by Ord. 04.09.2013,
4/9/2013, § 1; by Ord. 10.13.2015, 10/13/2015, § 1;
and by Ord 12.08.15.04, 12/8/2015, § 2]
An area of land or other area used for a solar energy system
or used to capture solar energy, convert it to electrical energy or
thermal power, and supply electrical and thermal power primarily for
on-site use. Ground-mounted or freestanding solar energy systems with
an output size of not greater than 10kw shall be considered accessory
solar energy systems. Roof-mounted solar energy systems on the roofs
of buildings on-site used primarily for on-site use shall have no
limit as to power output. An accessory solar energy system consists
of one or more freestanding ground, or roof-mounted solar arrays or
modules, or solar-related equipment and is intended to primarily reduce
on-site consumption of utility power or fuels for use on-site by the
generator.
[Added by Ord. No. 11.08.2022.03, 11/8/2022]
A use customarily incidental and subordinate to the principal
use or building or structure and located on the same lot with such
principal use or building, but separate from the principal structure.
Adult bookstore shall include any store, establishment or
business or commercial enterprise that engages in the sale of books,
commonly denoted "adult books" which shall be regarded as being books
that have as their main or central theme any appeal to the prurient
interest without any redeeming social value. Any such business or
enterprise selling said books shall be included in the term "adult
bookstore."
Adult theater shall include any theater or other business
or commercial activity that shows any film that would commonly be
noted as an "adult film" which shall be regarded as being a film that
would have as its main or central theme any appeal to the prurient
interest without any redeeming social value. Any such business or
enterprise shall be included herein in the word "adult theater."
The procedures used in production and preparation of food
and agricultural products for market. These procedures being such
that they do not pollute the air, water or other natural resources
of the area, but include the usual noise, dust and odors involved
in agricultural practices. The term includes the storage and utilization
of agricultural and food processing wastes, screenings and sludges
for animal feed, and the agricultural utilization of septic tank cleaning
and sewage sludges which are generated off-site on land where the
material will improve the soil.
The cultivation of soil and other uses of land including,
but not by way of limitation; horticulture, mushroom growing, and
the breeding and raising of customary domestic animals, dairying,
pasturing, floriculture, viticulture, apiculture, and animal and poultry
husbandry and the necessary accessory uses for packing, treating or
storing the produce; provided, however, that the operation of any
such accessory uses shall be secondary to that of normal agricultural
activities.
A public thoroughfare which affords only a secondary means
of access to abutting property and not intended for general traffic
circulation.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities, or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one location or position to another.
Any change in the support members of a building such as bearing
walls, columns, beams, or girders.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
A dwelling altered by converting an existing dwelling into
apartments for two or more families without substantially altering
the exterior of the building.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development
including, but not limited to, an application for a building permit,
for the approval of a subdivision plat or plan or for the approval
of a development plan.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "auto court" includes buildings
designated as tourist courts, motor lodges, motels and similar appellations.
Any area of the building having its floor below ground level
on all sides.
That portion of a street lying on either side of the cartway
between the edge thereof and the adjacent road ditch, intended primarily
for stopping and parking purposes.
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with or without meals.
A rooming house and a dormitory shall be deemed a boarding house.
Any structure having a roof and intended for occupancy, or the
shelter, housing or enclosure of persons, animals or chattel.
A combination of materials forming a structure and having walls
and a roof, including all mobile/manufactured home and trailers intended
for human occupancy or habitation or other storage or protective purposes.
That line established by the required minimum setback from
the street right-of-way for buildings and/or structures for the district
involved. The building line shall be the point at which the lot width
shall be measured.
A building in which is conducted the principal use of the
lot on which it is located.
A subordinate building or a portion of the main building
on a lot, the use of which is customarily incidental to that of the
main or principal building.
A building surrounded by open space on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors, covered porches and covered
patios, whether enclosed or unenclosed but does not include steps.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line of mansard roofs,
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
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TYPE 1 — Any area of land or water on which are located
two or more cabins, tents, trailers, shelters, houseboats or other
accommodations of a design or character suitable for seasonal or other
temporary living purposes, regardless of whether such structures or
other accommodations actually are occupied seasonally or otherwise.
