Township of Swatara, PA Part 1 DEFINITIONS

§ 27-101 Definitions.

[Ord. 21A, 9/2/1982, Art. I; as amended by Ord. 44, 6/11/1998; by Ord. 2003-59, 9/11/2003; by Ord. 2006-73, 4/13/2006; by Ord. 2010-17, 3/11/2010, § 1; and by Ord. 2012-32, 1/12/2012, § 1]

1. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated:

A. Words used in the present tense include the future tense. The singular includes the plural.

B. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as individual.

C. The word "lot" includes the words "lot or parcel."

D. The term "shall" is always mandatory; the word "may" is permissive.

E. 

The words "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."

ACCESSORY BUILDING

A building detached from and subordinate to the principal building or use on the same lot and used for purposes customarily incidental to the principal building, but not including vehicles, mobile homes, travel trailers, truck trailers or any parts thereof. An accessory building may not house a principal use nor may it stand alone on a lot as a principal building.

ACCESSORY STRUCTURE

A structure detached from a principal structure, but located on the same lot, which is customarily incidental and subordinate to the principal building, structure or use.[1]

[Added by Ord. 2015-05, 8/13/2015]

ACT 247

See "Pennsylvania Municipalities Planning Code."

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock in trade (for sale or rental) books, magazines and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specific anatomical areas," as defined by § 5903 of the Crimes Code, 18 Pa.C.S.A. § 5903. Conditional use permit required.

ADULT BUSINESS USE

Any adult bookstore, adult cabaret, adult theater or adult mini-motion picture theater, as defined below, and which, under § 5903 of the Crimes Code, 18 Pa.C.S.A. § 5903, must exclude minors or may not knowingly disseminate to minors. Conditional use permit required.

ADULT CABARET

A cabaret, tavern, theater or club which features strippers, male or female impersonators or similar entertainers who exhibit, display or engage in nudity, sexual conduct or sadomasochistic abuse, as defined in § 5903 of the Crimes Code, 18 Pa.C.S.A. § 5903. Conditional use permit required.

ADULT MINI-MOTION PICTURE THEATER

An enclosed building offering video presentation distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons within private viewing booths and/or by use of free token or coin-operated viewing booths and/or by use of free token or coin-operated projectors or other video machines. Conditional use permit required.

ADULT THEATER

Any business, indoor or outdoor, which exhibits a motion picture show or other presentations which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse as defined in § 5903 of the Crimes Code, 18 Pa.C.S.A. § 5903. Conditional use permit required.

AGRICULTURAL OPERATION

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock product and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

AGRICULTURE

The cultivation of the soil for food products or other marketable products, not including animal husbandry or storage and/or processing of products grown on other premises.

AG SERVICE PROVIDER

A business which provides at least 75% of their services to farms, farm-related businesses and the agricultural community. Ag service providers may include excavators, farriers, farm equipment service providers, owner/operator trucking operations, electricians and emergency power equipment service suppliers, and welders.

[Added by Ord. No. 2022-9, 7/14/2022]

AIRPORT

An improved airstrip/landing strip where aircraft can land and take off, usually equipped with hangers, facilities for refueling and repair, accommodations for passengers, freight, etc.

AIRSTRIP/LANDING STRIP

An area adapted with minimal improvements for use as a temporary runway for aircraft.

ALLEY

A public thoroughfare (less than 20 feet in width), other than a street, which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

ALTERATION

Any enlargement of the total floor area of a building, any enclosure by adding walls beneath a previously roofed area, any extension of construction which increases the cubic content of a building.

ALTERATIONS, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

ANIMAL EQUIVALENT UNIT (AEU)

One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit.

ANIMAL HUSBANDRY

The raising, breeding, keeping or care of farm animals or livestock, including fowl or insects, for meat, by-products or other utility.

[Amended by Ord. 2015-05, 8/13/2015]

A. INTENSIVE ANIMAL HUSBANDRY A farm consisting of 20 or more animal equivalent units (AEU).

B. NONINTENSIVE ANIMAL HUSBANDRY A farm consisting of less than 20 animal equivalent units (AEU).

ANIMALS, ACCESSORY

The recreational keeping of animals and which is not an agricultural use, including but not limited to alpacas, beef animals, birds of prey, chickens, cows, donkeys, goats, guinea pigs, horses, pheasants, pigs, quail, rabbits, sheep and turkeys. Accessory animals shall be animals which can adapt to at least partial outside living. These animals must be contained in a species-appropriate enclosure with shelter. The amount of care and type of animal enclosure determines the accessory animal classification.

