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.
[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.
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]
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.
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.
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.
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]
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.
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.
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.
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, 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."
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.
PREMISES
Any lot, parcel or tract of land and any building constructed
thereon.
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.
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, FREESTANDINGAn independently supported sign which is not attached to any building or structure.
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SIGN, PROJECTINGA 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.
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SIGN, ROOFA sign erected or displayed on a roof top; roof signs shall not exceed the maximum height requirements for buildings or structures.
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SIGN, WALLA sign erected or displayed on or parallel to the surface of a building and does not project more than 12 inches therefrom.
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SIGN, ADVERTISINGAny 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."
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SIGN, DOUBLE-FACEDA 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.
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SIGN AREAThe 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.
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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.
ACCESSORYA use customarily incidental and subordinate to the principal use of building and located on the same lot with such principal use or building.
B.
PRINCIPALThe 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.