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TYPE 2 — Any building or group of buildings, other than
buildings constituting a Camp - Type 1, used for temporary or seasonal
living purposes other than:
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(1)
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Normal residential occupancy of a dwelling of a type permitted
in the district in which situated; or
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(2)
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Normal occupancy of a hotel, rooming house, tourist home or
automobile court.
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TYPE 3 — Any land, including any building thereon, used
for any assembly of persons for what is commonly known as "day camp"
purposes; and shall apply to any of the foregoing establishments whether
or not conducted for profit and whether occupied by adults or by children,
whether as individuals, families or groups.
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A vehicular portable structure to be mounted on a chassis
or wheels and towed or constructed as an integral part of a self-propelled
vehicle for use as temporary dwelling for travel, recreation, and
vacation commonly known as travel trailers, pickup coaches, motor
homes, or camping trailers.
A tract or tracts of land, or any portions thereof, used
for the purpose of providing sites for the temporary use of trailers,
campers, or tents, as hereinafter defined, for camping purposes with
or without a fee being charged for the leasing, renting, or occupancy
of such space.
A parcel of land in an organized camp or campground for the
placement of a single trailer and/or tent and the exclusive use of
its occupants.
See "garage, private."
That portion of a street which is improved, designated, or
intended for vehicular use.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
For floodplain management purposes, the term shall mean any area of
the building having its floor subgrade (below ground level) on all
sides.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the street center lines.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communication signals including, without limitation,
omnidirectional or whip antennas and omnidirectional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including, without limitations,
ham or citizen band radio antennas.
An unmanned building or cabinet containing communication
equipment required for the operation of communications antennas and
covering an area on the ground no greater than 250 square feet.
A structure, other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
Any agriculture use that fits the Commonwealth of Pennsylvania definition of CAO or CAFO as defined in 3 Pa.C.S.A., Chapter 5, "Nutrient Management and Odor Management.
A use which may be permitted in one or more zoning districts
upon the recommendation of the Township Planning Commission to the
Board of Township Supervisors who may grant approval pursuant to certain
standards and criteria and the provisions of this chapter.
The County of Lycoming, Pennsylvania.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building,
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That percentage of the plot or lot area covered by the area
of all buildings on the lot.
A relatively short dead end street with a turnaround provided.
The officially established grade of the curb in front of
the midpoint of the lot.
An excavation. The difference between a point on the original
ground and a designated point of lower elevation on the final grade.
Also, the material removed in excavation.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania and its authorized representatives.
Any landowner, agents of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of mobile/manufactured homes; streets, and other paving;
utilities; filing, grading and excavation; mining; dredging; drilling
operations; storage of equipment or materials; and the subdivision
of land.
The keeping of more than three dogs that are more than six
months old.
An opening to the outside other than a door which provides
all or part of the required natural light, natural ventilation or
both to an interior space. The glazed portion of a door in an exterior
wall may be construed to be a window.
See "boarding house."
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or part thereof, or waste material of any kind.
A building designed or used for residential occupancy as
the living quarters for one or more families. The terms "dwelling,"
"one-family dwelling," "multiple dwelling," "two-family dwelling,"
or "dwelling group" shall not be deemed to include automobile court,
rooming house, tourist home, motel, or hotel.
A building or portion thereof providing complete housekeeping
facilities for one family.
A group of two or more one-family, two-family or multiple
dwellings occupying a lot in one ownership and having any yard in
common.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, condominium,
and group houses.
A building designed for or occupied exclusively by one family.
A building accommodating but a single-family and having two
side yards.
A dwelling, the walls on two sides of which are in common
with the walls of adjoining dwellings and are party or lot line walls.
No structure shall contain more than 12 units.
A building designed specifically for or occupied exclusively
by two families living independently of each other and of one-story
or two-story design.
A right-of-way granted for the limited use of land for public
or quasi-public purposes.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public.
The removal of surface materials by the action of natural
elements.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut quarried, uncovered, removed, displaced,
relocated or bulldozed, and shall include the conditions resulting
therefrom.