[Added by Ord. No. 2022-9, 7/14/2022]

ANIMALS, CLASS ONE

Includes guinea pigs, quail and rabbits.

[Added by Ord. No. 2022-9, 7/14/2022]

ANIMALS, CLASS TWO

Includes birds of prey, chickens (excluding roosters) and pheasants.

[Added by Ord. No. 2022-9, 7/14/2022]

ANIMALS, CLASS THREE

Includes alpacas, cows, donkeys, goats, horses, pigs, sheep, beef animals and turkeys.

[Added by Ord. No. 2022-9, 7/14/2022]

ANIMALS, NONACCESSORY

Animals not defined as accessory animals, including but not limited to alligators, bears, bison, buffalo, deer, domesticated skunks, guinea fowl, large cats, minks and other fur-producing animals, kangaroos, monkeys, peacocks, porcupines, raccoons, reptiles, rodents, roosters, wallabies, exotic animals typically held in zoos and wild animal sanctuaries and other animals by nature that do not interact well with humans, are known to be a nuisance, are by nature dangerous, or those animals which cannot be secured within a fenced pasture.

[Added by Ord. No. 2022-9, 7/14/2022]

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary, tentative 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.

AUTOMOBILE BODY SHOP

On a lot a building that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles for conveyance.

BASEMENT

A story partly below the finished grade, but having at least 1/2 of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. A basement shall be considered as one story in determining the permissible number of stories.

BED-AND-BREAKFAST (GUEST HOME)

An existing single-family detached dwelling, where between one and six rooms are rented to overnight guests on a daily basis for period not to exceed one week. Meals and, where applicable, alcoholic beverages may be offered only to registered overnight guests. Conditional use permit required.

BOARD

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

BUFFER AREA

A yard space, adjacent to a property line or building, which contains landscaping and plantings designed to screen, separate and shield a potentially incompatible use from adjoining properties.

BUILDING

A structure which has a roof supported by columns, piers, or walls, which is intended for the shelter, housing, or enclosure of persons, animals, or chattel or which is to house a use of a commercial or manufacturing activity.

A. BUILDING, ATTACHED A building which has two party walls in common.

B. BUILDING, DETACHED A building which has no party wall.

C. BUILDING, SEMIDETACHED A building which has only one party wall in common.

BUILDING AREA

The total areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings exclusive of cornices, eaves, gutters, or chimneys projecting not more than 18 inches; bay windows not extending more than one story and not projecting more than five feet; and steps and balconies.

BUILDING HEIGHT

The vertical dimensions measured from the average elevation of the finished lot grade at the front of the building to the highest point of the ceiling of the top story, in the case of a flat roof; to the deckline of a mansard roof; and to the average height between the plate and ridge of a gable, hip, or gambrel roof.

BUILDING LINE

A line located along and drawn parallel to a wall or other exterior supporting member of structure or portion thereof, excluding self-supportive projecting architectural features that project five feet or less. Yard requirements are applied from the lot lines to said building lines.

BUILDING, PRINCIPAL

A building in which the principal use of the lot is conducted.

CAMPGROUND

A parcel of land upon which two or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes and where acceptable sanitary facilities are provided for each campsite or for the campground as a whole. Camping units which are not occupied on a daily basis shall not be stored in areas reserved as campsites but may be stored in designated areas elsewhere in the campground. Floodplain areas shall not be utilized for sanitary facilities or camping unit storage.

CAMPING UNITS

Any tent, travel or camping trailer, truck camper, motor home, cabin or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education or vacation purposes. A dwelling unit located on the campground and occupied by the owner or manager of the campground shall not be considered a camping unit.

CAMPING, SHORT-TERM

Location of a camping unit within any one campground for a period not to exceed 15 days in any one calendar month.

CARPORT

See "garage, private."

CELLAR

A story partly below the finished grade having at least 1/2 of its height (measured from the finished floor to the finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.

CERTIFICATE OF ZONING COMPLIANCE

A certificate issued and enforced by the Zoning Officer upon the completion of the construction of a new building or upon a change or conversion of a structure of use or a building which certifies that the applicant has complied with any and all requirements and regulations as provided herein and all other applicable requirements. This certificate is also utilized for registration of nonconforming uses of land and/or structures in combination.