A parcel (or contiguous parcels) of land divided into two
or more mobile/manufactured home lots for rent or sale, for which
construction of facilities for servicing the lot on which the mobile/manufactured
home is to be affixed (including at a minimum the installation of
utilities, either final site grading or the pouring of pads or sites
and construction of structures) is completed before the effective
date of this amendment.
One or more persons who live together in a common household.
May consist of a single person or two or more persons, related by
blood, marriage, or adoption. May also include domestic servants and
gratuitous guests.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
A temporary inundation of normally dry land areas.
That portion of the one-hundred-year floodplain outside the
floodway, excluding areas shown as approximated one-hundred-year flood
zones on Hepburn Township's Flood Boundary and Floodway Maps.
Same as "floodplain."
A relatively flat or low land area adjoining a river, stream,
or watercourse, which is subject to partial or complete inundation;
An area subject to the unusual and rapid accumulation or runoff
of surface waters from any surface;
An area subject to mudslides caused by accumulation of water
on or underground;
Same as "general floodplain."
The designated area of a floodplain as shown on Hepburn Township's
Flood Boundary and Floodway Maps required to carry and discharge a
flood of a one-hundred-year frequency without cumulatively increasing
the water surface elevation more than one-foot at any point.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to business or dwelling
purposes but including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
The quotient of the sum of all the floor area of a building
divided by its lot area.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellar, attics, service rooms or
utility rooms, bathroom, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area. The minimum total window area, measured between
stops shall be 10% of the habitable floor area of such room.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
An enclosed or partly enclosed space for the storage of one
or more motor vehicles, provided that no business, occupation or service
is conducted for profit therein nor space therein for more than one
car is leased to a nonresident of the premises (except as provided
herein.) For the purposes of this chapter the term "private garage"
shall include the term "carport."
Any garage not a private garage, and which is used for storage,
parking, repair, rental, servicing or supplying of gasoline or oil
to motor vehicles.
That portion of the floodplain area for which no special
flood profiles exist and which is designated as approximated area
on Hepburn Township's Flood Boundary and Floodway Maps.
The effect of reflecting light with an intensity sufficient
to impair a viewer's ability to see or cause momentary blindness.
[Added by Ord. No. 11.08.2022.03, 11/8/2022]
Board of Supervisors of Hepburn Township, Lycoming County,
Pennsylvania.
The elevation of the center line of the streets as officially
established by the municipal authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminary
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminary determined by the Secretary of the
Interior as contributing to the historical significance of the registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A use entirely within a dwelling or accessory building that
is clearly incidental and secondary to the principal residential use
provided the following criteria are met:
That no external alterations or structural changes are necessary.
The occupation does not produce offensive noise, vibrations,
heat, dust or other objectionable conditions.
No outside storage is required.
No more than 25% of the gross area of a dwelling unit is used
for such purpose.
Not more than one nonoccupant is employed.
Adequate off-street parking provided.
Does not alter in any material way the character of the property
as essentially a residence.
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care including such establishments
as a sanatorium, sanitarium, and preventorium.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by transient guests and where only
a general kitchen and dining room are provided within the building
or in an accessory building.
See "recreation vehicle."
Any structure designed or used in a way which includes a
human or humans being at least occasionally within the structure.
A pipeline that transports oil or gas from an oil or gas well site to: a natural gas processing plant; or an interconnect with a pipeline within the Commonwealth of Pennsylvania that is subject to the jurisdiction of the Federal Energy Regulatory Commission or the Pennsylvania Public Utility Commission. This definition shall not include any pipeline and appurtenances connecting an end-use consumer's piping to an oil or gas well site or main pipeline. Terms referenced in this definition shall have the meaning prescribed to them in § 27-638.
See "scrapyard."
Is defined as an establishment where more than five dogs
or domesticated animals, for more than six months are housed, groomed,
bred, boarded, trained or sold. House pets in a private home are excluded.
Any of the following activities:
The improvement of one or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single non residential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or prospective occupants
by means of, or for the purpose of streets, common areas, leaseholds,
condominiums, building groups or other features.
A subdivision of land.