CLINIC

An individual building or cluster of buildings (on a lot in single or common ownership) operated by one or more licensed medical or dental practitioners for the purpose of providing medical or dental treatment to the public on an outpatient basis.

COMMERCIAL PRODUCTION AND PREPARATION OF AGRICULTURAL PRODUCTS

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

COMMUNICATION TOWER/ANTENNA

A nonresidential tower structure erected for the purpose of transmission, receiving or relaying of radio waves together with a structure for equipment connected therewith. Conditional use permit required.

COMMUNITY STREET

A private thoroughfare within a subdivided community, pursuant to the terms and conditions of Part 10A of this chapter, which affords primary vehicular access to lots within said community.

CONDITIONAL USE

A use permitted in a particular zoning district only upon showing that such use will comply with all the conditions and standards for the location and operation of such use as specified in this chapter and authorized by the Board of Supervisors.

CONSTRUCTION

The building, reconstruction, demolition activities for reconstruction, extension, expansion, alteration, substantial improvement, erection or relocation of a building or structure, including mobile homes. This shall include the placing of construction materials in a permanent position and fastened or placed in a permanent manner. Earthmoving activities shall not be deemed construction.

COVERAGE

See "impervious coverage" and "lot coverage."

[Amended by Ord. 2015-05, 8/13/2015]

DAY-CARE FACILITIES

[Amended by Ord. 2017-07, 9/14/2017]

A. FAMILY CHILD-CARE HOME A home setting with no more than six children, other than those in the family providing care.

B. GROUP CHILD CARE More than seven children, but not more than 12 children.

C. CHILD-CARE CENTER A commercial preschool-type environment or facilities with more than 12 children.

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Township lies.

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

A. The Board of Supervisors;

B. The Zoning Hearing Board; or

C. The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

DEVELOPMENT PLAN

The provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.

DISTRICT

A portion of Swatara Township within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.

DUPLEX

A single structure containing two dwelling units per structure, whereby each dwelling unit is separated by a vertical wall and has a separate and distinct access to the outside.

DWELLING UNIT

One or more rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities for one family.

DWELLING, SINGLE-FAMILY DETACHED

A building with one dwelling unit from the ground to roof and only one party wall in common with another dwelling unit. Commonly described as a duplex, the semidetached, single-family dwelling is on an individual lot and is connected on one side to a similar dwelling on an adjacent lot.

[Amended by Ord. 2015-05, 8/13/2015]

DWELLING, SINGLE-FAMILY SEMIDETACHED

A building with two dwelling units from ground to roof (one unit over the other) and only one party wall in common with another, connected to a building which may contain one or two dwelling units, and which is on an individual lot.

[Amended by Ord. 2015-05, 8/13/2015]

DWELLING, TWO-FAMILY DETACHED

A separate building on an individual lot with two dwelling units from the ground to roof (one unit over the other), and which is not designed for further subdivision.

[Amended by Ord. 2015-05, 8/13/2015]

DWELLING, TWO-FAMILY SEMIDETACHED

A building with two dwelling units from ground to roof (one unit over the other) and only one party wall in common with another, connected to a building which may contain one or two dwelling units. The two-family semidetached dwelling is on an individual lot and may be renter- or owner-occupied.

EASEMENT

A limited right-of-use granted in, on, or over private land for a public or semipublic purpose, including but not limited to a public utility easement or a stormwater easement. An easement may or may not be described with a metes-and-bounds description.

FAMILY

One or more persons living together as a single, nonprofit housekeeping unit and doing the cooking on the premises; however, this shall not include a group of persons occupying a boarding house, guest home, club, hotel, motel, fraternity or sorority house, etc.

FARM

A parcel of land 10 acres or more devoted to or available for the cultivation of land or other agricultural uses.

FARM-RELATED OCCUPATION OR BUSINESS

Any occupation or business compatible with and supplemental to farming, which is clearly incidental and secondary to the agricultural use of the land including, but not limited to, facilities for the processing, storage and wholesale distribution of goods produced on the farm, facilities for the service and repair of agricultural equipment and incidental sales of parts and services, blacksmith and tool sharpening services, butchering, clothes-making, and baking.