Developments excluded include conversions of existing single-family
detached or semidetached dwellings to not more than three residential
units, unless such units are intended to be condominiums; the addition
of an accessory building, including farm buildings, on a lot or lots
subordinate to an existing principal building; or the addition or
conversion of buildings and rides within the confines of an enterprise
which would be considered an amusement park. For purposes of this
exclusion an amusement park is defined as a tract or area used principally
as a location for permanent amusement structures or rides. This exclusion
does not apply to newly acquired acreage by an amusement park until
initial plans for the expanded area have been approved by proper authorities.
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 having a
remaining term of not less than 40 years, or other persons having
a proprietary interest in land, shall be deemed to be a landowner
for the purposes of this chapter.
A business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use such as in the case of an apartment house.
The dividing line between the street right-of-way and the
lot.
A building in which three or more rooms are rented and in
which meals are not served.
Land occupied or to be occupied by a building and its accessory
buildings, or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated,
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
law to be adequate as a condition of the issuance of a zoning or building
permit for a building on such land.
The lines bounding a lot as defined herein.
A parcel of land held in single and separate ownership described
by a recorded deed or other legal instrument which may or may not
conform to the minimum regulations required herein.
A parcel of land at the junction of, and fronting on, two
or more intersecting streets.
A lot other than a corner lot.
An interior lot having frontage on two parallel or approximately
parallel streets.
Marijuana for certified medical use as set forth in Act 16
of 2016,[1] as amended from time to time.
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the commonwealth
to dispense medical marijuana. The term does not include a health
care medical marijuana organization under Chapter 19 of Act 16 of
2016.[2] This defined use shall not be deemed a drug store, neighborhood
commercial facility, distribution center, or retail business, as listed
elsewhere in this chapter, but shall be considered a distinct and
unique use.
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any other combination thereof,
which holds a permit from the Department of Health of the commonwealth
under Act 16 of 2016,[3] as amended from time to time, to grow and process medical
marijuana. The term does not include a health care medical marijuana
organization under Chapter 19 of Act 16 of 2016.[4] This defined use shall not be deemed a selected industry as referenced in § 27-505, Subsection 5C, or an agricultural use as referenced in § 27-506, Subsection 2A.
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
A transportable, single-family dwelling intended for human occupancy,
office or place of assembly contained in one unit, or in two units
designed to be joined into one integral unit capable of again being
separated for repeated towing, which arrives at a site complete and
ready for occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used without
a permanent foundation.
In floodplain areas only, "mobile/manufactured home" shall include
any park trailer, travel trailer, recreational or other similar vehicle
which is placed on a site for more that 180 consecutive days, without
being removed outside the floodplain area.
For purposes of this chapter a mobile/manufactured home shall
not include park trailers, travel trailers, recreational vehicles
or other similar vehicles.
A parcel of land for the placement of a single mobile/manufactured
home and the exclusive use of its occupants.
A parcel of land under a single ownership which has been
planned and improved for the placement of mobile/manufactured homes
for nontransient use.
The Township of Hepburn, Lycoming County, Pennsylvania.
Any activity involving the development of a natural resource
for commercial purposes including, but not limited to, the following:
oil and gas well drilling, or other production of oil and natural
gas, the operation of a quarry, sand pit, gravel pit or topsoil stripping
operation, the excavation and sale of sand, gravel, clay, shale or
other natural mineral deposits, the quarrying of any kind of rock
formation, or any other similar commercial harvesting, production,
sale or development of natural resources; it shall not include farm
activities or timber harvesting.
Structures for which the start of construction commenced
on or after February 17, 1982, and includes any subsequent improvements
thereto.
A business or commercial activity administrated 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. See also § 27-633, Subsection 1A.
A structure or land lawfully occupied by a use that does
not conform to the regulations of the district in which it is situated.
Any structure containing sleeping rooms where persons are
housed or lodged and furnished with meals and nursing care.
A flood that on the average is likely to occur once every
100 years, i.e., that has one-percent chance of occurring each year,
although the flood may occur in any year.
A space, not occupied by a structure, open to the sky and
on the same lot with the building or structure.
The area required for parking one automobile, which in this
chapter is held to be an area of not less than 180 square feet, nine
feet wide and 20 feet long, plus space for access and passageways.
An authorization issued by the Department of Health of the
commonwealth to a medical marijuana organization to conduct activities
under this Act.[5]
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
Any individual, partnership, corporation, association, municipality,
county, authority, Commonwealth of Pennsylvania or any other private
or public entity.