FENCE

A freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh or masonry, singly or in combination, erected for the purpose of screening or dividing one property from another to assure privacy, or to protect the property so screened or divided, or to define and mark the property line.

[Added by Ord. 2015-05, 8/13/2015]

FENCING

Includes species-specific fencing made of wire, vinyl, wood and electrified fencing as it pertains to keeping of animals.

[Added by Ord. No. 2022-9, 7/14/2022]

GARAGE, PRIVATE

A building or structure which is accessory to the principal building, which provides for the storage of motor vehicles of the families residing on the premises and in which no occupation, business or service for profit is conducted.

GARAGE, REPAIR

A structure, building or area of land or any portion thereof used primarily for the servicing and repair of automotive vehicles. A repair garage may provide one or more of the following services: general mechanical repair of motor vehicles including state inspection, lubrication, washing, or sale of accessories and motor vehicle fuels. Uses permissible as a repair garage do not include body work, straightening of body parts, painting, welding, and storage of certain vehicles as per § 27-1418 of this chapter. A retail garage is not an automobile body shop or a retail automotive parts store.

GARDEN APARTMENTS

Multifamily apartment buildings located on a plot of land under one ownership. Garden apartments are two stories high, with individual apartments on each story. Garden apartment buildings shall contain at least four, but not more than 16, dwelling units in a single structure, with the units generally renter-occupied. The garden apartments share:

A. A common yard area which is the sum of the required lot areas of all dwelling units within the complex.

B. Common off-street parking.

C. Common outside apartment access for some or all units.

D. Central utilities.

GASOLINE STATION

A structure, building, or area of land or any portion thereof that is used solely for the sale of gasoline, or other motor vehicle fuel, lubricants, or minor accessories for travelers' convenience (e.g., windshield wiper blades, spark plugs, fuses, bulbs, etc.). Said use shall not include the sale of automotive parts, tires, service, polishing or washing. Any business or industry dispensing gasoline solely for its own use and vehicles will not be deemed a gasoline station.

GRADE, FINISHED

The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans of designs relating thereto.

GREENHOUSE

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. Any greenhouse in which there are retail sales and/or items stocked for resale is a commercial use.

GROSS ACRE

An acre of land which is determined by the limits of the property line bounding that area and expressed in terms of square feet or acres, including any and all rights-of-way, licenses, and/or easements.

GROSS COMMUNITY AREA

That portion of a subdivided area of land upon which dwellings or manufactured homes may be built, which is determined by the limits of the property line bounding that subdivided area and expressed in terms of square feet or acres, including any and all rights-of-way, licenses, and/or easements.

GROUP HOME

A facility, or part of a facility, providing shelter, counseling and other rehabilitative services in a family-like environment for residents, who receive twenty-four-hour resident supervision and is licensed under an applicable state program. Residents may not be legally related to the facility operators or supervisors and, by reason of mental or physical disability, chemical or alcohol dependency or family or school adjustment problems, require a minimum level of supervision, but do not require medical or nursing care. A group home shall also be licensed and approved by the Pennsylvania Department of Public Welfare. All group home facilities require the issuance of a conditional use permit.

HABITABLE FLOOR AREA

The sum of the floor area of all heated, finished rooms, within a dwelling unit, used on a daily basis for habitation. Such area may include living rooms; recreation rooms; kitchen, dining rooms; bedroom; bathrooms; hallways; closets; heated and finished basements, cellars, and attics; attached garages which have been converted into an integral part of the living quarters; but does not include garages; porches, whether roofed, unroofed or enclosed; roofed terraces; unfinished and unheated basements, attics, cellars, or garages; etc.

HEXOPLEX

A single structure containing six dwelling units per structure, whereby each dwelling unit is separated by a vertical wall and has a separate and distinct access to the outside.

HIGH CUBE WAREHOUSES

Very large shell buildings, commonly constructed using steel-framed and/or concrete tilt-up techniques with a minimum gross floor area of 200,000 feet, a minimum ceiling height of 24 feet and a minimum dock-door ratio of one door per 10,000 square feet.

[Added by Ord. No. 2022-9, 7/14/2022]

HOME-BASED BUSINESS

Any activity permitted as a home occupation, in addition to but not necessarily limited to auto detailing, excavators, independent contractors, personal service providers. Showrooms for independent contractors are not allowed.

[Added by Ord. No. 2022-9, 7/14/2022]

HOME OCCUPATION

Any gainful occupation conducted within a dwelling which is of a service or professional nature such that the following conditions are met, as applicable: 1) the proprietor engages primarily in the sale of a service; 2) the handling of any durable goods is limited to primarily repairing or handcrafting; and 3) the handling of non-durable or consumable goods for sale is incidental to the service. Such home occupations include, but are not limited to, physicians, dentists, lawyers, architects, engineers and accountants; insurance, real estate or securities brokers; barbers and beauticians; photographers, tutors of individual students; seamstresses and tailors; and other occupations meeting these criteria which are not otherwise prohibited by law. Occupations of a nature that involve a gathering of people, or occupations that normally use large areas, or customarily are not compatible with dwellings by virtue of creating excessive noise, fumes, odor, dust, electrical interference, or substantially more than normal residential levels of traffic are prohibited. Prohibited home occupations include, but are not limited to, retail and wholesale stores; instructional classes of all types; shops and equipment storage of contractors; auto, truck or engine repair; medical or dental clinics.

HOSPITAL

A place for the diagnosis, treatment, or other care of humans and having facilities for inpatient care including such establishments as a sanitarium, sanatorium and preventorium.

HOTEL or LODGING HOUSE

A building used as the more or less temporary abiding place of three or more individuals who are, for compensation, lodged with or without meals, and in which no provision is made for cooking in any individual room or suite. A hotel may include restaurants, newsstands, and other accessory services primarily for serving its occupants and only incidentally the public.

HUTCH

A designated shelter or cage for small animals which provides shelter, fresh air and a place for species-appropriate exercise.

[Added by Ord. No. 2022-9, 7/14/2022]

IMPERVIOUS COVERAGE

Area covered by buildings, driveways, and other standard stoned or paved vehicular accessways.

INDEPENDENT CONTRACTOR

An individual that provide a service in someone else's home or property, including but not necessarily limited to carpenters, duct cleaners, electricians, general contractors, HVAC technicians and plumbers.

[Added by Ord. No. 2022-9, 7/14/2022]

JUNKYARD

A lot, land or structure, or part thereof, used primarily for the collecting, storage, and/or sale of wastepaper, rags, scrap metal, or discarded materials, or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof, as more specifically defined in this chapter.

KENNEL

See "pet kennel."

LAND DEVELOPMENT

Any of the following activities:

A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

B. A subdivision of land.

C. "Land development" does not include development which involves:

(1) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(2) The addition of an accessory building, including farm building, on a lot or lots subordinate to an existing principal building; or

(3) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition); a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in the land.

LANDSCAPING

Changing, rearranging or adding to the vegetation or appearance of land to produce a visual, aesthetic or environmental effect appropriate to the use of land. Landscaping may include reshaping the land by moving earth as well as preserving the original vegetation or adding vegetation.

LAUNDROMAT

A business premises equipped with individual clothes washing and/or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in a multifamily housing development.

LIVESTOCK

Any member of the bovine, equine, porcine, or ovine species including, but not limited to, cows, steers, horses, ponies, pigs, sheep and goats.

LOADING/UNLOADING SPACE

An off-street space not less than 12 feet wide, 55 feet long, and having a minimum clear height of 15 feet, exclusive of access area, for the parking of one vehicle while loading or unloading merchandise or materials.

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.

LOT AREA

An area of land which is determined by the limits of the property line bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

LOT COVERAGE

The percentage of the lot or property area covered by building or structures, excluding driveways, sidewalks, and other standard paved vehicular or pedestrian accessways.

LOT DEPTH

A mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines.

LOT LINE

Any line dividing a lot from another lot, street or parcel.

LOT WIDTH

The mean horizontal distance between the side lot lines, measured at right angles to its depth. Required lot width shall be measured at the most forward allowable building line or setback line; however, in the case where one side lot line is not parallel to the other side lot line, or of pie-shaped lots, the required lot width shall be measured at a point equal to 50% of the depth of the lot.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets or private roads.

[Amended by Ord. 2015-05, 8/13/2015]

LOT, FLAG

A lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.