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
short-term rental. A person in charge must reside or have an office
within approximately 15 miles of the short-term rental property and
be able to act as the legal agent for the owner. The Township must
be notified in writing within 14 days if there is a change in the
identity of the person in charge.
[Added by Ord. No. 11.08.2022.02, 11/8/2022]
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, under the provisions of a
municipal zoning ordinance.
The Hepburn Township Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
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PRELIMINARY — A tentative plan indicating the proposed
layout of a subdivision prepared by the subdivider for submission
to the Planning Commission for its consideration.
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FINAL — A complete and exact plan of subdivision which
is presented to the Planning Commission for approval and thence to
the Board of Supervisors for final approval, and when approved, will
be submitted by the subdivider to the Recorder of Deeds of Lycoming
County for recording in accordance with law.
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Any lot, parcel or tract of land and any building constructed
thereon.
At least 51% of the actual cash value of the structure, less
land value, is above ground.
Includes:
Notice given of not more than 30 days and not less than 14
days in advance of any public hearing required by law. Such notice
shall be published once each week for two successive weeks in a newspaper
of general circulation in the Township of Hepburn, Lycoming County,
Pennsylvania. Such notice shall state the time and place of the hearing
and the particular nature of the matter to be considered at the hearing.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale or for processing into a product
for sale, and exclusive of the process of grading a lot preparatory
to the construction of a building.
Any portable or mobile vehicle used or designed to be used
for travel, recreation and/or living purposes; and with its wheels,
rollers, or skids in place. A recreation vehicle shall include trailer,
house trailer, camper, sleigh, golf cart, boat, boat trailer, airplane
or other similar vehicle providing partial and usually temporary living
and sleeping quarters and which may or may not include kitchen and
bathroom conveniences.
A tract of land:
The registry established by the Department of Health of the
commonwealth for practitioners.
[Added by Ord. No. 10.10.2017.01, 10/10/2017]
A dwelling mostly occupied by permanent guests and not by
transients. It may include restaurants, newsstands and other accessory
services primarily for serving its occupants and only incidentally
the public.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
The surface water discharge or rate of discharge of a given
watershed after a fall of rain or snow that does not enter the soil
but runs off the surface of the land.
A private hospital, whether or not such facility is operated
for profit.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage or sale of waste paper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage
or salvaging of machinery or vehicles not in running condition, or
for the sale of parts thereof. Such uses shall be classified as industrial.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water, or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
An establishment that offers for rental or lease individual
units intended for the storage or safe-keeping of personal goods and
possessions regardless of duration.
Any area of land, including structures thereon; that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, dry
cleaning or otherwise cleaning or servicing such motor vehicles. Automotive
parts may be sold.
Any dwelling unit utilized as a single-family residence rented
for the purpose of overnight lodging for a period of 30 days or less.
[Added by Ord. No. 11.08.2022.02, 11/8/2022]
Permission granted by the Township to utilize a dwelling
unit for short-term rental unit.
[Added by Ord. No. 11.08.2022.02, 11/8/2022]
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public. "Sign" shall include, but not be limited to, any identification,
description, illustration, structure or device which is visible from
any public place and which draws attention to a product, service,
place, activity, person, entity, institution, business, profession,
commodity or entertainment. "Sign" shall also include, but not be
limited to, any solicitation or the presentation and display of any
emblem, painting, banner, pennant, placard or other structure or device
whether played temporarily or permanently, to advertise, identify
or convey information. "Sign" shall not include national, governmental,
religious or corporate flags. "Sign" for purposes of this chapter
shall also not include official traffic or government signs, or scoreboards
on athletic fields.
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OUTDOOR ADVERTISING DEVICE — Any outdoor sign, light,
figure, painting, drawing, message, plaque, poster, billboard or other
structure or device which is designed, intended or used to advertise
or inform or to draw attention to the subject of the same. As used
throughout this chapter, the word "sign" shall include an outdoor
advertising device, unless the same is specifically excluded.
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ON-PREMISES SIGN — A sign which carries only messages
strictly incidental to the lawful use of the premises on which the
sign is located. Such sign may include, but not be limited to, messages
including the business transacted, services rendered, goods sold or
produced or activities conducted on the premises; the name of the
business, name of the person, firm or corporation occupying the premises.
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OFF-PREMISES SIGN OR OFF-SITE SIGN — A sign, the subject
of which need not necessarily be limited to a message or communication
strictly incidental to the lawful use of the premises upon which it
is erected, but may refer to subject matter or activities which are
not carried out upon nor incidental to the use of the premises upon
which the sign is erected.
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SIGN AREA — The area of a sign shall be measured by the
smallest square, rectangle, triangle, circle, or combination thereof
which will encompass the entire sign. Sign area shall be inclusive
of any border and trim, but shall not include the base or apron, supports,
or other structural members.
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SIGN, ANIMATED — A sign with action or motion or revolving,
flashing, or color changes requiring electrical energy, but not including
wind activated elements such as flags, banners, or like items.
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A plan submitted at the option of the applicant, usually
a freehand drawing of any idea for a proposed subdivision and land
development; which may show the layout of streets, lots, and other
pertinent features. It is advisable that it be drawn on a general
topographic or tax map.
The face of an embankment or cut section; and ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed in a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
A solar energy system that has an alternating current (A/C)
capacity of at least two megawatts (MW) and through connections to
the electric grid, is capable of producing power to off-site customers.
For purposes of this chapter, solar energy development does not include
accessory solar energy systems.
[Added by Ord. No. 11.08.2022.03, 11/8/2022]
A solar photovoltaic collection device and equipment including
supporting infrastructures such as solar arrays, panels, distribution
wires, batteries, storage cells, and all other mechanical equipment
using solar radiation to generate store, and distribute energy. Solar
energy systems may include substations and inverters and other accessory
equipment.
[Added by Ord. No. 11.08.2022.03, 11/8/2022]
Chemical or structural treatment of a mass of soil to increase
or maintain its stability or otherwise to improve its engineering
properties.
A special use in one or more districts granted by the Zoning
Hearing Board pursuant to certain specified conditions and the provisions
of this chapter.
A special approval which is required by this chapter.
A building in which one or more horses are kept for private
use and not for hire, remuneration or sale.
A building in which one or more horses are kept for remuneration,
hire or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between any floor and ceiling
next above it.
A story under a gable, hop or gambrel roof, the wall plates
of which on a least two opposite exterior walls are not more than
two feet above the floor of such story.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of other streets
upon which the lot abuts, at the midpoint of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct, and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private
and for the purposes of this chapter shall be classified as follows:
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ALLEYS — Minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
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ARTERIAL STREETS — Those which are used primarily for
through, fast or heavy traffic.
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COLLECTOR STREETS — Those which carry traffic from minor
streets to the major system of arterial streets, including principal
entrance streets of a residential development and streets for major
circulation within such developments.
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MARGINAL ACCESS STREETS — Minor streets which are parallel
to and adjacent to arterial streets and which provide access to abutting
properties and protection from through traffic.
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MINOR STREETS — Those which are used primarily for access
to the abutting properties. These may be primarily access to homes
in which case they will be minor residential streets.
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REVERSE FRONTAGE STREET — A minor street that provides
access to lots that would otherwise front on an arterial street. With
the introduction of a reverse frontage street, the lots front on the
minor street with the rear lot lines along the arterial.
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Anything constructed or erected, the use of which demands
a location on the soil, or attachment to something located in or on
the soil. A structure shall also include any man-made object having
an ascertainable stationary location on or in land or water, whether
or not affixed to the land.
A person, copartnership or corporation, who or which owns land in the Township and for which a land subdivision application is filed and processed under the provisions of the Subdivision and Land Development Ordinance [Chapter 22].
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devises, transfer of ownership or building or lot development;
provided, however, that the division of land for agricultural purposes
into parcels of more than 10 acres, not involving any new street or
easement of access, shall be exempted;
Any development of parcel of land or plan thereof; which involves
the installation of streets or alleys or both, whether or not proposed
for dedication, and any development of land for a shopping center,
or for multiple dwellings.
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MAJOR SUBDIVISIONAny subdivision involving five or more lots, parcels of land or other divisions of land whether or not they involve new streets, additional utilities or other facilities immediate or future.