[Added by Ord. 2015-05, 8/13/2015]

LOT, INTERIOR

A lot other than a corner lot, the sides of which do not abut a street.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

MANUFACTURED HOME

A multisectional built structure which is manufactured or constructed under the authority of 42 U.S.C. § 5401 and is to be used as a place for human habitation but is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site and which does not have permanently attached to its body or frame any wheels or axles.

MEDICAL MARIJUANA DISPENSARY

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the State Department of Health to dispense medical marijuana.

[Added by Ord. No. 2022-9, 7/14/2022]

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the State Department of Health to grow and process medical marijuana.

[Added by Ord. No. 2022-9, 7/14/2022]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, 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.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MODULAR HOME

A sectional, single-family dwelling, intended for permanent occupancy, contained in two or more units designed to be permanently joined into one integral unit, which arrives at a site complete and ready for occupancy except for assembly operations and construction of the necessary permanent foundation. For the purposes of this chapter, modular homes shall be treated the same as conventional stick-built single-family dwellings.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate entrances and designed for occupancy, primarily for transient automotive travelers, and provided with accessory off-street parking facilities. The term "motel" includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms, but shall not be construed to include mobile or immobile trailers or homes.

MUNICIPAL AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."

NONCONFORMING LOT

A lawfully established lot of record, existing at the date of the passage of this chapter or any amendment thereto, which does not at this time have the minimum lot width or contain the minimum lot area for the zoning district in which it is located.

NONCONFORMING SIGN

A sign which does not conform to the regulations of the district in which it is located.

NONCONFORMING STRUCTURE OR BUILDING

A lawfully constructed structure, building or part thereof which, at the time of the enactment of this chapter or any subsequent amendment thereto, does not comply with the provisions of this chapter or such amendment, with respect to restrictions on lot coverage, height, yard requirements, location on the lot or other similar requirements.

NONCONFORMING USE

A lawfully established use, whether of land, building or structure, which does not comply with the applicable use provisions of this chapter or subsequent amendment thereto, where such use was lawfully in existence at the time of the enactment of this chapter or such amendment thereto.

NURSERY SCHOOL

See "day care."

NURSERY, HORTICULTURE

Any lot or parcel of land used to cultivate, propagate, and grow trees, shrubs, vines, and other plants including the buildings, structures, and equipment customarily incidental and accessory to the principal use.

NURSING OR CONVALESCENT HOME

A building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.

OFFICE, PROFESSIONAL

A building containing office space for one or more persons engaged in occupations or callings which require extensive learning and academic preparation to secure knowledge or skill in a profession such as medicine, law, divinity or science, wherein professional advice, guidance or instruction is provided. Occupations or vocations which are trades, crafts, or businesses and often involve the sale of a product shall not be considered professional offices.

OPEN SPACE

The unoccupied space upon to the sky on the same lot with the building.

PARKING LOT

An off-street surfaced area designed solely for the parking of motor vehicles, including driveways, passageways, and maneuvering space appurtenant thereto.

PARKING SPACE

An open or enclosed area accessible from a street or alley for parking of motor vehicles for owners, occupants, employees, customers, or tenants of the principal building or use. Each parking space shall be not less than 10 feet wide and not less than 20 feet long, exclusive of all drives, curbs, and turning space.

PENNSYLVANIA LIMITED WINERY

A use licensed by the Pennsylvania Liquor Control Board which can involve the annual production of up to 200,000 gallons of wine from produce originating within the Commonwealth, the on-site retail sales of wine produced on the site and up to one other Pennsylvania limited winery, and the retail sales of related accessories. For the purpose of this chapter, a Pennsylvania limited winery shall be classified as an agricultural use which requires a zoning permit.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE

This enabling legislation provides the mechanism whereby municipalities can plan for community development through the adoption of a comprehensive plan and zoning ordinance and the establishment of planning commissions, planning departments and zoning hearing boards. The Code authorizes the above bodies to request appropriations, charge fees, make inspections, hold public hearings, make legal appeals, and process penalties for violations. For the purpose of this chapter, the Code, enacted as Act 247 of 1968, is intended to include the current code and any present or future amendments and shall be referred to hereafter as the "Municipalities Planning Code."[2]

PERSONAL SERVICE PROVIDER

An individual that provides a specific and specialized service to another person, which includes but is not limited to accountants, acupuncture, computer repair, dog grooming, gunsmiths, hair styling, nail salons, piercing, reflexology, seamstress/tailor, tattooing, therapeutic massage. These services often are subject to state and/or federal licensing and oversight.