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MINOR SUBDIVISIONAny subdivision involving not more than five lots, parcels of land or other divisions of land which abut a street of sufficient width and does not require a new street, the installation of sanitary sewers, storm sewers, water mains, or pipes, or other facilities, except that a subdivision otherwise qualifying as a minor street or streets are required; provided, that the plans as submitted to the Planning Commission contain the same street detail as required for major subdivisions unless a degree of lesser detail is accepted by the Planning Commission.
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Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: (A) before the improvement or repair is started
or, (B) if the structure has been damaged and is being restored, before
the damage occurred. For purposes of this definition "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor or other structural part of the building commences
whether or not that alteration affects the external dimensions of
the structure. The term does not include either: (1) any project for
improvement of a structure to comply with existing state or local
health sanitary, or safety code specifications which are solely necessary
to assure safe living conditions or, (2) any alteration of a structure
listed on the National Register of Historic Places or a state inventory
of historic places.
A low-lying stretch of land which gathers or carries surface
water runoff.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone messages between
subscribers and other business of the telephone company.
A portable lodging unit usually made out of skins, canvas,
plastic, or strong cloth stretched and usually sustained by poles,
and is dependent upon separate toilet and lavatory facilities.
A building or part of a building devoted to the showing of
moving pictures on a paid admission basis.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
Any cutting of or removal of trees or other harvesting of
forest products for firewood, cord wood, pole wood, timber, pulp or
any other commercial purpose, on any parcel of property over five
acres in size, with the following exceptions:
A person engaging in such an activity on his own property or
the property of another, with the other's permission, provided that
the use of the products is limited to being for the private residential
use of those engaging in the activity.
Such cutting, removal, or harvesting of less than five 5,000
board feet as measured by the scribner's scale, within any consecutive
twelve-month period, from any one lot, tract, or parcel of land or
combination of lands under common ownership.
The clearing or development of building sites or the clearing
of land for farm operations, provided that the cutting and removal,
or harvesting is incidental to such clearing operation and is not
carried out on a commercial basis.
A map showing the elevations of the ground by contours or
elevations.
Surface soils and subsurface soils which presumably are fertile
soils and soil material, ordinarily rich in organic matter or humus
debris. Topsoil is usually found in the uppermost soil layer called
the A Horizon.
A group of buildings, including either separate cabins or
a row of cabins which:
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
Hepburn Township, Lycoming County, Pennsylvania.
A duly registered professional engineer employed by the Township
or engaged as a consultant thereto.
See "recreation vehicle."
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A modification of the regulations of this chapter granted
by the Zoning Hearing Board on the grounds of practical difficulties
or unnecessary hardship, not self-imposed, pursuant to the provisions
of this chapter.
A permanent stream, intermittent stream, river, brook, creek,
or a channel or ditch for water whether natural or man-made.
A commercial electric generation facility whose main purpose
is to supply electricity, consisting of one or more wind turbines
and other accessory buildings and structures, including substation,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenant structures and facilities. For purposes of this
chapter, stand-alone wind turbines constructed for private use shall
be considered personal wind energy facilities.
A wind turbine or turbines situated on a lot to provide wind
energy to an individual home, office, business, industrial or agricultural
use located on the same lot. The wind energy generated by the turbine(s)
is not to be provided to others for the sale off-site in the power
grid. The personal wind energy facility shall follow all state laws
and regulations.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, rotor, tower and pad transformer, if any.
An unoccupied space, open to the sky, on the same lot with
a building or structure.
A yard extending the full width of the lot and situated between
the street right-of-way line and the required setback line projected
to the side lines of the lot. The depth of the front yard shall be
measured between the required setback line and the street right-of-way
line.
A yard extending the full width of the lot and situated between
the rear line of the lot and situated between the rear line of the
lot and the line establishing the required rear yard projected to
the side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot, or the adjacent right-of-way line
of the alley or street if there be an alley or street, and the line
establishing the rear yard.
A yard situated between the line establishing the required
side yard area and adjacent side line of the lot and extending from
the front yard to the rear yard. Any required yard not a rear yard
or a front yard shall be deemed a side yard.
Corner lots have two front yards, one side yard and one rear
yard.