[Added by Ord. No. 2022-9, 7/14/2022]

PET KENNEL

An enclosure or area (located outside a dwelling) which is designed for keeping more than three birds or animals, however, this does not include pet zoos or menageries.

PET, HOUSEHOLD

Any customary domestic animal or bird that is kept for pleasure rather than utility and which may be kept inside or outside of a dwelling.

PET, NOVELTY

An animal, bird or insect that is kept for pleasure that is not a customary household pet, nor of a domesticated variety, provided that it is not otherwise prohibited by law and is kept inside a dwelling.

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.

PLANNING COMMISSION

The Swatara Township Planning Commission.[3]

PREMISES

Any lot, parcel or tract of land and any building constructed thereon.[4]

PRIVATE ROAD

A legally established right-of-way, other than a street, which provides the primary vehicular access to a lot.

PUBLIC GROUNDS

Includes:

A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;

B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and

C. Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Board of Supervisors or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271 et seq.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

QUADRUPLEX

A single structure containing four dwelling units per structure, whereby each dwelling unit is separated by a vertical wall and has a separate and distinct access to the outside.

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESIDENTIAL FENCE

Any wall, structure or hedge more than 12 inches in height erected or maintained for the purpose of enclosing, partitioning, screening, restricting access to or decorating any lot, yard, building or structure.

RESTAURANT, DRIVE-IN

A commercial establishment where food or beverage is sold for consumption on the premises either in a customer's vehicle or in an outside area, but not within a building.

RESTAURANT, DRIVE-THROUGH

An accessory use to a commercial restaurant where the customer receives food or beverage via a drive-up window without the need for the customer to leave his vehicle.

RESTAURANT, FAST-FOOD

A commercial establishment where a limited selection of food or beverage is sold either for consumption on the premises or as a "take out" service. Food preparation is designed for immediate service to customers and food is normally prepared in advance to facilitate this type of "fast" service.

RESTAURANT, SIT-DOWN

A commercial establishment where a variety of foods and beverages are sold for consumption on the premises. Customers are normally seated at a table where they select food and beverage from individual menus and they are served foods and beverages by a restaurant employee at the same table at which said items are ordered and consumed.

RETAINING WALL

A wall designed to bear against soil or other material and which resists lateral and other forces from the material held in place.

ROW HOUSE

See "townhouse."

SANITARIUM, SANATORIUM

A private hospital, whether or not such facility is operated for profit.

SETBACK

The horizontal distance from a lot line to the part of the building or structure nearest to such a lot line.

SHOPPING CENTER

A group of stores, two or more in number, planned and designed as an integrated unit which off-street parking provided on the property as an integral part of the unit.

SHORT-TERM RENTAL

Any dwelling unit owned or managed by a person, firm, or corporation which is rented or leased for a period of no more than 30 consecutive days.

[Added by Ord. No. 2021-5, 4/8/2021]

SIGN

Any writing (including letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol, or trademark); or any other device or similar character which:

A. Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure;

B. Is used to announce, direct attention to, or advertise; and

C. Is visible from outside a building.

SIGN, FREESTANDING An independently supported sign which is not attached to any building or structure.

SIGN, PROJECTING A sign erected or displayed which is attached to the wall of a building and projects in a perpendicular fashion from said wall. Wall signs that project more than 12 inches shall be treated as projecting signs.

SIGN, ROOF A sign erected or displayed on a roof top; roof signs shall not exceed the maximum height requirements for buildings or structures.

SIGN, WALL A sign erected or displayed on or parallel to the surface of a building and does not project more than 12 inches therefrom.

SIGN, ADVERTISING Any sign which is owned or operated by any person, firm, or corporation engaged in the business of outdoor advertising for direct profit gained from the rental of such signs or any sign advertising a commodity not sold or produced on the premises, including "billboards."

SIGN, DOUBLE-FACED A sign consisting of two display areas placed back to back or joined along a common edge and is treated as having one sign area. If the display areas are joined along a common edge and the interior angle is greater than 45°, the structure shall be treated as having two sign areas.

SIGN AREA The area of a sign shall be construed to include the entire display surface and background, whether open or enclosed, which encompasses lettering, wording, designs and symbols, but not including any supporting framework and bracing which is incidental to the display itself. The area shall be determined using the largest visible sign or silhouette area. When the sign consists of individual letters of symbols attached to or printed on a surface, the area shall be considered to be the smallest rectangular shape or shapes which can be drawn together to encompass all of the letters and symbols.

SITE PLAN

A plan of a lot or subdivision on which is shown topography; location of all buildings, streets, rights-of-way, and boundaries; all essential dimensions and bearings; and any other information deemed necessary by the Township in unusual or special cases.

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq., § 10901 et seq.

STORY

A story is that part of a building between the surface of any floor and the next floor above it or in its absence, the finished ceiling or roof above it. A "split level" story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than two feet below the top plate shall be counted as a story; and, if less than two feet below the top plate, shall be counted as a half story.

STREET

A public thoroughfare, right-of-way (or private road or right-of-way) 20 feet in width or greater which affords primary vehicular access to abutting properties.

STREET LINE

The line determining the limit of the street or public right-of-way, either existing or contemplated. Also referred to as the street, lot line or right-of-way line. Where a definite right-of-way width has not been established, the street line shall be determined as a line 25 feet from the center line of the existing street.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of this chapter) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

TOWNHOUSE

A single-family dwelling located on an independent lot and constructed as a part of a series of three or more connected single-family dwellings with one dwelling unit from ground to roof. Townhouses are considered attached dwellings, except for end units of a building series which are semidetached. Townhouses provide residents with individual yards, parking and utility access. Common areas and facilities, including parking areas, may be designed for joint utilization by all residents of the townhouse development.

[Amended by Ord. 2015-05, 8/13/2015]

TRAVEL TRAILER

A vehicular portable structure built on a chassis (motorized home, converted bus, tent, trailer, tenant, or similar device) designed to be used as a temporary dwelling for travel and recreational purposes.

TRIPLEX

A single structure containing three dwelling units per structure, whereby each dwelling unit is separated by a vertical wall and has a separate and distinct access to the outside.

USE

[Added by Ord. No. 2021-5, 4/8/2021]

A. ACCESSORY A use customarily incidental and subordinate to the principal use of building and located on the same lot with such principal use or building.

B. PRINCIPAL The main purpose for which land or a building is designed, designated, arranged, intended, or for which it is or may be occupied or maintained.

VARIANCE

Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

YARD

An open space, other than a court, unoccupied by a structure; provided, however, that fences, walls, posts, trees, lawn furniture, and other customary yard accessories are permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

YARD, FRONT

The area extending the full width of the lot contained between the principal structures and the street right-of-way line, except that where a portion of the site has a front property line that is located away from the street right-of-way and runs generally parallel to the street, the front yard shall also include that area that is located between the principal structure and the front property line that generally parallels the street. (See diagram below).

YARD, REAR

The area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above described front yard.

YARD, REQUIRED

An open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for permitted accessory buildings or such projections as are expressly permitted. The minimum depth or width of a required yard shall consist of the horizontal distance between the lot line and the required building line.

[Amended by Ord. 2015-05, 8/13/2015]

YARD, SIDE

The area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the non-address street(s). For flag lots, the side yards shall be the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure. (See diagram below)

ZONING DISTRICT

A section of a municipality designated in the text of this chapter and delineated on the Zoning Map, in which requirements for the use of land and building and development standards are prescribed.

[Added by Ord. 2015-05, 8/13/2015]

ZONING PERMIT

A document signed by the Township Zoning Officer, as required in this chapter, as a precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, that acknowledges that such use, structure or building complies with the provisions set forth in this chapter or authorized variance therefrom.

[Added by Ord. 2015-05, 8/13/2015]

ZONING OFFICER

The agent(s) or official(s) designated by the Township Supervisors to enforce this chapter.

[1] Editor's Note: The former definition of "accessory use," which immediately followed, was repealed by Ord. No. 2021-5, 4/8/2021. See now the definition of "use."

[2] Editor's Note: The definition of "permit," which immediately followed this definition, was repealed 8/13/2015 by Ord. 2015-05.

[3] Editor's Note: The definition of "Planning Department Site Review Committee," which immediately followed this definition, was repealed 8/13/2015 by Ord. 2015-05.

[4] Editor's Note: The former definition of "principal uses," which immediately followed, was repealed by Ord. No. 2021-5, 4/8/2021. See now the definition of "use."